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NC0027057_Complete File - Historical_20171231
STAFF REPORT AND RECOMMENDATIONS PART I - INSPECTION OF EXISTING WASTEWATER TREATMENT PLANT SITE 1. a. Place Visited: Mid -State Oil Company b. Mailing Address: Post Office Box 849 Lexington, N. C. 27292 Catawba County 2. Date of Investigation: January 26, 1983 Date of Report: January 31, 1983 3. By: Larry D. Coble" 4. a. Persons Contacted: No One b. Phone No.: (704) 249-0363 5. Directions to Site: From Hickory travel north on Highway 321; turn right on 2nd Avenue, N.W.; go 1 block and turn left on 15th Street, N.W. The site is located at the end of this Street adjacent to the stream. 6. a. The coordinates to he proposed/existing p8int of effluent discharge are: Latitude: 35 44'28" Longitude: 81 21'56" b. USGS Quad No.: E 13 NE (see attached map) 7. Size (land available for expansion and upgrading): There is ample area available. 8. Topography: Rolling with slopes of 3-15%. 9. Location of Nearest Dwelling: There are several dwellings within 500 feet of the site. 10. Receiving Stream: Fry Creek a. Classification: C b. Minimum 7-Day, 10-Year Discharge at Site: 0.1 cfs c. River Basin and Sub -Basin No.: Catawba 03-08-35 PART II - DESCRIPTION OF PROPOSED TREATMENT FACILITIES 1. Existing Facilities: The applicant has no wastewater treatment facilities. The discharge consists of rainfall runoff from the loading area. 2. Proposed Modifications: In 1975 this facility applied for a permit under the name of Blackwelder 0i1 Company. A permit was drafted for the discharge and construction of an oil/water separator. For some reason this permit was never issued and the oil/water separator was never constructed. PART III - EVALUATION AND RECOMMENDATIONS 1. Performance Evaluation: There is no self-moni.toring.data available on this facility, because the NPDES Permit drafted in 19.75 was never issued. 2. 0 & M Evaluation: N/A. 3. Recommendations and/or Special Conditions: It is recommended that the permit be issued as requested. This Permit should include provisions for -2- construction of an oil/water separator. Since this facility will not be able to comply with effluent limitations a SOC will be drafted after the permit is issued. DIVI ,1ON OF North Carolina Department of Natural Resources &Community Development James 8, Hunt, Jr., Governor /Joseph W. Grimsley, Secretary MIIRONMINFAL MANAGEMENT t � ..:fancrar°, 1.983 Mr. Dick King, Operations Manager Mid -State Oil Company Lexington,,_..__. Mr. King SUBJECT Appl icat No. VC() C a t'.11w a Receiptoaf the following documents Application Form Engineering Pror.. x Request for perri. Other 27057 is hereby acknowledged: 1 (for proposed control facilities) renewal If any. of the items 1 mplete and the i.ndic.t Application. Form (cop Engineering Proposal Other d ittetn(s) must be received before enclosed) e (b) 1-5 on attach If the application 1 not. n .de col returned to you and ma fro r sul` This app iicnation has been ass. (pl /" 33- 1. i) of our Permits Unit fo snit. Once t:iae permit is drafted, pub days prior, to final action on the trill be advised of any comments, recoil (1. tion necessary- for the review of the appli I arcs, by copy of this letter, visor prepare a staff report and rec. if you have any questions regarding person listed above. hin thirty comp ete . D ed below are checked, the application received is "iew can he3 in: , d to Mr. David Adkins evi w and preparation. n. Q a di7517 tice must. be issued for forty lance or denial of the permf.t. You ations, questions or other informa.- :ation. tine; that our Regional. office Suaaer ndations regarding this discharge. application, please contact the review `iGN D 7i DAVJD T. ADKNS i.L1 ias°� C. Mills., its and Engineering 1820 South Main Street P. Q. Box 849 Lexington, N. C. 27292 Phone: (704) 249-0363 Mr. Robert Helms, Director N.C. Division of P.O. Box 27687 Raleigh, N.C. 27611- January 20, nmental Management Dear Mr. Helms Per your attached letter we are requesting a permit renewal. for waste water discharge, reference !INC 0027057, Catawba County. We appreciate you bringing this matter to our attention. Yours truly, STATE ?IL COMPANY ILK/if Attachment Distributor Dick L 1 Diner Lions Manager WATER UALUTY OPERATIW NS BRANCH Products K North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT January 10, 1983 Mr. George Blackwelder Blackwelder Oil Company P. O. Box 2067 Hickory, North Carolina 28601 SUBJECT: Expired NPDES Permit No. NC0027057 Catawba County Dear Mr. Blackwelder: A review of our files indicates that the subject permit for wastewater discharge to surface waters has expired. General Statutes 143-215.1(c) requires that an application for renewal must be filed 180 days prior to the permit expiration date. We have not received an application for permit renewal from you as of this date. If there is no change proposed for the discharge, the application for permit renewal need to only consist of a letter requesting permit renewal. Proposed changes in the discharge require the submission of a new application form requesting renewal. Application for renewal should be submitted to: Mr. Robert Helms, Director N.C. Division of Environmental Management P.O. Box 27687 Raleigh, North Carolina 27611-7687 If you have any questions regarding this matter, please contact Mr. Bill Mills, Head of Permits and Engineering Unit, [dater Quality Section, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina, 27611-7687, (919) 733-5181. Sincerely yours, /711/06d1 fr Robert F. Helms Director cc: Mr. Bill Mills Mooresville Regional Manager P. 0. Sox 27687 Raleigh,'':. C. 27511-7687 An Equal Opportunity Affirmative Action Employer Permit No. NC STATE OF NORTH CAROtINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT P E R N I T To Discharge Wastewater Under The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, Plackweller Oil Company is hereby authorized to discharge wastewater from a facility located to receiving waters on Niq'lway rl in Hickory Catawba County FryCreek in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permitshall become effective This permit and the authorization to discharge shall expire at midnight on Signed this the day of ENVIRONMENTAL MANAGEMENT COMMISSION Lewis R. Martin, Director Division of Environmental Management By Authority of the Secretary of the Department of Natural and Economic Resources M1 &Il I Page" " of Permit No. NC SUPPLEMENT TO PERMIT COVER SHEET Blackwelder Oil Company is hereby authorized to: 1. Enter into a contract for construction'of an oil and water separator and related fixtures, 2. Continue to discharge wastewater from the facility located at Blackwelder Oil Campany:on Highway 321 in Hickory subject to Part III, Condition No. C, of this Permit, and 3. Dischrrge from said treatment works into Fry Creek in the Catawba°River Basin which is classified Class "C". A. M. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the Permit and lasting until June 30, 1977 permittee is authorized to discharge from outfall(s) serial number(s).001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Oil and Grease TSS kg/day (lbs/day) Daily Avg. Daily Max. `Monitoring Requirements Other Units (Specify) Measurement _Sample Sample Daily Avg. - Daily Max. Frequency Type, Location 30 mg/I 45 mg/1 Quarterly Grab Effluent 60 mg/1 90 mg/1 Quarterly Grab Effluent *Monitoring is required only during periods of discharge The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored • There shall be no discharge of floating solids or visible foam in other than trace amounts. -D-0-0 c' -1 CO -1 3mc+ 0 0 . —h A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS. During the period beginning July 1, 1977 and lasting until expiration, permittee is authorized to discharge from outfall(s) serial number(s).O01. _Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Oil and Grease TSS Discharge Limitations `Monitoring Requirements kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample Daily Avg. Daily Max. Daily Avg. - Daily Max. Frequency Type Location 10 mg/1 30 mg/1 15 mg/1 45 mg/1 *Monitoring is required only during periods of discharge Quarterly Quarterly Grab Effluent Grab Effluent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Page of Permit No. NC SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: (a) Submitted final plans on or before July 1, 1976. (b) Begin construction on or before September 1, 1976. (c) Complete construction on or before May 1, 1977. (d) Attain operational level on or before July 1, 1977. 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M 4 & I 4 I PART III Page of Permit No. NC B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. Receipt of the permit constitutes notice of such action. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimi- nation System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. M 15 & I 12 SPEC X P1 ece 4. Peso Size: ToPott Locatitm OFPROPOSE .. T T O11 C say er 10 1975 p . Coble cat : Mr. GeGeorge Pl ac kwrel to Site: ,. 15th St. 321 going toward k turn left on 16th adjacent to Fry Cr k, T1ONS P " SIT by telephone and Distance to the Proposed Point of Effl o the western side of the site. is ample a 3-15 rcn ckory tu ' site if to available fora wastewater treatment plant. lope. g: Se r Fry Creek. gay, 10-Year For fishing, or as a source of 0 Site: 0.1 cfs of site. nd any other usage except for ly for drinking or food processing ny type of west a t ng to install an oil a 60 leg/1 the following Met (a) Submit final plans on or before July 1. 1976. (b) Begin construction on or before September 1, 1976. (c) w Compl ete construction on or before May 1, 1977. (d) Attain operational level on or before July 1, 1977. 'In order to comply with the following final effluent limitations which our Technical -Services Branch has determined will protect water quality in the receiving stream: 'Parameter Limitations Oil and Grease 10 mg/1 ' TSS 30 mg/1 A0'unrve1 No 15A-Jt00% UTrNT DISCHARGE ELIMINATION SYSTEM MIT TO DISCHARGE - SHORT FORM G y by service", wholesale end retail try, etial ritablishu►ts including, vessels FOR AGM.. USE YEAR not attempt to couplet" this form without reading the acc ying instructions Please print or type here, address, and telephone nwebsr of facility producing discharge A. Sam BLACKWEEWER OIL COMPANY 3. Street add rs a256 Hwy. 321 Bar- P0 C . City iii c.ca O. Stan E. County Catawba f m I (F G. Telephone ice. (704) - 322 - 3880 Area Cock 11ATF RECEIVED DAY 1 Number ofaloee Nature of business Seven (7) Storage and ning o Petroleum Products. s)C't khere ifdis ar occurs all yeari,or S) 0:eck the non h(s) discharge occurs: 1, 0 January 2. o February 3, bred 4.0 A 1 5.0 M y 6.0 June 7. 0 July 8.0 August 9.0 September 10. 0 October 1 1 , c *member 12. ©Cecew r (c) How many daysper week: 1.01 2. 0 2-3 3,0 4-5 4:' 6-7 Types of waste water discharged to surface waters only (c daily 70,00O.e 49,999 (4) K N 1-to predict ecause 1 soil absorption, neater -.shed. 11014 MAY BE usEn ny variables 4 9) (10) 7. 1f any of the types1 r un- treated, are diargedwtotplacestother than ified in tsurem faceiwatersther .�check ated obelow as applicable. W4sto stater is discharged to: 0.1-999 (1) AVERAGE FLOW, GALLONS PER OPERATING Dgv 1000-i999 (2) 504304999 (3) 10,000.49,9l13 (4) A. Municipal sewer system 3. Underground well C. Septic tank D. Evaporation lagoon or pane X NA • tkTA E. Other, specify: 504003 or mare (5) - • • 8. Number of separate discharge points: A- ti 1 8. c3 2-3 C. Q 4-5 D. c3 6 or more 9. Name of receiving water or waters Fry Creek. 10. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations,. activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual. A.'y's B.Dno 1 certify that 1 am familiar with the information contained in the application and - that to the best of my knowledge and belief such information is true, complete, and accurate. George Blackwelder, Jr Printed Marne of P2rscn Signing President Title _ 'OCT 2 41974 is t2 Application Signed-7; Sigr}ature or Applicant f3 U.S.C. Section /00/ Picoido that; :I++oerer, in any matter within the Juraadiclion of any department or agency of Ale UrtltedSratoo kaa-orringfy /nd willulfy falaifiee, conca.rie, or crere up L,' any trick, at}tetnh or device a► temiorfai !act, oratekm. arty false, fictltioon, ar fraudaarnt atatesf.nts or repreeentetloie; or matron or wore. any (Woo writing or document knowing Berne to conrein any !aloe, fictitious, or frecrks,fent atatemant or sentry, small be fined not more than sio,coo or impefsoned not more Shen 5 years, or bath. 29, For+, 7550- i (Row. 5-73) (Rsnwrse) SOIJnitimi ` :� � a i °J. f _ �q / ƒ �7 . J# . Ya NCH_ " 5 . :. Gi' ^2 ..KooFOR\ mP.5 m A • HICKORY !NJn @nuTV w .57 y ,+ eaft „ JO 110 \ .44 .4. M m z 41,w. STATE OF NORTH CAROLiNA DEPARTMENT OF NATURAL RESOURCES E, COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT E R M I T TO Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, Mid -State. Oil Company is hereby authorized to discharge wastewater from a facility Located at 151 Street N.W. Hickory. Catawba County to receiving waters designated Fry Creek. in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and. other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight igned this day of Ro'bert F Helms, Director Division of Environmental Management By Authority of the Environmental Management Commission • Permit No. NC0027057 SUPPLEMENT TO PERMIT COVER SHEET Mid -State Oil Company is hereby authorized to: 1. After receiving an Authorization to Construct from the Division of Environmental Management; construct and operate an oil/water separator to treat the rainfall runoff from the Mid -State 0i1 Company facility located at 15th Street N.W. in Hickory (See Part III of this Permit), and 2. Discharge from said treatment works into Fry Creek which is classified Class "C" waters. A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning the effective date and lasting through the term of this permit, the permittee is authorized to discharge storm water and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/unloading areas, etc. Such discharges shall be limited and monitoring by the permittee as specified below: Effluent Characteristic kg/day(lbs/day) Discharge Limitations Monitoring Requirements Other Units (Specify) Measurement Sample Frequency Type Daily Avg. Daily Max. Flow Oil & Grease Daily Avg. Daily Max. not to exceed 60 mg/1 1/month 30 mg/1 Estimate Grab This permit imposes no limitation on the discharge of stormwater runoff contaminated by an industrial or commercial activity and not discharged through any oil -water separator or other treatment equipment or facility. Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): the nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. 'd 0 LSOLZ00311 Part' Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: NOT APPLICABLE 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4 PART I Permit No. NC Act used herein means the Federal Water Pollution Control Act, As amended. DEM used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development "EMC" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no .later than the 45th day following the completed reporting period. The first report is due on . The DEM may require reporting of additional monitoring results by written notification. Signed copies of these, and all other, reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 3. Definitions a. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. b. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to The EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: I5 PART I Permit No. NC a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; d. The analytical techniques or methods used; and e. The results of all required analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.4) Such increased monitoring frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollu- tants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained by the permittee for a minimum of three (3) years, or longer if requested by the State Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. I6 PART IL Permit No. NC A. MANAGEMENT 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. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited.' 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (j) where M 8 & I 7 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of 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. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. I8 PART II Permit No. NC B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is` located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit;.to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership of facilities from which the authorized discharge emanates or is contemplate*, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit it the name of the prospective owner. A copy of the letter shall be,forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modi fi catty on After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and n. S. 143-215.1(e) respectively, this permit may be modified, suspende.l, or revoked in whole or in part during its term for cause including, Fwt not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully l i relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M 10 & 19 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. 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 anyresponsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. C. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. 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. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remainder of this permit shall not be affected thereby. M 11 & I 10 PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. 111 PART III Permit No. NC 0027057 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. E. Other Requirements 1. The "daily average" limitations for oil and grease stated in Part I., A. above, shall be deemed to have been exceeded if either: a. The arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee in accordance with the monitoring requirements set forth above exceeds 30 mg/1; or b. The analyses of any two representative grab samples taken by the State at least six (6) hours apart during any consecutive thirty (30) day periods each individually exceed 30 mg/1. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharge from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non- representative. remit. Nu. nu UUZ/Ub/ No sample may be so excluded if it is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next Discharge Monitoring Report submitted in accordance with Part I., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If any sample is so excluded, the "daily average" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. 2. The "daily maximum" limitation for oil and grease stated in Part I., A. shall be deemed to have been exceeded if either: a. The arithmetic average of the analyses of all representative samples taken during a calendar day by the permittee or by this State (a minimum of two samples taken at least six hours apart) in accordance with the monitoring requirements set forth above exceeds 60 mg/I; or b. The analysis of a single sample (when it is the only one taken during the day by the permittee) exceeds 60 mg/l. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharged from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non -representative. No sample may be so excluded if it is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next Discharge Monitoring Report submitted in accordance with Part I., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explan- ation for the exclusion of that sample. If any sample is so excluded, the "daily maximum" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. Other Petroleum company officials have contended that, while the discharges from most of their marketing and bulk terminals are capable of meeting this "daily maximum" limitations as stated above, certain of their facilities cannot be so equipped to meet this limitation as stated above. If the permittee can present sufficient evidence to demonstrate that this facility cannot be so equipped, the State will modify this limitation to the extent needed (in no case to exceed 100 mg/1) to assure reasonable compliance with the "daily maximum" limitation. Permit No. NC0027057 3. It is recognized that influent quality changes equipment malfunction or other circumstances may sometimes result ineffluentconcentrations exceeding the permit limitations despite the exercise of appropriate care and maintenance measures, and corrective measures by the permittee. The permittee may come forward to demonstrate to the State that such circumstances exist in any case where effluent concentrations exceed those set forth in this permit. The State will consider such information in determining appropriate enforcement measures, if any, to be taken. 4. A calendar day is defined as any consecutive 24-hour period. 5. The "daily maximum" concentration is defined as the arithmetic average of one or more representative grab samples taken during any calendar day. Should effluent sampling be done on more than one calendar day during the month, the arithmetic average indicating the largest "daily maximum" concentrations shall be reported on the N. C. Discharge Monitoring Report Form. 6. Collection of representative samples shall be required during periods of discharges. Should there be no discharge during normal working hours, the Permittee shall report "No Discharge" for that reporting period. 7. The reported flow shall be the arithmetic average of the total volume discharged on each of the sampling days during the reporting period. Flow may be calculated utilizing a flow recorder, rain gauge, or any other similar device. 8. In connection with submission of records and reports required under this permit, the Permittee shall not be deemed to have waived such privilege against self-incrimination as may be offered under or by the Fifth Amendment of the United State6Constitution.