NC0050342_correspondence_19901006

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett, Ph. D.
William W. Cobey, Jr., Secretary Director
Mr. P. W. Swann
PO Box 2511
Winston Salem, NC 27102
O C T 0 8 1990
October 6, 1990
r
Subject'' NPDES Permit Modification
NPDES Permit No. NC0050342
Muddy Creek WWTP
Forsyth County
TECH _ StFlefT ,ANCH
Dear Mr. Swann:
On June 8, 1990, the Division of Environmental Management issued NPDES Permit No.
NC0050342 to Winston-Salem Forsyth County Utility Commission. A review of the permit file
has indicated that an error was inadvertently made in the permit. Accordingly, we are
forwarding herewith modifications to the subject permit to correct the error. These permit
modifications are issued to make a change in Part II (C)(5)(b) from paragraph 3 to paragraph
c.
Please find enclosed an amended Part II conditions page 9 of 14 which should be inserted into
your permit. The old Part II conditions page 9 of 14 should be discarded. All other terms and
conditions contained in the original permit remain unchanged and in full effect. These permit
modifications are issued pursuant to the requirements of North Carolina General Statutes
143-215.1 and the Memorandum of Agreement between North Carolina and the U. S.
Environmental Protection Agency.
if any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to an adjudicatory hearing upon written request
within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina
27604. Unless such demand is made, this decision shall be final and binding.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

If you have any questions concerning these permit modifications, please contact Mr. Mack
Wiggins at telephone number 919/733-5083.
Sincerely yours,
.„.262
George T. Ever
cc. Mr. Jim Patrick, EPA
Winston Salem Regional office
Central Files
Technical Support Branch

Part II
Page 9 of 14
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
backup equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(c) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering
its adverse affects, if the Permit Issuing Authority determines that it will meet the
three conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
b. Affect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph c. of this condition are met. No determination made during
administrative review of claims that noncompliance was caused by upset, and before an
action for noncompliance, is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that
(a) An upset occurred and that the permittee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part II, B. 2. of
this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.