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HomeMy WebLinkAboutNC0021555_Permit Issuance_20130215NPDES DOCUHENT SCANNING COVER SHEET NC00 2/3T5 WWTP NPDES Permit: Document Type: JP • Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: February 15, 2013 This document is printed on reuse paper. - ignore any content on the rezrerse side 5 ATA bENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary The Honorable Derryl Garner, Mayor Town of Newport P. O. Box 1869 Newport, North Carolina 28570 February 15, 2013 Subject: Issuance of Final Permit NPDES Permit No. NC0021555 Town of Newport WWTP Carteret County Class III Facility Dear Mayor Garner: Division of Wat ler Quality (Division) personnel have reviewed and approved your application for a renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. It is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007. This final permit contains the following changes from the previously -issued permit: • The supplement to permit cover sheet was modified to account for changes made to the existing facility and new facilities to be constructed in conjunction with the plant's expansion to 1.2 MGD. • A new effluent flow sheet for 1.2 MGD was added to accommodate the facility expansion. In addition, the obsolete effluent flow sheet for 0.75 MGD was eliminated. • Since the expanded treatment facility will be classified as major, three priority pollutant analyses are required during each permit term. A condition was added to require this. Please note that mercury is required to be analyzed using EPA Method 1631 E. • Quarterly toxicity testing was required at the 1.2 MGD design flow. This testing will be done using a Ceriodaphnia P/F test at 82% wastewater concentration. • The monitoring frequency for total residual chlorine was changed to 3/week in accordance with minimukn requirements for Class III facilities. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 l FAX: 919-807-6492 Internet www.ncwatenuuality.orq Nose Carolina X'aturaiy An Equal Opportunity \ Affirmative Action Employer If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing upon written request within thirty (30). days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699- 6714. Unless such demand is made, this permit remains final and binding. This permit is not transferable except after notifying the Division of Water Quality. The Division may modify and reissue or revoke this permit. Please note that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Division of Coastal Management, or other federal or local agencies. If you have questions, or if we can be of further assistance, please contact Mr. Gil Vinzani at [gil.vinzani@ncdenr.gov] or at (919) 807-6395. Enclosure: NPDES Permit FINAL NC0021555 Cc: Sincerely, 6767/Charles Wakild, P. E. Wilmington Regional Office, Surface Water Protection Section Environmental Sciences Section/Aquatic Toxicology Unit, Susan Meadows * EPA Region IV, Ben Ghosh * Division of Marine Fisheries, Shellfish Sanitation Section* NPDES Files Central Files * E-mail copy Permit NC0021555 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the 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, the Town of Newport is hereby authorized to discharge wastewater from a facility located at the Newport W1NTP 160 Kirby Lane Newport Carteret County to receiving waters designated as the Newport River in the White Oak River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective April 1, 2013. This permit and the authorization to discharge shall expire at midnight on July 31, 2017. Signed this day February 15, 2013: 661, Charles Wakild, P. E., Director • Division of Water Quality By Authority of the Environmental Management Commission Permit NC0021555 - SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Newport is hereby authorized to: 1. Continue to operate an existing 0.6 MGD wastewater treatment facility located at the Newport VVWTP (160 Kirby Lane, Newport) in Carteret County. This permitted facility discharges via ouffall 001 and includes the following wastewater treatment components: • Dual headworks with manual bar screens • Partial Influent /waste sludge pump station with three pumps • Oxidation ditch with dual mechanical rotors, • Polymer addition system • Parallel dual clarifiers • Aerobic digester • Four available sludge drying beds • Rotary drum tertiary filter • A 1.5-meter sludge belt press • Ultraviolet disinfection • Post -aeration chamber • Effluent flow meter with recorder 2. Upon receiving an Authorization to Construct from the Division and submitting an engineer's certification, construct and operate a 1.2 MGD wastewater treatment facility including the following components: • Headworks including a mechanical bar screen and grit removal system • Influent and effluent flow monitoring and flow proportional composite samplers • Influent pump station • Dual oxidation ditches approximately 723,000 gallons in size • Sludge bio-stabilization unit with lime feed • Two new clarifiers • Dual tertiary disk filters • New chlorine contact basin with a new dechlorination facility • Gravity step aeration unit 3. Discharge from said treatment works into Newport River, currently a class C stream in the White Oak River Basin, at the location specified on the attached map. Quad: Newport Latitude: 34°46'50.3" Longitude: 76°51'51.7" Stream Class: C Subbasin: 30503 Receiving Stream: Newport 8-Digit HUC: 03020301 NC0021555 Town of Newport Newport WWTP River Facility Location - - — SCALE 1:24000 Permit NC0021555 A (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.6 MGD) Beginning on the effective date of this permit and lasting until expansion above 0.6 MGD, but lasting no later than expiration, the permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: PARAMETER': EFFLUENT LIMITATIONS MONITORING REQUIREMENTS: Monthly Average Weekly Average. > Daily Maximum Measurement Frequency Sample : ` Type Sample Location' . . Flow 0.6 MGD Continuous Recording . I or E BOD, 5-day, 20°C 2 (April 1— October 31) 9.2 mg/L 13.8 mg/L 3/Week Composite I and E BOD, 5-day, 20°C 2 (November 1— March 31) 18.3 mg/L 27.5 mg/L 3/Week Composite I and E Total Suspended Solids 2 30.0 mg/L 45.0 mg/L 3/Week Composite I and E NH3 as N (April 1— October 31) 1.2 mg/L 3.6 mg/L 3/Week Composite E NH3 as N (November 1— March 31) 3.0 mg/L 9.0 mg/L 3/Week Composite E Temperature 3/Week Grab E Temperature See Note 1 Grab U, D pH 3 3/Week Grab E Dissolved Oxygen 4 3/Week Grab E Dissolved Oxygen See Note 1 Grab . U, D Total Residual Chlorine 5 24 pg/L 3/Week Grab E Fecal Coliform (geometric mean) 14/100 mL 28/100 mL 3/Week Grab E Fecal Coliform (geometric mean) See Note 1 Grab U, D Total Nitrogen (NO2-N+ NO3-N+ TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Oil and Grease Quarterly Grab E Notes: 1. I: influent; E: effluent; U: upstream at Hi Instream samples shall be collected 3/v+ during the remaining months of the yeas 2. The monthly average effluent BOD5 anc value (85% removal). 3. The pH shall not be less than 6.0 stand, 4. The daily average effluent dissolved ox 5. The Division shall consider all effluent 1 • However, the permittee shall continue t laboratory (including field certified), eve hway 70 Bypass bridge; D: downstream at Highway 70-A bridge. ek during the months of June through September and once per week TSS concentrations shall not exceed 15% of the respective influent Ord units nor greater than 9.0 standard units. gen concentration shall not be less than 5.0 mg/L. RC values reported below 50 pg/L to be in compliance with the permit. record and submit all values reported by a North Carolina certified if these values fall below 50 pg/L. There shall be no discharge of fl • ating solids or visible foam in other than trace amounts. Permit NC0021555 A (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (1.2 MGD) Beginning upon expansion above 0.6 MGD and lasting until expiration, the permittee is authorized to discharge treated wastewater from ouffall 001. Such discharges shall be limited and monitored IV the permittee as specified below: ` PARAMETER :-.s . EFFLUENT..LIMITATIONS;<. ., ; •, IVIONITORING-,: EQUIRENIENTS Montply •Average _; . Weekly Average. Daily : Maximum Measurement Frequency. : Sainple ;Type..... - Sampled l_OCationl Flow 1.2 MGD Continuous Recording I or E BOD, 5-day, 20°C 2 (April 1— October 31) 4.6 mg/L 6.9 mg/L 3/Week Composite I and E BOD, 5-day, 20°C 2 I (November 1 — Mardi 31) 6.9 mg/L 10.3 mg/L 3/Week Composite I and E Total Suspended Solids 2 30.0 mg/L 45.0 mg/L 3IWeek Composite l and E NH3 as N (April 1— October 31) 1.1 mg/L 3.3 mg/L 3/Week Composite E NH3 as N (November 1— March 31) 2.5 mg/L 7.5 mg/L 3/Week Composite E Temperature 3/Week Grab E Temperature See Note 1 Grab U, D pH 3 ' 3/Week Grab E Dissolved Oxygen 4 3/Week Grab E Dissolved Oxygen See Note 1 Grab U, D Total Residual Chlorine 5 20 pg/L 3/Week Grab E Fecal Coliform (geometric mean) 14/100 mL 28/100 mL 3/Week Grab E Fecal Coliform l (geometric mean) See Note 1 Grab U, D Total Nitrogen (NO2-N+ NO3-N+ TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Oil and Grease Quarterly Grab E Chronic Toxicity 6 Quarterly Composite E Effluent Pollutant Scan *Monitor and Report Footnote 7 Footnote 7 E Notes: 1. I: influent; E: effluent; U: upstream at Highway 70 Bypass bridge; D: downstream at Highway 70-A bridge. Instream samples shall be collected 3/week during the months of June through September and once per week during the remaining months of the year. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The pH shall not e less than 6.0 standard units nor greater than 9.0 standard units. 4. The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/L. 5. The Division shall consider all effluent TRC values reported below 50 pg/L to be in compliance with the permit. However, the permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 pg/L. 6. Chronic Toxicity (Ceriodaphnia) P/F @ 82%; quarterly test beginning within the first month of effluent discharge at this flow rate; see condition A (3) of this permit. 7. The permittee shall perform three effluent pollutant scans during the term of this permit [see A (4)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0021555 A (3) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 82% at 1.2 MGD. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," revised February 1998 or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (revised -February 1998) or subsequent versions. The tests will be performed quarterly, beginning within the first month of effluent discharge. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (revised February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (revised February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. 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 of flow 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 form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, 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. Permit NC0021555 A (4) EFFLUENT POLLUTANT SCAN The permittee sha I perform a total of three (3) effluent pollutant scans for all parameters listed below. One scan must be performed in each of the following years: 2013, 2014, and 2015:• Analytical methods shall be in accord nce with 40 CFR Part 136 and shall be sufficiently sensitive to determine whether parameters are pr sent in concentrations greater than applicable standards and criteria. Samples should be collected with o e quarterly toxicity test each year, and must represent seasonal variation (i.e., do not sample in the same quarter every year). Unless otherwise indicated, metals shall be analyzed as "total recoverable." Ammonia (as N) Chlorine (total residual, TRC) Dissolved oxygen Nitrate/Nitrite Kjeldahl nitrogen Oil and grease Phosphorus Total dissolved solids Hardness Antimony Arsenic Beryllium Cadmium Chromium Copper Lead Mercury (EPA Method 1631E) Nickel Selenium Silver Thallium Zinc Cyanide Total phenolic compounds Volatile organic compounds: Acrolein Acrylonitrile Benzene Bromoform Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2-chloroethylvinyl ether Chloroform Dichlorobromomethane 1,1-dichloroethane 1,2-dichloroethane Trans-1,2-dichloroethylene 1,1-dichloroethylene 1,2-dichloropropane 1, 3-d ichloropropylene Ethylbenzene Methyl bromide Methyl chloride Methylene chloride 1,1,2,2-tetrachloroethane Tetrachloroethylene Toluene 1,1,1-trichloroethane 1,1,2-trichloroethane Trichloroethylene Vinyl chloride Acid -extractable compounds: P-chloro-m-cresol 2-chlorophenol 2,4-dichlorophenol 2,4-dimethylphenol 4, 6-d i n itro-o-cresol 2,4-dinitrophenol 2-nitrophenol 4-nitrophenol Pentachlorophenol Phenol 2,4,6-trichlorophenol Base -neutral compounds: Acenaphthene Acenaphthylene Anthracene Benzidine Benzo(a)anthracene Benzo(a)pyrene 3,4 benzofluoranthene Benzo(ghi)perylene Benzo(k)fluoranthene Bis (2-chloroethoxy) methane Bis (2-chloroethyl) ether Bis (2-chloroisopropyl) ether Bis (2-ethylhexyl) phthalate 4-bromophenyl phenyl ether Butyl benzyl phthalate 2-chloronaphthalene 4-chlorophenyl phenyl ether Chrysene Di-n-butyl phthalate Di-n-octyl phthalate Dibenzo(a,h)anthracene 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene 3,3-dichlorobenzidine Diethyl phthalate Dimethyl phthalate 2,4-dinitrotoluene 2,6-dinitrotoluene 1,2-diphenylhydrazine Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclo-pentadiene Hexachloroethane Indeno(1,2,3-cd)pyrene Isophorone Naphthalene Nitrobenzene N-nitrosodi-n-propylamine N-nitrosodimethylamine N-nitrosodiphenylamine Phenanthrene Pyrene 1,2,4-trichlorobenzene Reporting: Test results shall be reported on DWQ Form -A MR-PPA1 (or in a form approved by the Director) by December 31st of each designated sampling year. The report shall be submitted to the following address: NC DENR / DWQ / Central Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. Permit NC0021555 A (5) NOTIFICATION OF RELEASE The permittee shall notify the Shellfish Sanitation and Recreational Water Quality Section of any release of partially treated wastewater or untreated wastewater into the Newport River. This notification shall be made within three hours of the discharge to the North Carolina Division of Marine Fisheries communication center at 252-726-7021. This notification does not relieve the permittee of other spill notifications procedures as required by other agencies. NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) Version 11/09/2011 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters > Influent samples shall not be collected more than once per hour. > Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. > Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Depailinent of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 11/09/2011 NPDES Permit Standard Conditions Page 3of18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. g. Version 11/09/2011 NPDES Permit Standard Conditions Page 5of18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the 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 unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] 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 [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a 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 [40 CFR 122.22] Version 11/09/2011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(0]. 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 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: > receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 11/09/2011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: > Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly > Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: > Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 11/09/2011 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. 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. b. Conditions necessary for a demonstration of upset: Any 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) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11/09/2011 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. 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 CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/09/2011 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this 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 CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 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 [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 11/09/2011 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day 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 without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 11/09/2011 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011 NPDES Permit Standard Conditions Page 15 of 18 Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or Any trucked or hauled pollutants, except at discharge points designated by the POTW. All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. (3) (5) (7) (8) c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. 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 discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/09/2011 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.44(j)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(0(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts ILD and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit OUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(0(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/09/2011 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of Ms in SNC, a summary of data or other information related to significant noncompliance determinations for Ms that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (Ms) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(0(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SMs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 11/09/2011 DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES Permit NC0021555 Newport WWTP Renewal and Facility Expansion Facility Information Applicant/Facility Name Town of Newport / Newport WWTP Applicant Address P.O. Box 1869, Newport, NC 28570 Facility Address Kirby Lane, Newport, NC 28570 Permitted Flow 0.6 / 1.2 MGD Type of Waste 100% Domestic Permit Status Renewal / Facility Expansion County Carteret Miscellaneous Receiving Stream Newport River Regional Office Wilmington Drainage Basin White Oak Permit Writer Gil Vinzani Stream Classification C Quad Map Newport 303(d) Listed? No 8-Digit HUC 03020301 Subbasin 030503 Date February 12, 2013 Drainage Area (mi2) 46.8 -T° Facility Location ?tea ' Summer 7Q10 (cfs) 0.4 Winter 7Q10 (cfs) 0.9 Average Flow (cfs) 63 IWC (%) 74% / 82% SUMMARY • The Town of Newport is requesting the renewal of the existing permit, together with a request for an expansion to 1.2 MGD. The WWTP currently serves a population of 4,150. • Annual average monthly flow for the past 12 months (September 2011 to August 2012) was 0.399 MGD, or 66 percent of WWTP capacity. However, flows were significantly higher (0.421 MGD) during the most recent six-month period. In addition, the previous 12 months (September 2010 to August 2011) average flow was only 0.371 MGD. This shows a strong recent trend towards increasing flows. • The influent to this facility is 100% domestic with no pretreatment program. • The discharge is located 7.4 miles upstream of SA waters. Although the outfall location is not on the 2012 303(d) impairment list, a significant portion of the SA segment of the Newport River downstream is listed. The cause of impairment is fecal coliform and some areas are closed for shellfishing. • Originally, the UV system was designed to meet fecal coliform limits of 200/400 per 100 mL and not the 14/28 limits in the existing permit. In the past, the town submitted the results of a dye study attesting that treatment plant expansion up to 1.5 MGD would not affect the shellfish closure line even with the less restrictive limits. The Division did not agree to the less restrictive limits and fecal coliform limits remained at 14/28. The Division, the town, and their engineers met on March 11, 2008 at the WWTP and discussed the issue of achieving compliance with the fecal coliform limit. In response, the town added supplemental chlorine disinfection. • The proposed expansion changes the classification of this treatment facility from a minor to a major. As such, toxicity testing will be added, and a priority pollutant analysis (PPA) required during the coming permit term. In addition, this permit renewal will be subject to review by US EPA Region 4. Town of Newport Fact Sheet Renewal and Facility Expansion Page 1 of 3 DENRIDWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT • The Infrastructure Finance Section (IFS) determined that the expansion is below the minor construction activity threshold. Therefore, the project was exempt from inter -agency review and a full environmental assessment was not required. • The final environmental information document / engineering report was submitted to IFS on June 7, 20112. It was subsequently reviewed and approved by IFS. Appendix 8 of this document includes a flow justification for a 1.2 MGD facility. It projects a total flow of 1.2073 MGD for the design year 2034. • An engineering alternatives analysis was also approved by IFS. This included a no action alternative, optimum operation of existing facilities only, land application, decentralized systems including individual septic tanks, and regionalization. The selected alternative, WWTP expansion to 1.2 MGD using an oxidation ditch, was demonstrated to be the most economically feasible. This analysis was approved by IFS and complies with the DWQ antidegredation policy (15A NCAC 2B.0201), which requires applicants to consider non - discharge alternatives. • The town w s provided speculative limits in a letter from the Division on January 7, 2011. The limits from this letter were reviewed and used in the expanded flow portion of this permit (1.2 +VIGD flow). • The plant will remain a Class III facility. COMPLIANCE SUMMARY • The facility's compliance history from January 2008 to the present was reviewed. BIMS reflects the facility's historical problems with TRC limit violations and with meeting the contested 14/28 fecal coliform limit. However, no TRC exceedances have been noted since September 2010, and no fecal exceedances since January 2010. There have also been several violations of the 5 mg/L DO limit; but none have occurred since October 2010. • On May 11, 2012, the facility requested withdrawal of their existing SOC application. On June 14, 2012, the Division concurred with the request and agreed to continue to hold penalties for limits violations in abeyance. These penalties, $31,950 in total, were related to limits violation and enforcement cases from 2007-2009. A new SOC application is pending submittal after issuance of this permit. • A compliance inspection was last performed by the Wilmington Regional Office (Dean Hunkele) on September 22, 2010. There were no significant issues or findings noted during the inspection, although a few minor issues with the treatment facility were noted. INSTREAM DATA REVIEW • Summer Instream data for fecal coliform and dissolved oxygen were reviewed for the years 2010-2012. An analysis of sample results shows that there are little or no differences between upstream and downstream numbers - downstream sample results were consistently very close to upstream results. For example, the geometrical average for fecal coliform samples in September 2012 was 63 per 100 mL upstream and 69 per 100 mL downstream. In September 2011, these figures were 424 upstream and 439 downstream. This pattern was evident for individual days and for dissolved oxygen sample results as well. • It may be concluded that this outfall has had little effect on dissolved oxygen levels and fecal coliform concentrations in the Newport River. • Considering the proximity of the ouffall to shellfish waters, this draft permit proposes the same instream monitoring requirements as the present permit. Town of Newport Fact Sheet Renewal and Facility Expansion Page 2 of 3 DENRIDWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT PROPOSED CHANGES: • The supple ent to permit cover sheet was modified to account for recent improvements and new fa ilities to be constructed in conjunction with the plant's expansion to 1.2 MGD. • A new effluent flow sheet for 1.2 MGD was added to accommodate the facility expansion. In addition, the obsolete effluent flow sheet for 0.75 MGD was eliminated. • Since the expanded treatment facility will discharge over 1.0 MGD, a priority pollutant analysis (PPA) was added. • Quarterly toxicity testing was required at the 1.2 MGD expanded flow. This testing will be done using is Ceriodaphnia P/F test at 82% wastewater concentration. • The monitoring frequency for total residual chlorine was changed to 3/week in accordance with minimum requirements for Class III facilities. PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: December 19, 2012 Permit Scheduled to Issue: February 2013 Permit Expiration Date: July 31, 2017 STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Gil Vinzani at (919) 807-6395 or at gil.vinzani@ncdenr.gov. SIGNATURE: DATE: fb. 6, 2G t 3 Town of Newport Fact Sheet Renewal and Facility Expansion Page 3 of 3 ATA. wort North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eave Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary December 19, 2012 MEMORAN UM To: Patti Fowler NC DENR / DMF / Shellfish Sanitation From: Gil Vinzani NC Division of Water Quality NPDES Program Subject: Review of Draft NPDES Permit NC0021555 Town of Newport VV TP Carteret County Please indicate below your agency's position or viewpoint on the draft permit and return this form by JanLiary 18, 2013. If you have any questions on the draft permit, please contact me at 919-807-6395 or at giivinzani@ncdenr.gov. RESPONSE: (Check one) n n Concur with the issuance of this permit provided the facility is operated and maintained properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. Concurs with issuance of the above permit, provided the following conditions are met In order to effectively monitor the discharge for shellfish sanitation purposes the Instream samples should be collected 3/week all year instead of 3/week during the months of June through September and once per week during the remaining months of the year" as described in the draft permit under Note 1. Opposes the issuance of the above permit, based on reasons stated below, or attached: Signed ""`e,, " n' Vu.�� Date: 1%3/13 n � � 1617 Mail Service Cuter, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-707-86001 FAX: 919407 6492 Internet www.ncwateraualitv.arg An Equal Opportunity 1 AI rmative Action Employer NOae Caro a Naturally CARTERET COUNTY, NORTH CAROLINA AFFIDAVIT OF PUBLICATION Before the undersigned, a notary public of said County and State, duly commis- sioned, qualified, and authorized by law to administer oaths, personally appeared Misty L. Poff first duly sworn, deposes and says that he (she) is Clerk who being (Owner, partner, publisher or other officer or employee authorized to make this affidavit) of THE CARTERET PUBLISHING CO., INC., engaged in the publication of a newspaper known as CARTERET COUNTY NEWS -TIMES, published, issued, and entered as second class mail in the Town of Morehead City, in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached here- to, was published in CARTERET COUNTY NEWS -TIMES on the following dates: 12/28/2012 and that the said newspaper in which such notice, paper, document, or legal adve tisement was published was, at the time of each and every such publication, a news paper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the mean- ing of Section 1-597 of the General Statutes of North Carolina. This 28th day of December, 2012 gnatu of person makivit) Sworn and subscribed to before me, this: Rii�� of December, 2012 .:*% �pD1E oIocA a '8 L IC ,` Notary Public lie November 11, 2017 0000000 WW1 Public Notice North Carolina Environmental Management Commission/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Notice of Intent to Issue a NPDES Wastewater Permit The North Carolina Environmental Management Commission proposes to issue a NPDES wastewater discharge permit to the person(s) listed below. Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. The Director of the NC Division of Water Quality (DWQ)-may hold a public hearing should there be a significant degree of public interest. Please mail comments and/or information requests to DWQ at the above address. Interested persons may visit the DWQ at 512 N. Salisbury Street, Raleigh, NC to review information on file. Additional information on NPDES permits and this notice may be found on our website: httpJ/portal.ncdenr.org/web/wq/swp/ps/npdes/calendar, or by calling (919) 807-6390. The Town of Newport requested modification and renewal of permit NC0021555 for the Newport WWTP in Carteret County. This permitted facility discharges 0.6 MGD treated wastewater to the Newport River in the White Oak River Basin. The renewed draft permit allows an expanded discharge of 1.2 MGD. This permitted discharge is domestic wastewater to the Newport River in the the White Oak River Basin. D28 11111'� 12•, d.�' S 13102343 10514883 IWC Calculations Town of Newport WWTP NC0021555 Prepared By: Gil Vinzani Enter Design Flow (MGD): Enter s7Q10 (cfs): Enterw7Q10 (cfs): 1.2 0.4 0.9 Total Residual Chlorine (TRC) Daily Maximum Limit (ug/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (UG/L) Upstream Bkgd (ug/I) IWC (%) Allowable Conc. (ug/l) Fecal Coliform Monthly Average Limit: (If DF >331; Monitor) (If DF<331; Limit) Dilution Factor (DF) 0.4 1.2 1.86 17.0 0 82.30 21 i rtc ` t (7/i( lef r were risa'J Ammonia (Summer) Monthly Average Limit (mg NH3-N/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Ammonia (Winter) Monthly Average Limit (mg NH3-N/I) w7Q10 (CFS) 200/100m1 DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) 1.22 Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/I, Monitor Only 2. Monthly Avg limit x 3 = Weekly Avg limit (Municipals); capped at 35 mg/I 3, Monthly Avg limit x 5 = Daily Max limit (Non-Munis); capped at 35 mg/I 4. BAT for Minor Domestics: 2 mg/I (summer) and 4 mg/I (winter) 5. BAT for Major Municipals: 1 mg/I (year-round) 0.4 1.2 1.86 1.0 0.22 82.30 1.2 0.9 1.2 1.86 1.8 0.22 67.39 2.6 Fecal Coliform 1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni) NPDES Server/Current Versions/WLA; TB 1/16/2009 AVG. Touuvi or New F42r Ncoo -t55S IN ST EAR titoi.FroLy AvcrAGE5 2 uPsrreAoy Po Facai 297 3.8 22 7 3.7 2.12 3,5 .2tf L po 4),i772r-A« 0,0 re s 271 3. s 252 ?.6 252 3.9 227 /to_p__byt 5EPr c( 2.5 421( .o 1439 A -VG 3+o ! 9 ! 3.1 222 /g o 6.0 131 uNe 11, /05 L(9 101 st- 2olo , Lf-• 9 63 J/.9 69 AuG 22Lf 7 2j9 6.2 2q5 J o4 C- L.7 270 S:o .22o %LEI/ __ 1t/20i2 G)-eMeon-- 6/Uv � Belnick, Tom From: Sent: To: Cc: Subject: Belnick, Tom Monday, June 04, 2012 2:52 PM 'Ben Clawson' Haynie, Jennifer; Vinzani, Gil RE: Town of Newport Proposed Wastewater Treatment Plant Expansion (CS370691-02) Ben- NPDES will incorporate the proposed expansion to 1.2 MGD in conjunction with the permit renewal (which expires 7/31/2012). We will need to obtain a copy of the approved Engineering Report, as we will need to summarize the flow justification and alternatives analysis for the NPDES permit Fact Sheet. The NPDES permit writer for this project is Gil Vinzani, and he can provide you with anticipated timeframes. Tom Belnick Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Walter Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 807-6390; fax (919) 807-6495 E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Ben Clawson jmailto:bclawson(amesco.coml Sent: Friday, June 01, 2 12 3:32 PM To: Belnick, Tom Subject: Fwd: Town of Newport Proposed Wastewater Treatment Plant Expansion (CS370691-02) Tom: Thanks again for speaking with me regarding Newport. I wanted to forward the last email we had gotten from Jennifer, and one of the attachments is about the Determination of Minor Construction Activity. Feel free to call or email when more is known about the next steps for permit modification to Newport's NPDES. Thanks in advance and Ben have a good weekend, Benjamin D. Clawson, P.E. Project Engineer Municipal Engineering Services Company P.A. P.O. Box 97 Garner, NC 27529 (919) 772-5393 Phone (919) 772-1176 Fax Original Message Subject:Town of Newport Proposed Wastewater Treatment Plant Expansion (CS370691-02) Date:Tue, 22 May 2012 13:37:33 +0000 From:Haynie, Jennifer <jennifer.haynie@ncdenr.gov> To:Mayor@TownofNewport.com <Mayor a TownofNewport.com>, bclawson@mesco.com 1 <bclawson@mesco.com> CC:Leggett, Jessica <jessica.leggett@ncdenr.gov>, Kubacki, Susan <susan.kubacki@ncdenr.gov>, Robertson, Seth <seth.robertson@ncdenr.gov> Dear Mayor Garner and Mr. Clawson, Please find attached a copy of the signed approval letter and Determination of Minor Construction Activity for the above -referenced project. A hard copy is following in the mail. This completes project review with the Facilities Evaluation Unit, and you may now submit plans and specifications to the Design Management Unit. For questions regarding plans and specifications and permitting, please contact Seth Robertson at 919.707.9175 (seth.robertson@ncdenr.gov). For questions regarding the financial aspects related to the project, please contact Mark Hubbard at 919.707.9162 (mark.hubbard@ncdenr.gov). Additionally, we are looking for feedback related to the FEU guidance so that we can continue to improve it. I have attached a survey that can be filled out electronically. I would appreciate it if you could fill it out and return it to me within a week so that we can determine where we need to improve upon it both from a consultant's point of view and the local government unit's point of view. Your input is appreciated. Thanks! Jennifer f3' care Section Jennifer M. Haynie, Supervisor Facilities Evaluation Unit Infrastructure Finance Section 1633 Mail Service Center Raleigh, NC 27699-1633 919.707.9173 (phone) 919.715.6229 (Fax) ,iennifer.haynie@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 11/1) f 14-e4 M/7, /20/r?_, Belnick, Tom From: Sent: To: Subject: Belnick, Tom Thursday, February 09, 2012 12:16 PM Scardina, Maureen; Hennessy, John; Vinzani, Gil; Grzyb, Julie Town of Newport WWTP expansion Here's what I know at this point about Town of Newport: • Julie reviewed a request for Major Mod/expansion in Feb 2011, but returned the package for re-evaluation. Julie is done for this project. • Newport is now' seeking funding through CG&L SRF program, so CG&L will now be solely responsible for review of flow just/alternatives analysis. If CG&L approves a 1.2 MGD expansion, that's what NPDES will need to incorporate into future permit mod. • Newport just submitted Engineering Report to CG&L for the expansion, but there will be back and forth over next few months since CG&L has many questions on the submittal. • Newport also recently submitted NPDES permit renewal application. The current permit expires 7/31/2012. 1 have made a no 1e on the application to sit on it, and we will try to incorporate renewal with expansion at the same time. This permit renewal is assigned to Gil Vinzani. • Expedited Unit is working on an SOC for this facility. See Gil if you have questions on NPDES permit. But I'm not sure if there is any cross -over in these activities. Note: CG&L is now the ifrastructure Finance Section, but I'm so used to CG&L. Tom Belnick Supervisor, Complex NPDES Permitting Unit NC DENR/Division of Waier Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 807-6390; fax (919) 807-6495 E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 1 -f erg{ndawyN-,l 4vCi f Determination of Minor Construction Activity North Carolina Division of Water Quality Infrastructure Finance Section Project Applicant: Date: Project Number: Estimated Project Cost: Estimated Funding Amount: $7,253,304 Town of Newport May 21,2012 CS370691-02 $8,202,370 �30SD3 Oetifea 0.75M60 W; Ro wilt k (WI) Project Description: The proposed project will expand and upgrade its existing wastewater treatment plant from the current permitted discharge of 0.75 million gallons per day (MGD) to 1.2 MGD. The expansion and upgrade will include the following components: (1) a new head works facility including a influent sampler, Parshall flume, main inflow channel with mechanical bar screen and grit removal system, and bypass channel with slide gates; (2) a 3 MGD influent pump station; (3) new dual oxidation ditches approximately 0.7232 million gallons in size; (4) two new clarifiers, each with a diameter of 70 feet and side water depth of 13.5 feet; (5) a new building for sludge drying and storage to house the existing belt press and new bio-stabilization unit with lime feed and storage area; (6) a new lab and administrative building; (7) dual tertiary disc filters; (8) a new chlorine contact facility with a new chlorine contact basin and new chlorine feed pumps, and a new de -chlorination facility; (9) a new gravity step aerator; and (10) a new 3 MGD effluent pumping station. The above named applicant intends to apply for assistance from the State Revolving Fund program to construct the wastewater facilities described above. The North Carolina Division of Water Quality (DWQ) has conducted a review of the project in accordance with the procedures (NCAC 15A Subchapter 1C) for conformance with the North Carolina Environmental Policy Act. The DWQ has determined that this project is below the minor construction activities threshold outlined in 1SA NCAC 01C .0408; therefore, the project is exempt from inter -agency review, and the preparation of additional environmental documents is not required. This determination shall become effective upon its distribution by DWQ and will be available on the DWQ Infrastructure Finance Section's website (http://portal.ncdenr.org/web/wq/ifs/er/fonsis). This determination can be revoked at any time adverse information is made available. The documentation to support this decision will be on file with the North Carolina Department of Environment and Natural Resources, Division of Water Quality, Infrastructure Finance Section, and is available for public scrutiny upon request. Comments concerning this decision may be addressed to Ms. Jennifer Haynie, Facilities Evaluation Unit, Infrastructure Finance Section, Division of Water Quality, 1633 Mail Service Center, Raleigh, North Carolina 27699, or she can be reached by phone at (919) 707-9173. Kim H. Colson, P.E., Chief Infrastructure Finance Section Division of Water Quality Al a NCDR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves endue Charles Wakild, P. E. Dee Freeman Govemor Director Secretary May 21,2012 The Honorabl Derryl Garner, Mayor Town of Ne ort Post Office Box 1869 Newport, North Carolina 28570 SUBJECT: Engineering Report Approval Town of Newport Proposed Wastewater Treatment Plant Expansion Project Engineering Report Project No.: CS370691-02 Dear Mayor Garner: The Infrastructure Finance Section of the Division of Water Quality has completed its review of the subject Town of Newport Proposed Wastewater Treatment Plant Expansion Engineering Report. The p posed project will expand and upgrade its existing wastewater treatment plant from the current permitted discharge of 0.75 million gallons per day (MGD) to 1.2 MGD. The expansion and upgrade will include the following components: (1) a new head works facility including a influent sampler, Parshall flume, main inflow channel with mechanical bar screen and grit removal system, and bypass channel with slide gates; (2) a 3 MGD influent pump station; (3) new dual oxidation ditches approximately 0.7232 million gallons in size; (4) two new clarifiers, each with a diameter of 70 feet and side water depth of 13.5 feet; (5) a new building for sludge drying and storage to house the existing belt press and new bio-stabilization unit with lime feed and storage area; (6) a new lab and administrative building; (7) dual tertiary disc filters; (8) a new chlorine contact facility with a new chlorine contact basin and new chlorine feed pumps, and a new de -chlorination facility; (9) a new gravity step aerator; and (10) a new 3 MGD effluent pumping station. The sul Engineering Ri ect Town of Newport Proposed Wastewater Treatment Plant Expansion port is hereby approved. In accordance with G.S. 120-157.1 through 157.9, enacted on June 24, 2011, local government }'ts with projects that require debt to be issued greater than $1,000,000 that must go before the Government Government Commission must submit a letter to Committee Chairs, Committee Assistant, and the Fiscal Research Division of the General Assembly at least 45 days prior to presentation before the Local Government Commission. You are responsible for Infrastructure Finance Section 1633 Mail Service Center; Raleigh, North Carolina 27699.1633 Location: 8" Floor Archdale Building, 512 N. Salisbury St Raleigh. North Carolina 27604 Phone: 919-707-91601 FAX: 919-715.6229 Internet www.ncwatgmuelitv,oR An Equal portunity 1 Aftinnative Action Employer NQ�tharol,ina Naturally The Honorable Derryl Garner, Mayor May 21, 2012 Page 2 of 2 submitting this letter. Additionally, a copy should be submitted to Mark Hubbard of the Project Management Branch upon receipt of this approval letter. Please note that the milestones below must be met to maintain assurance of funding under the Clean Water State Revolving Fund (CWSRF). In the event that any of these milestones are not met, you must reapply under the new, competitive priority system if you wish to seek CWSRF funding for this project. We will be accepting applications twice per year,. and projects will be funded based on priority and availability of funds. Plans and Specifications (P&S) must be submitted by: December 3, 2012 Permitting and P&S approval must be completed by: March 1, 2013 IFS's Authority to Award must be issued by: June 3, 2013 Construction contract(s) must be executed by: July 1, 2013 If you have any questions concerning this matter, please contact Jessica Leggett of our staff at (919) 707-9180. Kim H.. Colson, P.E., Chief' Infrastructure Finance Section jsl cc: Municipal Engineering Services Company, PA — Ben Clawson, P.E. DWQ Wilmington Regional Office Jennifer M. Haynie, FEU Supervisor Mark Hubbard, P.E., PMB Chief Jessica S. Leggett Susan Kubacki FEU/SRF Belnick, Tom From: Sent: To: Subject: • Attachments: Tom: Ben Clawson [bclawson@mesco.com] Friday, June 01, 2012 3:32 PM Belnick, Tom Fwd: Town of Newport Proposed Wastewater Treatment Plant Expansion (CS370691-02) 12.05.21 Newport Approval It SIGNED.PDF; 12.05.21 Newport DMCA SIGNED.PDF; ER-EID Survey Distributed.pdf Thanks again for speaking with me regarding Newport. I wanted to forward the last email we had gotten from Jennifer, and one of the attachments is about the Determination of Minor Construction Activity. Feel free to call or ema NPDES. 1 when more is known about the next steps for permit modification to Newport's Thanks in advance and have a good weekend, Ben Benjamin D. Clawson, Project Engineer Municipal Engineering P.O. Box 97 Garner, NC 27529 (919) 772-5393 Phone (919) 772-1176 Fax .E. Services Company P.A. Original Messae Subject:Town of Newport Proposed Wastewater Treatment Plant Expansion (CS370691-02) Date:Tue, 22 May 2012 13:37:33 +0000 From:Haynie, Jennifer <jennifer.haynie@ncdenr.gov> To:Mayor@TownofNewport.com <Mayor@TownofNewport.com>, bclawson@mesco.com <bclawson a nesco.com> CC:Leggett, Jessica <jessica.leggett@ncdenr.gov>, Kubacki, Susan <susan.kubacki@ncdenr.gov>, Robertson, Seth <seth.robertson@ncdenr.gov> Dear Mayor Garner and Mr. Clawson, Please find attached a copy of the signed approval letter and Determination of Minor Construction Activity for the above -referenced project. A hard copy is following in the mail. This completes project review with the Facilities Evaluation Unit, and you may now submit plans and specifications to the Design Management Unit. For questions regarding plans and specifications and permitting, please contact Seth Robertson at 919.707.9175 (seth.robertson@ ncdenrJgov). For questions regarding the financial aspects related to the project, please contact Mark Hubbard at 919.707.9162 (mark.hubbard@ncdenr.gov). Additionally, we are looking for feedback related to the FEU guidance so that we can continue to improve it. I have attached a survey that can be filled out electronically. I would appreciate it if you could fill it out and return it to me 1 within a week so that we can determine where we need to improve upon it both from a consultant's point of view and the local government unit's point of view. Your input is appreciated. Thanks! Jennifer ems' Finan Section Jennifer M. Haynie, Supervisor Facilities Evaluation Unit Infrastructure Finance Section 1633 Mail Service Center Raleigh, NC 27699-1633 919.707.9173 (phone) 919.715.6229 (Fax) jennifer.haynie@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Permit Facility Activity Assigned Received Description Completed Comments NC0021555 Town of Newport WWTP Spec. Jeffries 7/29/2005 request for speculative discharge limits 8/17/2005 NC0021555 Town of Newport WWTP Spec. Rodriguez 7/29/2005 request for speculative discharge limits 8/25/2006 NC0021555 Newport WWTP Spec Limits Nowell 10/20/2010 Request Spec Limits 1/7/2011 NC0021555 Newport WWTP EA Scoping Grzyb 3/23/2010 Request EA scoping for proposed expansion up to 1.5 MGD 4/14/2011 Town to submit final EAA for approval with permit modification request Major Mod Retumed Mod and EAA on 6/10/2011. Final flow NC0021555 Newport WWTP Grzyb 2/1/2011 Request for expansion 6/10/2011 and treatment alternatives being re-evaluated by the town NC0021555 Newport WWTP EA Scoping Grzyb 8/25/2011 Request for scoping 8/31/2011 Comments sent to Hannah Stallings in Planning Permit Facility Activity Assigned Received Description Completed Comments NC0021555 NC0021555 NC0021555 NC0021555 Town of Newport WWTP Town of Newport WWTP Newport WWTP NC0021555 Newport WWTP Newport WWTP NC0021555 Newport WWTP Spec. Jeffries 7/29/2005 Spec. Rodriguez _7/29/2005 Spec Limits Nowell 10/20/2010 EA Scoping Grzyb 3/23/2010 Major Mod Grzyb 2/1/2011 request for speculative discharge limits request for speculative discharge limits_ Request Spec Limits Request EA scoping for proposed expansion up to 1.5 MGD EA Scoping Grzyb 8/25/2011 ivaviissS - Mwv0-4 I Mie exfiro 7/3►/zo►t 0305%3_ oik oak > &plea- a J.1 ywd` �° � 1f - re stAw., fcQfie ----00461/-30Catiliv1410-‘. Request for expansion Request for scoping 8/17/2005 8/25/2006 1/7/2011 Town to submit final EAA for approval with permit 4/14/2011 modification request Returned-Modand_ AA_on 6/10/2011 Final flow and treatment alternatives being re-evaluated by 6/10/2011 the town 8/31/2011 Comments sent to Hannah Stallings in Planning P 0E) e 4-l\e License No. C-0281 CIVIL/SANITARY/ENVIRONMENTAL ENGINEERS SITE PLANNING/SUBDIVISIONS January 26, 2012 NCDENR - DWQ NPDES unit 1617 Mail Service Center Raleigh, NC 27699-1617 Reference: SOLID WASTE MANAGEMENT Engineering Company, P.A. SUBSURFACE UTILITY ENGINEERING (SUE) N— z/9Lw iZ - N See •ni) 4JIpc iems�`/. Le�rJ I/1 0 n r vi v4/ynvrt C-rivy rV1 Joe M1 rev , 4-, rvt do ail 4-1 sa e /7*w )1141441/11& Town of Newport Wastewater Treatment Plant (WWTP) NPDES Form 2A Application Dear Sir / Madam: On behalf of the Town of Newport we are submitting a renewal for their existing NPDES permit Form 2A along with supporting documentation. The Town of Newport requests the pending renewal be kept "open" until a forthcoming permit modification request is submitted around July of 2012. If you have any questions or need any additional information, please do not hesitate to call me at (919) 772-5393. If needed we will gladly meet to discuss this renewal as well as the forthcoming permit modification request. / Sincerely, Ben Clawson, PE Municipal Engineering Services Co. CC: Clay Dulaney - Newport Utility Director Dean Hunkele - DWQ - Wilmington Regional Office Richard Casey - Newport Town Manager File m CD PO Box 97, Garner, North Carolina 27529 (919) 772-5393 PO Box 349, Boone, NC 28607 (828) 262-1767 Notice..of Finc4iq pf No Sigpi'ti cant ir►i0.006- The USDA Rural Development- Rural Utilities Service has received an application for financial assistance from the TOWN OF NEWPORT. The proposed protect consists of the expansion of Newport's wastewater treatment plant located on Kirby Lane to its already permitted capacity by adding a new 24 inch discharge pipe, adding a third clarifier, and adding a spare brush rotor motor for the oxidation ditch. Also included is the construction of one new well at the corner of Foxhall Street in the $andridge subdivision and raw waterline from there to the town's water treatment plant on West Railroad Boulevard to replace a failed existing well. As required by the National Environmental Policy Act, the Rural Utilities Service has assessed the potential environmental effects of the proposed project and has determined that the proposal will not have a significant effect on the human environment and for which an Environment Impact Statement will not be prepared. The basis of this determination is a thorough review and analysis of the environmental information reported in the environmental assessment including public and regulatory agencies' comments regarding the proposed project. In order to avoid or minimize any adverse environmental Impacts, the Rural Utilities Service will require the applicant to incorporate the mitigation measures as described in detail in Section 4.0 of the report and by incorporating beat management construction practices Into the project plans and specifications. Copies of the Environmental Assessment can be reviewed or obtained at USDA, Rural Development, 2044-C Hwy. 11/55 South, Kinston, NC 28501 (Telephone: 252-526-9799 Ext. 5). For further information please contact Edwin W. Causey et (252) 526-9799 Ext. 5. "USDA is an equal opportunity provider, employer and lender." Complaints of discrimination should be sent to: USDA. Director, Office of CIvi RIght4r,140¢ ' Independence Avenue, S. W., Washington, D. C. 20250-9410, or call (Qod) 795-3272 (voice), or (202) 270-6382 (TDD) A general location map of the proposal is shown below. Newport, NC and Site Locations Y�1.�IWF r t Potential Well Site Una •1;Wt1 Get 2 Inst No foams. No 'TO KN These offers are good while suppli be activated when purchased. A d require a two-year agreement. Pa minutes. You may incur a $35 on signing up, a $10 one-time nonrel xno E MoR1iaan NEW! 5209-E Highway 70 West__......._..._: 4ALKSON9f1E 466 Western Blvd_ ........_............... (fY1t NcowisSS Zol Z PER TOWN OF NEWPORT, NC I ENGINEERING/ENVIRONMENTAL REPORT 1.0 — EXECUTIVE SUMMARY The Town of Newport is located in the western part of Carteret County and within the eastern coastal plain area of the State of North Carolina (see Figure 1). Newport lies along Highway US 70 approximately 25 miles southeast of New Bern, NC and about seven miles northwest of Morehead City (see Figure 1). The Town was incorporated in January of 1866 and has grown at a moderate pace over its history. Many of the Town's residents have ties to the nearby Cherry Point Marine Air Base located in Havelock, approximately 10 miles west of Newport. The Town of Newport is proposing to expand and upgrade its existing wastewater treatment plant from its current permitted discharge of 0.75 million gallons per day (MGD) to 1.2 MGD by installing two new oxidation ditches along with new influent works, new clarifiers, new filters, a new sludge handling / storage system, and a new effluent pumping station. The expansion will be constructed on land adjacent to the northwest side of the existing plant and within the plant's existing footprint. Newport's wastewater plant is located at the end of Kirby Lane in the east -central part of the Town (see Figure 2). Newport has operated a wastewater treatment plant at this location since the mid-1960s. As further discussed in Section 3.0, the wastewater plant is presently permitted at 0.75 million gallons per day (MGD). Most of the plant is approaching 25 years in age, and the Town is now experiencing flows that equal or exceed 80°/0 of their rated capacity on a monthly basis. In order for the Town to provide adequate sewage treatment that will meet the expected demands over the next 20 years, they must secure additional permitted capacity. In addition to the need for more capacity, the Town has also experienced some significant violations of their NPDES permit within the past three years, resulting in several fines being levied by the Division of Water Quality. A Special Order by Consent (SOC) agreement between the Town of Newport and the North Carolina Environmental Management Commission signed by Newport on August 23, 2010 binds the Town to expand their wastewater plant and to upgrade certain components of the treatment process within 730 days of receiving an Authorization to Construct the expansion. Compliance with the requirements as set forth in the SOC will relieve the Town from most of the fines levied to date. 1lunicipal Engineering Services Company, PA TOWN OF NEWPORT, NC I ENGINEERING/ENVIRONMENTAL REPORT During the construction phase, the proposed project will have minimal environmental impacts, including minimal secondary and cumulative impacts. Parts of the existing plant are located within the 100-year floodplain and a portion of the proposed plant expansion will likewise be in the floodplain. There is no practical way to avoid this occurrence; however, as a mitigation measure and to comply with North Carolina Department of Environment and Natural Resources, Division of Water Quality (NCDENR-DWQ) regulations, all components of the expanded plant will be protected from flooding for up to 2' above the 100-year flood level. Several different alternatives were considered as possible solutions to meet the Town of Newport's long term needs for handling wastewater. These alternatives include taking no - action, optimizing the operations of existing facilities, land application, using decentralized systems, regionalization, expansion of Newport WWTP utilizing Sequencing Batch Reactor (SBR) technology, expansion of Newport WWTP utilizing Membrane Biological Reactor (MBR) technology, and expansion of Newport WWTP utilizing Oxidation Ditch technology. The no -action alternative was rejected in favor of the preferred alternative because of its higher environmental impact. Also, this alternative does not achieve the long term goals for the Town of Newport nor does it address the action items in the current SOC. The optimum operation of existing facilities alternative was rejected due to its increased risk of environmental impact from the poor grit removal at the current facility and because a great deal of optimization has already occurred at the Newport plant. Further improvements can only come through new structures and equipment. A decentralized wastewater treatment system would have a greater environmental impact than the preferred alternative and would have major logistical problems due to Newport's existing collection system and hence was rejected. A regionalization type solution was rejected due to issues with inter -basin transfer and the lengthy force main that would need to be constructed. Also, no local WWTP has capacity to handle current flows from the Town of Newport. The SBR alternative would incorporate a different biological treatment and settling method as compared to the preferred alternative but all other aspects would be the same. This alternative is a feasible solution for the expansion of the Newport WWTP. Capital and operational costs for the SBR are greater than the preferred alternate so it was rejected. The MBR alternative would use much more energy and replacement resources than the preferred alternative, and because of this would have a greater environmental impact. Capital Municipal Engineering Services Company, PA TOWN OF NEWPORT, NC I ENGINEERING/ENVIRONMENTAL REPORT and operational costs for the MBR system would be much greater than the preferred alternative and because of this was rejected. The preferred alternative was to expand the Newport WWTP using an oxidation ditch technology. This alternative best fits the purpose and need for this project. The proposed facility will be constructed within the existing site of the WWTP as well as adjacent land to the northwest of the plant. The new treatment system will consist of two new oxidation ditches with two clarifiers, new filters, new influent and effluent pump station, new headworks, and a new sludge handling facility. This alternative was accepted because it had the lowest capital and operational costs of the feasible alternatives and its environmental impact was equal or less than all the alternatives considered. In addition the familiarity of this process with the existing Newport staff was a key factor in the acceptance of this alternative. Also, its cohesion with potential future needs of biological nutrient removal factor was more attractive than the other feasible alternatives. The proposed project will have only a few minor adverse impacts but will have some significant benefits to environmental resources of the project area. During construction there will be an increased potential for soil erosion and sedimentation associated with the land disturbing activities, which if uncontrolled could lead to adverse impacts to fish and wildlife resources, to shellfish, and to wetland areas. These impacts will be avoided or minimized by the development and implementation of a comprehensive sediment and erosion control plan, most of which will be in place prior to the start of land disturbing activities. Potential noise impacts and potential toxic substance impacts associated with construction equipment will be mitigated by a strict requirement for all equipment to have properly functioning mufflers, by limiting work on the site to normal daytime working hours, by requiring the contractor to have proper containment measures for any fuel, lubricants, etc. stored on site, and by requiring the contractor to have a designated area for fueling and servicing of equipment. A portion of the project area is within the 100-year floodplain of the Newport River, however, there is no involvement or conflict with the floodway. Several of the new structures will be within the floodplain and will be flood -proofed to at least 2' above the 100-year flood level. Newport already has ordinances in place that protect floodplains and wetlands from potentially damaging development, therefore any potential secondary and cumulative impacts of the project are already controlled. Municipal Engineering Services Company, PA TOWN OF NEWPORT, NC I ENGINEERING/ENVIRONMENTAL REPORT With implementation of the project the quality of effluent and the management of sludge produced from the wastewater plant should be improved. The expanded plant should provide Newport with many years of reliable and environmentally responsive wastewater treatment. This should result in long term benefits to area wildlife, fish and wildlife resources, and to shellfish and marine resources. The work involved with the expansion will be done on the existing plant footprint and on adjacent land immediately to the northwest of the plant. The new land that will be utilized is presently cleared and does not include any wetlands or any other important resources. Some cut and fill will occur as part of the construction of the expansion, but there will be little if any overall change in the current topography of the site. Sediment and erosion control measures will be incorporated into the plans and specifications and an erosion control permit will be acquired before construction of the project. The probable cost of the preferred alternate is $8,053,304 and funding will be provided by a State Revolving Fund loan to be administered by the NC Division of Water Quality Along with local funds provided by the Town of Newport. The Town of Newport present rate schedule results in the average residential customer paying a monthly sewer bill of approximately $38.86 based on 5,000 gallons. If this project is implemented, the average residential bill will likely rise to $58.16 in order to generate funds to support the debt service and the operation and maintenance of the expanded plant. 2.0 PROPOSED PROJECT DESCRIPTION After completion of studies on present and future needs as further detailed in Sections 3.0 and 4.0 of this report, Newport has determined they need to expand their wastewater plant to a capacity of 1.2 million gallons per day (MGD). The following table provides a project description for the Newport WWTP expansion. Municipal Engineering Services Company, PA TOWN OF NEWPORT, NCI ENGINEERING/ENVIRONMENTAL REPORT Table 2.1 Project Description Town of Newport WWTP Expansion Town of Newport OVC�U ZIS55 The Town of Newport has made a determination to expand their wastewater plant to a capacity of 1.2 million gallons per day (MGD). In addition, upgrades and improvements to the plant's operation and efficiency are needed and these will be met by adding additional control / monitoring systems, by redirecting flows in some locations, and by replacement of some of the existing equipment. The expansion will be done by utilizing several components of the existing plant, by constructing new structures on land immediately adjacent to the west side of the existing plant, and by modifying other existing structures including piping and other components of the plant for alternative uses or alternate modes of operation. Newport's existing wastewater plant is now located on a very compact site and there is little room to maneuver vehicles and equipment around the plant for operation and maintenance purposes. Figure 2 in part denotes the major structures in the current wastewater plant and the proposed structures that will make up the expanded WWTP. Parts of the treatment plant site are within the 100-year floodplain and flooding of sections of the wastewater plant has occurred at times. Over the past few years the Town had resigned itself to having to expand the facility within the existing footprint of the plant, given what they thought was very little possibility of obtaining any additional land adjacent to or near the wastewater plant. However, in the spring of 2011 a 45-acre tract of land immediately adjacent to the northwest of the plant became available to the Town for purchase. This parcel was owned by a developer, but due to the economic slowdown, the developer opted not to proceed with attempts to construct a proposed subdivision on this property. After a series of negotiations, the developer and the Town reached agreement on a sales arrangement. Newport has now obtained the title to the 45-acre tract and desires to use part of it for the wastewater plant expansion. The proposed expansion and upgrade of the plant will disturb approximately 4.25 acres within the new 45 acre tract and includes the following treatment processes: • A new head works facility consisting of an influent sampler, a Parshall flume to measure incoming flow, a main inflow channel with a mechanical bar screen and a grit removal system, and a bypass channel with slide gates to direct flow as needed. • A 3 MGD (peak) influent pump station with variable frequency drives to lift wastewater up to the splitter box for the new oxidation ditches. • New dual oxidation ditches approximately 0.7232 MG in size with dual 75 HP surface aerators on variable frequency drives and dual 15 HP propeller mixers. The aerators and mixers will be controlled by a programmable logic controller (PLC) and dissolved oxygen probe. The PLC will continuously monitor the dissolved oxygen in each ditch and adjust the speed of the surface aerators to maintain optimal dissolved oxygen level while also conserving energy. Each ditch will have a vertical nitrate recycle gate which allows a nitrate recycle to the first stage anoxic basins at the end. • Two new clarifiers, each having a diameter of 70-feet and a side water depth of 13.5 feet. Equipment within the clarifiers will include a main drive unit, effluent baffles and weirs, a sludge scrapper, scum rake and beech, scum pumps, and telescopic valves connected to the sludge take -off to visually control the return sludge rate and provide a visual observation of the return sludge. • A new building for sludge drying and storage. The new building will house the existing belt press and a new bio-stabilization unit with lime feed. This unit will provide Newport the capability of producing "class A" biosolids. The building will also contain an area for the storage of the "class A" biosolids. • The existing digester and two existing clarifiers (modified) will be used to hold the waste activated sludge prior to conveyance to the bio-stabilization process. The existing return activated sludge pump 6 Final: Municipal Engineering Services Company, PA TOWN OF NEWPORT, NC I ENGINEERING/ENVIRONMENTAL REPORT Table 2.1 Project Description Town of Newport WWTP Expansion Town of Newport station will be used to convey sludge to the existing digester. • A new lab and administrative building. The lab will be approximately 900 square -feet in size and the remainder of the building will be occupied by offices, a meeting room, restrooms, and storage rooms. The slated ceiling height for this building will be 8' with a 16' peak. Preliminary layout has 8 parking spaces within the parking lot. • Dual tertiary disc filters. The new disc filters will accept flow from the two new 70' diameter clarifiers, where the filtered effluent will be conveyed through a new gravity main to a new chlorine contact basin. Filter backwash will be conveyed to the waste sludge holding tanks. • A new chlorine contact facility including a new chlorine contact basin that will utilize new chlorine feed pumps. These pumps will be located in a new fiberglass building. A new de -chlorination feed facility will be installed adjacent to the new chlorine feed equipment in a separate fiberglass building. • Post aeration will be provided via a new gravity step aerator. Effluent will be conveyed through a gravity main and effluent Parshall flume to the new effluent pumping station. • A new effluent 3- MGD (peak) pump station. This station will pump treated effluent through the existing 12" outfall to the existing discharge point in the Newport River. The flow will utilize the existing 12-inch gravity effluent outfall to the Newport River, and will be conveyed via gravity until the flow reaches the point of capacity of the line. At this point it will become an effluent force main. Figure 1 denotes a large scale proximity map for the location of the existing and proposed WWTP. Figure 2 shows the proposed layout of the expanded wastewater plant on a photographic base. The proposed project calls for the demolition of the existing oxidation ditch. Given its size and location it does not lend itself for re -use as part of the expanded plant. The existing clarifiers and the existing sludge digester will be converted to use as sludge storage facilities. The existing belt press system will be relocated into the new sludge stabilization building. Treated effluent is presently discharged to the river via the Town's 12- inch ductile iron outfall line. This line was installed with a 0.44% slope and operates on gravity flow. The 12-inch gravity line at its present slope will not have capacity to carry the flow from the expanded plant. Therefore, the previously mentioned effluent pump station will be added that will pump effluent at times when the flow rate exceeds the outfall pipe's gravity flow capacity. Figure 2 also shows the approximate location of the new structures to be constructed. As noted previously, the Town has recently acquired a 45-acre tract of land on the northwest side of the existing plant. They will utilize approximately 4.25 acres of this land for expansion of the wastewater plant. The remainder of the work will be done on the existing plant site. The Town has received speculative limits for a 1.2 MGD plant which are listed in Appendix-6. The proposed components of the plant expansion as described above will meet the speculative limits as previously assigned by DWQ. Figure 3 is a flow schematic for the expanded plant. The expanded plant as proposed will provide tertiary treatment for up to 1.2 million gallons per day of wastewater treatment. Speculative Limits for the planned expansion are detailed in Appendix-6. Municipal Engineering Services Company, PA i CIVIL/SANITARY/ENVIRONMENTAL ENGINEERS(... ---- SITE PLANNING/SUBDIVISIONS June 7, 2012 Mr. Tom Belnick, Supervisor NCDENR-NPDES Unit 512 N. Salisbury Street 9th Floor - Archdale Bldg. Raleigh, NC 27604 Reference: Town of License No. C-0281 SOLID WASTE MANAGEMENT Engineering Company, P.A. SUBSURFACE UTILITY ENGINEERING (SUE) N— ' � � '2�jan 6. wport WWTP Expansion Project — PER/Environmental Info ation Document Dear Mr : elnick: P your request and on behalf of the Town of Newport I am attaching a copy of the recently approved Engineering Report / Environmental Information document for the above mentioned project. If you have any further questions regarding this report please do not hesitate to contact me at (919) 772-5393 or via e-mail at bclawson@mesco.com Thank you again for your assistance. Sincerely, Ben Clawson, PE Municipal Engineering Services Co., PA -0E@MOWE[i JUN I '<' M12 PO Box 97, Garner, North Carolina 27529 (919) 772-5393 PO Box 349, Boone, NC 28607 (828) 262-1767 PRELIMINARY ENGINEERING REPORT / ENVIRONMENTAL INFORMATION DOCUMENT TOWN OF NEWPORT PROPOSED WASTEWATER TREATMENT PLANT EXPANSION PROJECT Prepared for: NC Department of Environment and Natural Resources Division of Water Quality Construction Grants and Loans Section Prepared by: Q SEAL r • 0,3 710 Municipal Services Garner, N.C. Boone, N.C. PO Box 97, Garner, NC 27529 Phone: 919-772-5393 • Fax: 919-772-1176 Corporate License No.: C-0281 Grzyb, Julie From: Sent: To: Cc: Subject: Hannah, Grzyb, Julie Wednesday, August 31, 2011 5:19 PM Stallings, Hannah Belnick, Tom Newport EA scoping Comments 2 through 5 made on April 15, 2010 regarding the original EA scoping still apply. Only the first two pages of this submittal recognize the reduction in flow from 1.5 to 1.2 MGD, the additional land to be used, and the possible use of an oxidation ditch. Any request for expansion will still be subject to an Engineering Alternatives Analysis review, which requires flow justification and an analysis of disposal alternatives. Please let me know if you have any questions, Julie PS. Not sure if it matters but you should know that Newport has an SOC which I think is being revised - Maureen is working on it. Julie A. Grzyb, Environ ental Engineer NC DENR / Division of ater Quality / Surface Water Protection Section NPDES Complex Perm ing, Point Source Branch 1617 Mail Service Cent , Raleigh, NC 27699-1617 919/807-6389 (wk); 919/807-6495 (fax) **Please note, my em it address has changed to julie.RrzvbQi ncdenr.Rov E-mail correspondence t a and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties 1 Beverly Eaves Perdue Govern )r MEMORANDUM TO: THRU: FROM: SUBJECT: ATA NCDENR North Carolina Department of Environment and Natural Resounds Division of Water Quality Dee Freeman Coleen H. Sullins ! Director Secretary April 15, 2010 Melba McGee Department of Environment and al Resources Dianne Reid, Supervisor Basinwide Planning Unit and SEPA Program Hann�h Stallings, SEPA Coordinator .aU Basinwide Planning Unit and SEPA Program Carteret County Scoping: Proposed Expansion of Newport's WWTP to 1.5 MGD DWQ#14280; DENR#10-0347 The Division of Water _Quality (DWQ) has reviewed the subject document. DWQ data *ow that this WWTP had violations almost every month in 2009 for either fecal coliform, flow, DO, residual chlorine and pH. An ambient station just downstream from the discharge is on the border of being impaired for fecal coliform , and the river is impaired about 7 miles downstream of the plant. Therefore, DWQ feels that this plant should not be allow4d an increase in discharge unless the expansion includes new equipment that would enable them to meet water qna Ay standards and decrease the fecal coliform loading. How Newport plans to meet standards and decrease loading mustibe explicitly addressed in the environmental document. The following specific comments that should be addressed in the environmental document prepared for this project: 1. Page two of the document states that "The discharge point for the new outfall line win continue to be in the Newport River and will be within a few feet of the existing outfall line which may or may no continue to be used." Please cla_tify if the existing discharge will remain in use. Fo an expansion of an existing facility the EA will need to cover all the requiremer,t4 specified in an Engineering Ali ernatives An lysis (EAA), which requires a 20-year forecast of predicted flows t o! determine the actual flow expansion amount that can be justified and an assessment of possible disposal alternatives for the proposed additional generated effluent. As part of the EAA, the projected flows should demonstrate non -;excessive infiltration and inflow. EA.A guidance is located on the DWQ website at http://portal.ncdenr.org/web/wghwp/ps/npdes/appforms. Please note that upon approval of the EA, a NPDES permit modification can be req iested for the justified flow vo .ume and limitations will be established based on that discharge amount. The EA must demonstrate that the facility has adequate land for the increased residuals resulting from the expanded flew and treatment. 617 Mail Service Center, Raleigh, North Carorrna 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 htemet wm.ncwatenluatity.org An Equal opportunity % Affirmative Action Employer No°�thCarolina aurally 0..Tpon approval of the EA, the applicant will than need to submit a major modificatio with a fee, to acquire a revised NPDES permit recognizing the increased flow. This website: http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. 65)Whie the Newport River is classified as C waters at the Town of Newport WWTP's approximately 7 miles downstream the river changes to SA HQW waters. As a resul permit to DEH-Shellfish Sanitation for its review and concurrence before the dischar of Newport. Please contact me at 8 7-6434 if I can be of any additional help. Thank you. Ecc: Rick Shiver — iRO application, (EPA Form 2A) trn is also located at the DWQ scharge location, pWQ will submit the modified e permit is issued to the Town