Loading...
HomeMy WebLinkAboutNC0035041_Regional Office Historical File Pre 2018 (2)ROY COOPER Govei nor MICHAEL S. REGAN Seereta, y LINDA CULPEPPER Inge? on Du eclor NORTH CAROLINA Environmental Quality December 19, 2018 Mr. Tony Konsul Carolina Water Service, Inc of NC PO Box 240908 Charlotte, NC 28224 Subject: Issuance of NPDES Permit NC0035041 Hemby Acres WWTP Grade II Biological WPCS Union County Dear Mr. Konsul: Division personnel have reviewed and approved your application for renewal of the subject permit. This permit renewal 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 (or as subsequently amended)_ This final permit includes no significant changes from the draft permit previously sent to you on October 31, 2018. 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that thia permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sydney Carpenter at telephone number (919) 707- 3712. cc: Central Files NPDES files Linda Culpepper Interim Director, Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919-707-3712 Permit NC0035041.= Grade 11 Biological Water Pollution Control System [15A NCAC 08GM3021 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONN L 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, Carolina Water Service, Inc. of NC is hereby authorized to discharge wastewater from a facility located at the Hemby Acres WWTP 7803 Idlewild Road Indian Trail Union County to receiving waters designated as North. Fork Crooked Creek in subbasin 03-07-1.2 of the Yadkin - Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I., II, 1II and 1V hereof. This permit shall become effective Feburary 1, 2019,. This permit and authorization to discharge e shallexpire at midnight on October 31, 2023, Signed this day December 19, 2018. :da Culpepper, Interim Wector Division of Water Resources By Authority of the Environmental Management Comna.ission Page 1 of 6 Permit NC003504I Grade II Biological Water -Pollution Control System [15A NCAC 08G.0302] SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. Carolina Water Service, Inc. of NC is hereby authorized to: 1. Continue operation of an existing 0.3 MGD wastewater treatment facility with the following components: • Influent liftstation • Micro screen • Two aeration basins with mechanical aerators • Two secondary clarifiers • Four aerobic sludge digesters • Two tertiary filters • Liquid chlorination with contact tank • Liquid dechlorination • Post aeration tank • Continuous flow measurement • Back-up emergency generator This facility is located at Hemby Acres WWTP [7803 Idlewild Road, Indian Trail] in Union County. 2. Discharge treated wastewater from said treatment works at the location specified on the attached map into the North Fork Crooked Creek, currently classified C waters in sub -basin 03-07-12 of the Yadkin Pee -Dee River Basin. Page 2 of 6 Permit NC0035041' Grade 11 Biological Water Pollution Control System [15A NCAC 08G.0302j PART I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B:0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTE DMR Code Flow 50050 TICS BOD5, 20°C — Summer* C0310 ROD5, 200C — C0310 To ; Suspended Solids C0530 NH3-N as N — C0610 NH3-N as N — Winter C0610 Dissolved Oxygen 00300 Fecal Colifor 6 6 (geometric mean) Total Residual Chlorine 50060 Temperature 000/0 Total Nitrogen C0600 Total Phosphorus C0665 LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Average e ueney Type 0.3 MGD 30.0 mg/L 45_0 mgfl, 3.0 mgfl, 15.0 1111 8,0 mg/L 35.0 mga... Daily Average ? 5.0 mg/L 200/100 ml 400/100 17 pH o 6.0 nor > 9-0 00400 Standard Units Dissolved Oxygen , 00300 Fecal Coliform 31616 gjjjetrer-.e n) Temperature 00010 *Summer: April — October 31 ter: be Continuous Recording P e tion2 fluent or :uent Weekly Composite Effluent Weekly Composite Effluent Weekly Composite Effluent Weekly Composite Effluent Weekly Grab Effluent Weekly Grab E uent 2/Week Grab Effluent Weekly Grab Effluent Quarter,ly Composite Effluent Quarterly Composite Effluent Weekly Grab Effluent Weekly Grab U, D Weekly Grab U, D Weekly Grab U, D ch 3 Page 3 of 6 . Permit NC0035041 Grade II Biological Water Pollution Control System [I5A NCAC 08G.03021 Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. U: upstream 100 feet above the outfall. D: downstream 200 feet below the outfall. 3. The Division shall consider all effluent TRC values reported below 50 µg/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 µg/L. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM OTHER THAN TRACE AMOUNTS. A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NOGS 143-215.1(b)1 Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Perm,its): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting !Supersedes Section D. (2.) and Section E. (5.) (a)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements Page 4 of 6 Permit NC0035041 Grade II Biological Water Pollution Control System [15A NCAC 080.03021 broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and disch.rge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved. by the lirector. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, 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. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below).. 2. Electronic Submission4 In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data (see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/fmalmational-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. ikuejjtjjYiiver fr itQdcReporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division, Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Page 5 of 6 Permit NC0035041 Grade II Biological Water Pollution Control System [15A NCAC 08G.0302] Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: https://deo.nc.gov/about/divisions/vvater-resources/edmr 4. Signatory Requirements 'Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edrar Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that 0-69 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." 5. Records Retention 'Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 NPDES Permit Standard Conditions, Pagel. of 18 PART II STANDARD CONDITIONS FOR NPDES PERMTTS Section A. Definitioas 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 D 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 Septetr October through 'December. Composite Sample rA sample collected over a 24-hour period by continuous sampling or combining grab samples. of at least 100 raL 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 -ease basis. Samples may be collected manually or automatically. Composite sarnples 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 (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time internals 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 Version 11/09/2011 NPDES Permit Standard Conditions Page 2of18 (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. Plow 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). DWR or "the Division" The Division of Water Resources, Department 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 CIosure 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 11/09/20111 NPDES Permit Standard Conditions Page 3 of 1.8 liazardons Substance Any substance designated under 40 CFR Part 11.6 pursuant to Sectio:311 of the CWA, Instantaneous flow measurement The flow measured during the minimum time required for the flow rneasunng 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. MonthlyAvera.ge (concentration limit) 'file arithmetic mean of all "daily discharges"' of a pollutant measured during the calendar month, in the case of fca1 coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing, Authority The Director of the Division of Water Resources. QuarterlyAyerage (Concentration 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 .peinianent 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)(1.1 of the CWA. Upset An incident beyond the reasonable control of the Perrnittee causing unintentional and temporary noncompliance with permit effluent limitations andlor 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 L)uty to Comply The Permit -tee must comply with all conditions of this pcnnit. Any pemlitnoncompliance 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 CER 122,411, 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 requirem.ent. b, The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any pemnt condition or limitation implementing any such sections in a permit issued under section 402, or any requirement irnposed 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 .131.9(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(11)(8) of the Act, is subject to cruninal penalties of $2.„500 to $25,000 per day of violation, or Version 11/09/20111 NPDES Permit Standard Conditions Page 4 of 18 A 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 lmowingly 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 imprisonmient 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)1 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] g. 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 CIass II penalty not to exceed $177,500. [33 USC 1319(g)(2) and40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimise 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 L>~lt 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. Version 11/09/2011.1 NPDES Perron Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. lfariy 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 150I3-23]. li. Dtit to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable titrie, 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 Perrnittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. q 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(h)]. ltl. 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 Permitter 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 1.22.21(d)] Any Perrnittee 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 143-21.5.6 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 1.22.41.(k)], a.. All permit applications shall be signed as follows: (1) For a corporations 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 perfbrrns 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 authorised 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 i.n 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 lssuing 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 authonzation 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/f 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: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate. the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 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(f)]. 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 Backup 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 (Backup ORC). Version 11/09/2011.1 NPDES Permit Standard Conditions Page 7 of 1.8 (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 11„ III and IV facility (or the Back-up OR.C, 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 operati.on and maintenance of the facility > Comply with all other conditions of 15A NC,AC, 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 Perrnittee 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 ofthe 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 pemiit [40 CFR 122.41.(e)]. 4. Bypassing,of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(211 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 1.22 A 1(111)(3)] (1) Anticipated bypass,. If the Permittee knows in advance of thc need for a bypass, it shall submit prior notice,. if possible at least ten days before the date of the bypass; including an evalu.ation of the anticipated quality and effect of the bypass. (2) 'Unanticipated bypass. The Pemlittcx shall submit notice of an unanticipated bypass as required in Part 11.E.6. (24-hour notice), e.. Prohibition of Bypass (I.) 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 normalperiodsof equipment downtime or preventive maintenance; and. (C) The Permittee submittal 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. (I) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2')1: 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 ILB.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 aII 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 I. 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 11/09/2011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DEN.R / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1.617 Mail Service Center Raleigh, North Carolina 27699-1.617 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 measurerne:nts 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 1 of this perrnit 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. Perrnittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portalnedenr.o. web/wq/labicert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only rnust hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 1.43-215,63 et.. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 LISC 1314, of the CWA (as amended), and 40 CFR 1.36; 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 pemlit [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 r:nininaurn 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 rneth,od must be used, 5- P.e.naltie-af9i.3.4ZWerijig 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 inaprisonment of not more than 4 years, or both [40 CFR 122,411 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 Perrnittce shall retain records of all monitoring information., including: A all. calibration and rnaintenance records A all original strip chart recordings for continuous monitoring instrumentation A copies of all reports required by this permit A copies of alt data used to complete the application for this permit These records or copies shall he inaintained 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 122A1]. Version 11/09/2011.1 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 122.411: 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 I. 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(I)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 11/09/2011.1 NPDES Permit Standard Conditions Page 11 of 1.8 Monitoring Reports Monitoring results shall be reported at the mtervals specified elsewhere in this permit [40 CFR 12241(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 D.MR, 6. Twenty-four Hour Re_porttgn. 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 tirne the Permittee became aware of the. circumstances. A written submission shall also be provided within 5 days of the tame the Permittee becomes aware of the eircumstances... The written submission shall contain a descnptionof 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 ifthe oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Divisions Emergency Response personnel at (800) 662-'79.56,, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of -noncompliance not reported under Part 11.E.5 and 6. of this permit at the time monitoring reports are :submitted, The reports shall contain the information listed in Part 1LE,6. of this permit [40 CFR 1.2.2.41(1)(7)1 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 e Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)1 9 Noncompliance Notification The Penruttee 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 2..4 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 clumping 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. 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, Avail.abilityof Reports Except for data determined to be confidential under NCGS 1.43-215,3 (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 he considered confidential. Knowingly making any false statementon any such report may result in the imposition of criminal penalties as provided for in 'N'CGS 143- 215..1(b)(2) or in Section 309 of the Federal Act, Verson 11/09/2011 1 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 primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permtttee (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 Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011 1 NPDES Permit Standard Conditions, Page 13 of 18 PART III OTHER REQUIREM TS Section. A. Construction a. The Pernittee shall not cornrnence 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. i (a5) [SL. 2011-3' 4], no perrnit 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 pennit 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 wilt occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the perrni.t, if that discharge will exceed the highest of the following "notification levels"; (l.) One hundred micrograms per liter (100 µgill); (2) Two hundred micrograms per liter (200 pg/L) for acrolein word acrylonitrile; five hundred mu, rcigrams per liter (500 µ,g/T) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitr°phenol.; 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. h, 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 O. mgiL) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. S+ ctiort I). Facility Closure Require 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 systern 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 11/09/2011.1 NPDES Permit Standard Conditions Page 14 of I8 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 organisation, 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." [I5A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater in_o 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 11/09/2011.1 NPDES Permit Standard Conditions Page 15 of 18 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, Section C. Municipal Control of Pollutants from Industrial Users. 1, Effluent limitations are listed in Part 1 of this permit. Other pollutants attributable to inputs from Industrial 11 . s 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 i.mplementthe prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection systern which cause or contribute to Pass Through or Interference as defined in 15.A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(I)) 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; 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; (3) 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 andlor 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 (I 04(T) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products ofmineral oil origin in amounts that will cause Interference or Pass Through, (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that tn. ay cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. e. The Pennittee 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 Permittees Pretreatment Program andfor 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 he 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 Pennittee becomes aware of the circumstances. The wntten 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 rcduce, eliminate, and prevent reoccurrence of the noncompliance, (5) Version 11/ 0 NPDES Permit Standard Conditions Page I6 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 maybe 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(6)(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(t)(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 surnmary 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 sunawary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(6)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(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 PIan shall be reported on the DMRs (as required by Parts LLD and ll.E.5.). [ISA 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 ISA 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 11/09/2011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR. 403.3(l). [1.5A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5..Industrial User Pretreatment Permits (1,UP) & Allocation -Fables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant hadustria • Users, permits for operation. of pretreatment. equipment and discharge to the Permittee's collection ,systern, or treatment works. 'These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compb.ance schedules as necessary fbr 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) whichsummarizes the results of the HWA and the limits 'from all RiPs.. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the FIWA.. 15A NCAC 0211 .0906(h)(6), .0909, „091.6, and ,0917; 40 CFR 403,5, 403.8(t)(1)(iii); NCGS 143-2 5,67(a)] 6. Authorization to Construct (AtC) The ,Perrrintee 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 (IUP) limitations.. [15A NCAC 0211.0906(b)(7) and ,0905; NCGS 143- 21.5„1(a)(8)1 POTW inspection & Monitoring of their lUs 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. [1.5A NCAC 0211 .0908(e), 40 CFR. 403,8(0(2)(v)] The Permittee must: a, Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant hadustrial Users (SIUs) at least once per calendar year for all SIU permit limited parameters including flow except as allowed under 15A NCAC .0908(c); 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. rQ,Self Monitoring andReporting The Permittee Shall require all industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the indnstry's pretreatment permit, or in 15A. NCAC 0211 .0908. [15A NCAC 0211 .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122..44(j)(2) and 40 CFR 401121 9, Enforcement Response Plan (FRP) The Pertnittee shall enforce and obtain .appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the ('WA (40 CFR 405 et, seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and I 5A 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 b:y the Division. [15A NCAC 0211 .0903(b)(7), .0906(b)(8) and .090.5; 40 CFR 403 8(t)(5)] 1.0, Pretreatment ,Annual Reports (PAR) The Perrnittee shall report to the Division in accordance with 15A NCAC 0211 .0908. In heu of submitting annual reports, M,odified. Pretreatment Programs developed under 1.5A NCAC 021E1 .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 Permittec 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 11/09/2011.1 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting 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 (Ws) 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 lUs 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 (Ns) 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)(vur)1 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)(91) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not Iimited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), 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 11/09/2011.1 Union 3" 14" 80°38'02" ©3-07-12 G NC ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, HI Governor Director Secretary February 24, 2014 M:r, Martin. Lashua Carolina Water Service, lnc. of NC P. O. Box 240908 Charlotte, NC 28224 Subject: NPDES PERMIT CORRECTION Permit Number NC0035041 Hereby Acres WWTP - Class 11 Union County Dear Mr. Lashua: 0:n February 20, 2014 Mr, Tony Konsul contacted the Division to inquire about the fecal lirt it for upstream and downstream monitoring that did not seem correct. Upon review of the perrnit, the Division confirms that the limit for upstream and downstream monitoring needs to be removed. As a result we are including a replacement page for your permit. Please place the attached corrected replacement page in your perrnit and discard the old page. Thank you for your attention to this, if you have any questions or need additional information, please do not hesitate to contact Maureen Kinney of my staff at (919) 807-6388. Attache n Sincerely, messy Supervi or, Compliance . Expedite cc: Central Files NPDES Unit Files Mooresville Regional Office, Surface Water Protection Section 1617 Mail Cervi e Center, Raleigh, North Carolina: 27699-1617 Location: 612 N. Salisbury( St_ Raleigh, North Carolina 27604 Phomre. 916 6ii7.6300 \ Fax: 919-807-6492 e1': wNGN.ncwaterizd4,org An Equal t iportundly'.\ Permit NC0035041 PART I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow 50050 0.3 MGD Continuous Recording Influent or Effluent BOD5, 20°C —Summer* C0310 9.0 mg/L 13.5 mg/L Weekly Composite Effluent BOD5, 20°C —Winter* C0310 15.0 mg/L 22.5 mg/L Weekly Composite Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3-N as N Summer* C0610 3.0 mg/L /15.0 mg/L Weekly Composite Effluent NH3 N as N —Winter* C0610 8.0 mg/L 35.0 mg/L Weekly Composite Effluent Dissolved Oxygen 00300 Daily Average > 5.0 mg/L Weekly Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine2 50060 17 µg/L 2/Week Grab Effluent Temperature 00010 Weekly Grab Effluent Total Nitrogen C0600 Quarterly Composite Effluent Total Phosphorus C0665 Quarterly Composite Effluent pH 00400 Not < 6.0 nor > 9.0 Standard Units Weekly Grab Effluent Dissolved Oxygen 00300 Weekly Grab U, D Fecal Coliform (geometric mean) 31616 Weekly Grab U, D Temperature 00010 Weekly Grab U, D *Summer: April 1 — October 31 *Winter: November 1— March 31 Footnotes: 1. No later than 90 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A (2.). 2. U: upstream 100 feet above the outfall. D: downstream 200 feet below the outfall. 3. The Division shall consider all effluent TRC values reported below 50 µg/1 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 µg/l. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM OTHER THAN TRACE AMOUNTS. Page 3 of 6 North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, 1Ii Governor Director Secretary JAN 2 1 2014 Subject: Electronic Reporting Requirement of Discharge Monitoring Data Compliance Period Extended to 270 Days Dear NPDES Permittee: Z. JAN 3 12014 The purpose of this letter is to notify you of the change to the permit condition regarding Electronic Reporting of Discharge Monitoring Reports. The Division of Water Resources has imposed a new permit condition into new and re -issued NPDES permits requiring permittees to begin using the Division's Electronic Discharge Monitoring Report (eDMR) internet application. NPDES permits recently issued contained a compliance period of 90 days to meet this requirement. This compliance period has been subsequently changed and extended to 270 days. Beginning no later than 270 days from your NPDES permit's effective date, you shall begin reporting discharge monitoring data electronically using the Division's eDMR internet application. This letter serves to amend your NPDES permit as noted above. Please attach this letter to your NPDES permit. If you have any questions regarding the contents above, please contact Vanessa Manuel at 919/807-6392 or via email at Vanessa.Manuel(cr_,ncdenr.gov. Sincerely, Jeffrey Poupart Wastewater Branch Supervisor Attachment: eDMR brochure Cc: DWR Regional Office Supervisors, with permit List NPDES File, with permit list Central Files, with permit list 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.ncwaterquality.orq An Equal Opportunity\Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat. McCrory Thomas A. Reeder Governor Director Mr, Martin Lashua Carolina Water Service P. O. Box 240908 Charlotte, NC 28224 Dear Mr. Lashua: )i`NC November 4, 2013 Subject: NPDES PERMIT ISSUANCE Permit Number NC0035041 Herlihy Acres WWTP - Class 11 Union County John E. Skvarla, ill H i t Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. Thin permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the 'Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended), Please note that proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRRs) and specify that, if a state does not establish a system to receive such submittals, then perrnittee must submit DMRs electronically to the Environmental Protection Agency (EPA). Therefore, a requirement; io begin reporting discharge monitoring data electronically_using the NC DWR's :Electronic Discharge Mornitoring Report (eDMR) internee application has been added, to this tarsal permit. [See Special Condition A. (2.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: h ttpliporta I. nc d en r. o igfw e b/wq/ad mi ibogtipu!edmr. For 'or 'ion on EPA' s proposed NPDES Electronic Reporting Rule, please visit the following web site. http://wwwLepa.aov/compliance/proposed nljcleti-electronic reporting -tale. If any parts., measurement frequencies or sampling requirements contained :in this permit are unacceptable to you, you have the right to an adjudicator} hearing upon writtc:n request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150'B of the North Carolina General Statutes, and tiled with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-67'14), Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is ma t transferable. This permit does not affect the legal re • obtain other permits which may be required by the Division of Water Resources or permits required by the Division of Land .Resources, Coastal Area Management A.ct, or any other Federal or Local governmental permits which tnay be required. If you have any questions or need additional staff at (919) 807-6388. cc: Central Files NPDES Unit Files MeeetII Office_ l1617 Mail Secnir, Haitq ©h Car©(b to Location: 512 N, Salisbury St Raleigh; North Cardin 27604 Phone: 919-807-63001 Fax:919-807-6492 tlnternetit www,ncwaterqualtyorg brmation, please do not lee :e Water Protection Section 0 aureen Kinney of my An Eliot 0pportunity'Aflirmative Action Employer Pen -nit NC0035041 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT 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, Carolina Water Service, Inc. of NC is hereby authorized to discharge wastewater from a facility located at the Hemby Acres WWTP 7803 Idlewild Road Indian Trail Union County to receiving waters designated as North Fork Crooked Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, IL 111 and IV hereof. This permit shall become effective December 1, 2013.. This permit and authorization to discharge shall expire at midnight on October 31, 201.8. Signed this day November 4, 2013. Thom A. Reeder, Director Div' ion of Water Resources By Authority of the Environmental Management Commission Page 1. of 6 Permit NC0035041 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As .of this permit 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. Carolina Water Service, Inc. of NC is hereby authorized to: 1. Continue operation of an existing 0.3 MGD wastewater treatment facility with the following components: • Influent pump station • Manual bar screen • Two aeration basins with mechanical aerators • Two secondary clarifiers • Four aerobic sludge digesters • Two tertiary filters • Liquid chlorination with contact tank • Liquid dechlorination • Post aeration tank • Continuous flow measurement This facility is located at 7803 Idlewild Road at the Hemby Acres WWTP, north of Indian Trail in Union County. 2. Discharge from said treatment works at the location specified on the attached map into North Fork Crooked Creek, currently a class C water in sub -basin 03-07-12 the Yadkin Pee -Dee River Basin. Page 2 of 6 Permit NC0035041 PART I A. (I) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code Flow 0050 LIMITS MONITORING REQUIREMENTS Monthty 0.3 MGI) Daily Maximum Sample Sample equeney Type Locatio tit Continuous Recording Influent or Effluent OD5, 20°C er* C0310 9.0 mg/L 3.5 ingIL Weekly Composite Effluent BOD5, 20°C C0310 'Vinter* 15.0 mg/L 21.5 mg/ Weekly Composite Effluent Total Saspendcd Solids a. 530 NiI3-N as C0610 Sum er* NH3-N as N — Winter* C0610 „Dissolved Oxygen 00300 Fecal Coliform (geornet 616 e 30.0 mg/L 45.0 mg/L 3,0 mg/L 15.0 mg/L 8.0 mg/L Daily Average > 5.0 ingit 200/100 nil 400/100 m) Weekly Composite Effluent Weekly Composite Weekly Weekly Weekly Effluent Composite Effluent Grab Effluent Grab Effluent :Total Residual Chlorine2 - )060 17 .tg/L 2/Week Grab Effluent eipperature 00010 Total Nitrogen C0600 Weekly Grab Effluent Quarterly Composite Effluent Total Phosphorus C0665 /1311 00400 Standard Units Not < 6..0 nor > 9.0 Dissolved Oxyger 00300 Fecal geo 3 „ 6 6 "Temperature 00010 Quarterly Composite Effluent Week ly Grab Effluent Weekly Grab CI, D 200/1.00 nil 400/100 inl Weekly Grab U,D Weekly Grab U,D *Sumner AprilApri1 1 October 31 *Winter November 1 — March 31 Footnotes: 1. No later than. 90 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDM.R application system. See Special Condition A (2.). 2. U: upstream 100 feet above the outfall D: downstream 200 feet below the outfall. 3.. The Division shall consider all effluent TRC values reported below .50 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 1.ig/1. THERE SHALL BE "NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM OTHER THAN TRACE AMOUNTS, Page 3 of 6 Permit NC0035041 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division.anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)1 Beginning no later than 90 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted Page 4 of 6 Permit NC0035041 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA), The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part I1 of this permit (Standard Conditions for NPDES Permits): Section B. (11.) Section D. (2.) Section D. (6.) Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports ReportinK !Supersedes Section D, (2.) and Section. E.(5.)(a)l Beginning no later than 90 days from the effective date of this permit, the perm.:ittee shall begin reporting discharge monitoring data electronically using the NC DWR's ElectronicDischarge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be surnmariaed for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state', eDMR. application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), pennittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Water Quality Permit ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1.617 g Section. If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative :forms approved by the Director. Duplicate signed copies Shall be submitted to the mailing address above.. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for mitten approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, I)MRs shall be submitted 4 of 6 Carolina Water Service, Inc of NC Hem by Acres WWTP Coun : Receiving Stream: Latitude: Loneitude: Onion Stream Class: C North Fork Crooked Creek Sub -Basin: 03-07-12 35° 06' 14" Grid/Quad: Matthews/G16SW 80° 38' 02" HUC #: 03040105 North NPDES Permit: NC0035041 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 (3) 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 Version 11/09/2011 NPDES Permit Standard Condition's Page 2 of 18 (4) Constant tirnc/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 1.00 .milliliters • influent samples shall not be collected more than once per hour. ▪ Pemiittees 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, Pennittees 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. Contirtuous 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 wee.kfor 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, Department 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 in.dividual values. For purposes of calculating. the geometric mean, values of "0" (or "< [detection level]") shall be considered 1. Grab Sam e 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 instrcam 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)(I) 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 122.411. 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)I 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 dard Conditions Page 4of18 imprisonment of riot 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(0(2)] d. Any person who knowingly violates such sections, or such con litions or limitations is subject to penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or bo. case of a second or subsequent conviction for a knowing violation, a person shall be subject to eri.rni 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 301e, 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 inrprisonm.ent 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 (:'WA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be tined up to $2,000,000 for second or subsequent convictions, [40 ('FR 122.41(a)(2)1 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] g. Any person may be assessed an administrative penalty by the Administrator firr violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limit atrtan 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 1.1 penalty not to exceed $177,500„ [33 USC 1319(gX2) and 40 CFR 122.41(a)(3)] 2. Duty_ to Mitigate The Permitter shall take all reasonable steps to minimize err 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 1.22.41(d)]. 3. Civil and Criminal. Liability Except as provided in permit conditions on "Bypassing" (Part 11.C.4), "Upsets" (Part 1.1.C'.5) and 'Power Failures" (Part 11.C,7), nothing in this permit shall be construed to relieve the Perna.ittee 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 1.319, Furthermore, the Pcrrnittce 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 instatution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Perrmittec is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1.321. Furthermore, the Permitter 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 1.22.41(g)]. 6, Onshore or Offshore Construction This permit dots 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, 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 I 50B-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 Iaer 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. MI 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: Ilan ;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 122.2.2], NO OTHER STATEMENTS 0.F CERTIFICATION WILL BE ACCEPTED: 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 hest of triy knowledge and belief true, accurate, and complete. I a,n aware that there are significant pcna/tiesJar submitting false information, including the possibility of fines and imprisonment for bowing 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 Reissuancc, 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 tei ininating the permit as allowed by the laws, rules, and regulations con,%,ined in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 0211 ,01,00; and North Carolina General Statute 143,.215.1 et. al. 114. Annual Administering and Compliance Monitorin Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days atier 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 d,csignate operators, ccrtifi.ed by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [Ti SA 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 OR(s) who possesses a valid. certificate of the type of the system and no more than one grade Jess 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 COMMisS1011, (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): (I) 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 alI 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 I22.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(in)(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 1I.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 1 1/09/2011 NPDES Permit Standard Conditions ' Page 8 of 18 (3) The .Pennit Issuing Authority may approve an anticipated bypass, after considering its adverseeffects, 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, .FITectof an upset [40 CFR 122.41(n)(2)1: 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 Pcrmittce submitted notice of t.he upset as required in Part 1I.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part 11J3.2, of this permit.. c, Burden of 'proof [40 CFR 122.41(n)(4)1: 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 1.43-.215.1and 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 Pennittee 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 'fo Surface Waters. 'Me Permitter shall notify the .Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Perrnittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 0211 .0124) to prevent the discharge of untreated, or inadequatelytreated 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 L Representative Samplir_ig Samples collected and measurements taken, as required herein, shall. be representative of the permitted. disc.harge. Samples collected at a 'frequency less than daily shall be taken on a day and time that is representative of thc 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 wastestreain, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority440 CFR 122,41(j)1 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report ([)MR) 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 /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 I0% 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 levet) 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 Ieast 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 maybe 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. Recordin.g Results For each measurement or sample taken pursuant to the requirements of this pe.rmit, 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() who per -formed 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 eluding 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 Pennittects 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 mustbe 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 122A1.(i.)1, Section E Reporting Requirements I. Change in Discharge All discharges authorized herein shall he consistent with the terms and conditions of this peii M. 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 a!terations 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 h. 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 .Perinittee's sludge u.se or disposal practices, and such alteration, addition or change may justify the application of permit con.clitions 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 pennittedfacility or other activities that might result in noncompliance with the permit [40 CFR 122..41(I)(2)1. 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 1.43-215.1(b)(4)b.2., and may require modification or revocation and reissuancc of the permit, or a minor modification, to identify the new perrnittee and incorporate such other requirements as may be necessary under the ('WA [40 CFR 122.41(1)(3), 122.611 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 Permitter 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)1 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(I)(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 12of18 11. Penalties for Fa -!silica tior of Reports The CWA provides that any person who knowingly snakes 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 140 CFR 122.411, 12. Annual Performance .Reports Permittees who own or operate facilities that collect or treat tnunipal or domestic waste shall provide an annual. report to the Permit Issuing; Authority and to the users/customers served by the Pcrmittce (.NCGS 143-21 .I C). 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 DEN ! Division of Water Quality l 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 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 }ig/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (I 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 I4 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)1 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 maybe 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: 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 I5A 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 Iimit 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 All POTWs must provide adequate notice to the Director of the following [40 CFR I22.42(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. 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 Iimitations 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: (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 Iower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) 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; (5) 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; (7) 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 (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. 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 Pernuttee'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 NP ES Pcrniit Standard Conditions' Page .16 of 18 3. With regard to the effluent requirements 'listed in Part 1 of this permit, it may be necessary for the Pet -mince to supplement the requirements of the Federal Pretreatment Standards (40 ('FR, Part 403) to ensure compliance by the Permittce with all applicable effluent limitations, Such actions by the Penntittee 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 front 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 0211 ,0907(a) and (b). [40 CFR 122.440)(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 ;kir the development of a POTW Prctrcatmcnt Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment. progrion, 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 Genera.' Statute 143-215,3(14) and implementing regulations, 15A NCAC 0211 .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 122.44,0)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 0211..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 11 or Part IV of this permit are as defined in 15A NCAC 0211 .0903 and 40 CFR 403.3. 1, Sewer Use Ordinance SUO) The Permittee shall maintain adequate legal authority to implementirnplemcnt its approved pretreatment program. [15A NCAC 0211 .0903(b)(32), .0905 and ,0906(b)(1); 40 CFR. 403.8(0(l) and 403.9(b)(1) and (2)] 2 1iialee1SJ The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 (.7.FR 403,8(0(2)(i-i„ii) and 1.5A„NCAC 0211 .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 S.W. Where the Permittee accepts wastewater from one or more satellite .POTWs, the 1WS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administeredby a separate Permittee with an approved Pretreatment Program, The Permittee shall submit a summitry of its IWS activities to the Division at least once every tive years, and as required by. the Division, The IWS sub -mission shall include a summary of any investigations conducted under paragraph C.2.c, of this Part. (15A NCAC 021-1 ..0903(b)(13)„ .0905 and .0906(b)(2); 40 CFR 403„8(f)(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 .11.D and ILE.5.). [15A. NCAC 0211 .0903(b)(16), .0906(h)(3) and .0905] 4. Ileadworks Anal sis HW.A and Local Limits The Pennittee shall obtain Division approval of a HW A 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 Pei -mince 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, accordance with 40 CFR 403..5(c) and 15A NCAC 0211 .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 0211 .0909. Pursuant. to 40 CFR. 403.5, local limits are Version 09 01 NPDES Permit Standard Conditions Page 1.7 of 1.8 enforceable Pretreatment Standards as defined by 40 CFR, 403,3(1). [15A NC.A.0 O214.0903(b) 10), .0905, and .0906(h)(4)1 5 Ilnndustrial_t.iser Pretr a rran s�rtt Permits OUP) & Allocation Tables In accordance with NCGS 143-21.5.1, the Permittee shall issue to all Significant Industrial Users, permits fear operation of pretreatment equipment and discharge to the Permittee's collection. system or trcartrncnt 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 FIWA. and the Iirnits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the 1.WA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(t)(iii) NCGS 143-215,67(a)] 6, Authorization to Construct (,AtC) The Permittee shall ensure that an Authorization to Construct permit ( t() 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 (IUP) limitations. [I5A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 21.5.1(a)(8')] 7, POT W Inspection l lranits rin ; the ,r fUs The Pcrrnit.tee 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 02I1 ,0908(c); 40 CFR 403.8(f)(2)(v)] The Permitter must: a. Inspect. all Significant Industrial Users (StUs) at least once per calendar year,; b. Samplc all Significant Industrial Users (SIUs) at least once per calendar year for all SITU 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 1i. I,U Self Monitoring and, Rejig 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 0211 .0908. [15A NCAC 02f1 ..0906(h)(5) and .0905; 40 CFR 403,8(f)(1)(v) and (2)(i i); 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(h) and ('c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A N('AC 0211 .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. [I5A, NCAC 0211 .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annttal Reports (PAR) The Permittee shall report to the Division in accordance with 1..5A NCAC 0211 .090$. In lieu ofsubrnMing annual reports, Modified Pretreatment. Programs developed under I SA NCAC 0211 .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 implernen.tation issues. For all other active pretreatment programs, the Permitter 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 Perrnzt Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (.I'E.R.CS) Unit 1.61.7 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 Perinittee to cotreit 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. Si tificant Non-Com Hance Report (SNCR) A list of Industrial Users (lUs) 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 (1:DSl 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 comphanee schedules, public notice of 'Us in SNC, a summary of data or other information related to significant noncompliance determinations for Ws that are not considered S1Us, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with, the pretreatment imnplementation requirements of this permit Public Notice The Permittee shall publish annually a list of Industrial Users (fUs) that were in significant nonconipliance (SNC) as defined in the Permittce'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 0211 .0903(b)(34), .0908(bX5) and .0905 and 40 CFR 403,.8(1)(2)(viii)1 12, Record Keeping The Permittee shall retain for a rriininiurr 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(0. [15A NCAC 0211 .0908(f); 40 CFR 403.12(o)1 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 021-1 .0906(b)(9) and (10) and .0905; 40 CFR 401.8(t)(3), 403.9(b)(3)1 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 (SIUs), 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 11/09/20 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvaria, Ill Governor Director Secretary September 11, 2013 Mr. Martin Lashua Carolina Water Service P. O. Box 240908 Charlotte, NC 28224 Dear Mr. Lashua: nc.c "C. Subject: DRAFT NPDES PERMIT Permit Number NC0035041. Hemby Acres W WTP — Class Il Union County Enclosed with this letter is a copy of the draft pery ur facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains, Your permit is among several in the Yadkin Pee Dee River Basin that the Division has targeted for expedited renewal.. Please note the following modifications to this draft: • updated list of treatment components per renewal application, and • added parameter codes to Section A.(1.) Effluent Litnitczdron and Alanitori Requirements. Please note that the receiving stream is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List, Addressing impaired waters is a high priority with the Division, and instream. data will continue to be evaluated. Iftlsere is non.cornpliance with permitted effluent Waits and stream. impairment can be attributed to your facility, then mitigative measures may be required. Please submit atsy eomnrents to me no later than thirty (30) days following your receipt of the draft. Continents should be sent to the address listed at the bottom of this pae. If no adverse comments are received from. the public or from you, this permit will likely be issued in late -October 2013, with an effective date of December 1, 2013, If you have any questions or comments concerning this draft pen tit, please contact me at (919) 807-6388 or Maureen.Kinney(e ,ncdenr.gov. Maureen Kinney cc: NPDES Unit ec: Mooresville' Regional Office, Surface Water Protection Section Steve Reid, NCDENR 16'17 Mail Service Center, Raleigh, North Carolina 27699-1617 Location:512 N. Salisbury S. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax; 919.807-6492 interne: wRWW-ncwaterqualittr.orq An Fgddl Opportenity\ fhrmative Action Employer Permit NC0035041 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT 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, Caroling Water Service, Inc. of NC is hereby authorized to discharge wastewater from a facility located at the Hemby Acres WWTP 7803 Idlewild Road Indian Trail Union County to receiving waters designated as North Fork Crooked Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective , 2013. This permit and authorization to discharge shall expire at midnight on October 31, 2018. Signed this day , 2013. DRAFT Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 4 Permit NC0035041 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, As of this permit issuance, any previously issued permit gearing 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.. Carolina Water Service, Inc. of NC is hereby authorized to: Continue operation of an existing 0.3 MGD wastewater treatment facility with the following components: • influent pump station • Manual bar screen • Two aeration basins with mechanical aerators. • Two secondary clarifiers • Four aerobic sludge digesters • Two tertiary filters • Liquid chlorination with contact tank • Liquid dechlorin.ation • Post aeration tank • Continuous flow :measurement This facility is located. at 7801 Id1ewi1d Road at the Hemby Acres WWTP, north of Indian Trail in Union County: 2. Dischargefrom said treatment works at the location specified on the attached map into North Fork Crooked Creek, currently a class C water in sub -basin 03-07-12 the Yadkin Pee -Dee River Basin. Page 2 of 4 Permit NC0035041 PART I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfaIl 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS ;Parameter Code MONITORING REQUIREMENTS LIMITS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow 50050 0.3 MGD Continuous Recording Influent or Effluent BOD5, 20°C —Summer* C0310 9.4 mg/L 13.5 mg/L Weekly Composite Effluent GODS, 20°C — Winter* C0310 15.0 mg/L 22.5 mg/L Weekly Composite Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3-N as N—Summer* C0610 3.0 mg/L - 15.0 mg/L Weekly Composite Effluent NH3-N as N —Winter* C0610 8.0 mg/L 35.0 mg/L Weekly Composite Effluent Dissolved Oxygen 00300 Daily Average > 5.0 mg/L — Weekly Grab Effluent Fecal Coliform (geometric mean) ' 31616 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine2 50060 17 pg/L _ 2/Week Grab Effluent Temperature. 00010 Weekly Grab Effluent Total Nitrogen C0600 Quarterly Composite Effluent Total Phosphorus C0665 Quarterly Composite Effluent pH 00400 Not < 6.0 nor > 9.0 Standard Units Weekly Grab Effluent Dissolved Oxygen 00300 !- Weekly Grab U, D Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 nil Weekly Grab U, D Temperature 00010 Weekly Grab U, D *Summer: April 1 — October 31 �W: et r: November 1—March J 1 Footnotes: 1. U: upstream 100 feet above the outfall. D: downstream 200 feet below the outfall. 2. The Division shall consider all effluent TRC values reported below 50 p.g/1 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 µg/1. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM OTHER. THAN TRACE AMOUNTS. Page 3 of 4 • , -•••• ._ .'"..- • " . ":-•:-.. --- • :-..7. ..•" ,..• :- ."•-- .•:•-..=.::, . .." - ...‘ . , 4 , • - } , 4 t :".' r 4. ---1.--44 ' \ ... , ...., \ . ,▪ ki"„‘:,,i.'6 ',1.- ...?••. ',I.Z,..,Z•"1';, -A-L •,71v.,.",•i,T•%•..,•e. ••..•. V, , , 'p,, 0'.,• 4)7..74_.1'j./ :•"•[„•••,'zq•,•i• 41 ..7 . ''1 , .'P.. 't.-."a• e..,±'tr.'.".. --„--, -' '- ;•4 1• 1 r,,r...•i,%,• •,•,•:.?1•• 'r",.r1..4.r,1_t\•..•'4"..•-7•-.,,?4,"- ',')‘.'.'*...,'.•..f, ,,.e.•,...i" j.:'?, k.A,,,o t• tla :.,1••:,••7...l, S_• 'j,,F-,„tO-, _,...-'', ..-,.,9:.' _-,—,A,. , L .1,...t. ,;- .s.)',•.-- .1j (-,,.6.1,7: _‘1.i...,,7.". 4. ., ,1 147'1 ,.:/,e'. .,„.J''I' .'....."\.. •.•.." -f, :-t.4 -. .. ,.,•l .0.',_;,!f .,•;...4,". .,..-'' ,•.',r.-" : <2-•1'•'' . ','.,,' ', •,o• ,, '-C..,'k..,-. -....t.•c..."%.• =-.,.,4 .s:,,,. ., !,..i,'"..,,-..'; 2.•f-I,.i . ,'.,., '.I,.''.:-,1•e I. );• - •‘ :.,1•.-1..0•. .'. "17•.,4."..r- 1, $?6_-\, .; ,. I-•: ., . - .^.. 4'- ./,1,• ", ...i, ' .,*.S4 •.i... .. .6. ...-•'•' -..'•'1. •,7:'., '.. . „;•'•'•''-;,..•..• ,-, •.•. ••.-"' , .,, ' . ;•;,'r r..#,,•• ,<". .•.-• ,,.•.-9..' .,,•,-.,--.,•.,i, ,.' '.,...? .. ,.-, -_ '..,•,„ . /e' • ,. • f '.-• .,'. .. . ‘ .,,t▪ „ . .1.'i4L-- 1 : ...., 'i .-7. .. .4. ". , .-„4' •.•I 0 . ..; - ,--. 7 ., c.„ 7S . -i ,,b .-1 -' -;; ' '.,. -'.. -.. :. i '...% 1,.•(, 0 . 1iA9; }. ' - .,..,I'.:,. 4 " ;„.'.i. ''.•'. 1i .''.'•,•. ,". Pd.,'.0 i. -1„r., L'I ir.- •.'•:1 -'i • , ,. y ,?,-.4 - -,r-' . .. v ..▪ . . /- I4 '. • '.' •4..' ,-..-:/..*f .J.:'"' 1.,.-..,... ..-..•,.„0;. f-•".";. +.i f' •• l.f, •'„ )/, • .• .1/1 '•c• ",..5. .L.a.. .#.C3"r .:n.•,.:,'!:. •.1%•.•': " „•-••,•`vt,• ,N..1/4.'/,.1.- ,r'e,.‘,'... . ". .•",',,.- :t ' .••. 4-`- t.', .. ;.'. -'t.• "•'..':- . "t..--. •-, • . •;7 .'."o, .A''. . ..„ - ..o. 1. 1..., , Ir:.:.7,'i. _- . .-1‘..: ,:.• .f;', '‘•1 '... ?. , ''7 ' ",1 -_..,, # . ,;..: .•j .e ..\ ., ;r' ;: .- ;' „.0• '0 .• •",- .-' 1- ' .. „, .• •ii•,-.•t '7 ;"- , . - '., •,.01 .. • „ • %-" - ,• k,•''/ 0- •4. , •'. -. r.' i.:/'I,' .4 ,..••'.r •....- ti,. .y,,,. •/ i'•, ' * •., • .7 •.f .l•. -1 '., .".• :.'. ' • • . • ' . 1,• , •. ' . .',' ,i -0'„* -, ;,:• • „•,', •;. -. !)1 .•;•,44.1 '41.,. 1Ak3 " ,. .A ,. .,' ' •r .e .. - :. :..1- -. .I — - • :-K0 .-6. . ., - i.` A ',• '.. .• ' -i ? 1 . r // j e -r .-y I ,111z) —i *1 bk ,?tr k.,• L. F . A ;, •,.,_ \ -- . 4)• • . . .• ..• .%.. • " ,..•• i .:." .• ,., . .:. . . ., ..'... , ,•'.(e' •,, 1•,I•, . .e .t ••,,—: 51.:r N,':#...- .•.*7 -'..'..-'•',' ..:, \'O .'*° ,; . • .,-,,' '.',''- '' ',„ %_' r•-- 1-'°1'„' ''..' '0''::.' ' . .] - x•.' .: :!'.. '.-.4 .,: r ,:-,i. .. l,, .ti .'± .•,l.ak ' .,•..!l.... ..a'. .. I- ' ..I•;ir-•. rn.. .'"`. .: . ', • •" • •l•, '•- •, ;IL•,,-. .'% .s i .1• '•i. •,.1.•, • ',' •, •.• '"-ir-' .•• . ' 1 ; ,i, ,'d.'- ' :;".••.•'.-.. .i• ,..-.,.t.. .;4yf 1, .•u- ..:4. .L y.. As ', -•i:. ,.4. .. 1 .: ._ .:k..4 . ', ."' ."! _.,,,. .r <.) 1_%:.5;.r•--‘i=R,4.%,'4""17,,• •"-.71f1..-,. Ai's, ,k1."„- ... S\1, . 0 •1:,\..-'1 *. i -'7--'.Zk;0.4..-'.<..-".A.,:.•1.'1.•..‘'•,,•..-.,..;"•,:"-•..-•t.'i..'c."„.j3'.. i-k., .,,•.,':, ',f.•"1:-1\;' `,-.4,..".,.,'••.0j,'., ,/',''4.•a.',.,-.:,'eC ',",?r,....,..`' i.•7.'/,„•'„- •.; ,•''e."._'Ck ...4/..:.:•,.I:.N% '.•::-'%.f :.''•L.,•'',,P4'..'.A...7...,,.. i,1.o, •1•''.,•r• '. .' "t':-'-•,' a:,'.,t.:..,• •".':\`4, •-.C.-._!-L .•,s.•,‘. ,,.,,,...,,.,r,.-01.1) ,.:\"•7%-i'.7' .1,,•',,.-,,'.. .', ,.....1_• • ,..,-.•-1. I.,l,•1i,▪ , .L.,.-',.- i I • ,..? i! •i •. -:(.- ••;.Th '. f..1'• ..,,• . !..!,..• •- ''. ...4. .- ' 1.•. . / 106 1*,'_ / ‘? , -!.t 11!'141- Ii--- :--' .1-L1b f - 4-- 1 , % _( 1 1....'/S-41' ' ., ' ''• •1r , # ,v•'%,ci . t- - • e ..„-....., t. i..- • ..,:k‘• , ,,c;•;",ssr)--! 1.9 'e.:7"-3-';',.f4";•'; •,...L.--•'''''''- ' I ' l' . ril J • ; • \ ' ‘ . . : ' ; , • : . ' " ' • . t ▪ . • -• • . • • • . • • '• • • , „ . ' , „ % c • , r t • • , 0 " - • ' T, ."I . .. • .i ••.,:•• 1, ? '"•'.. a,'. • c.. -", .---•-.. '• .. 4 . ' 7 ' - . . ' j e . .L ' L . . .F - 4 P • ) - : . , • ". - . 1 . . ; ' `j . . A/ ; / y) .. ) . !L . , • • , l •. 07 ' .. . i • ., . , , ,• I. . •,. -. 5.- . 17 , ,= . . . 7. ;. 1 - - ' - ,- 4 v •1 - 1 ,. - 7 - ' . o . .. 9'- ▪ ' . , ' j , . , .. i , s , ', ,: 4 , . - ; , , s . : : ' "• , , • . k. 0 . ... t , . - . .1 1. ; " .' ,eP 4 7 ," - ,z s.. .• ‘ .z , ' I' - N' )- . -. 1 , " 1 : - • 1 . - r7- . ," .. . ' . .•L '.' 1.; : -. :. .- 1. : • ,k 4" . - ( ' .. . '. . , .. ; . , " , .' .. 7.. ; . 0 ' .. - - .- $, , .-: : : P • •.., , . ...• : . .: . . . ..1 „ ., , ,•-- -. 1? .) „ . '., > - . „ , ` , ,-o , .( - : - :- t : 1\ ' ,•• • }' ,,( ..5\ ,.'' -i , %4..?-1„., .-".-_./ ,Ji-:•• / •-?.4 •▪ k' if-...1•!;9DISCHARGE POINT 001 : y• ir,/ , s : K ' t _ . _ - 1 — ' • . . - • • •. • : 5 a r , ?s.). ,k ) ,., r . _ • s• • - , 7 " , • t)- •-•-••• ••••..,o , • • • _ • 411 "••••-• •-• • . • . • !.. • • • • r. k i 0 • ••• •11 1 • VII-- •1i • 1,, • .„„ - 0111,:•• , • .••• '•••• 1Q47 kra. Carolina Water Service, Inc of NC Hemby Acres WWTP 1.7Receiving Stream: Latitude: neitu:de: Union Stream Class: C North Fork Crooked Creek Sub -Basin: 03-07-12 35° 06'14" Grid/Quad: Matthews/G165W 80° 38' 02" HUC 03040105 -• r. ("°,. Facility LOCATION (not to scale) r•'; 17`,.,../...•••••-" • fp.„•••-o North NPDES Permit: NC0035041 To: NPDES Unit Surface Water Protection Section Attention: Charles Weaver Date: May 23, 2013 NPDES STAFF REPORT AND RECOMMENDATION County: Union Permit No, NC0035041 PART I - GENERAL INFORMATION Facility and Address: Hemby Acres Carolina Water Service, Inc. of NC Post Office Box 240908 Charlotte, North Carolina. 28224 2. Date of Investigation: 05-17-2013 3 Report Prepared By: Samar Bou-Ghazale, Env. Engineer 11 4,. Persons Contacted and Telephone Ntunber: Mr. Mark Haver; (704) 361-0645. 5. Directions to Site: From the intersection of SR 1582 (Idelwild Road) and SR 1525 (Mill Grove Road) north of Indian Trail, travel northwest on SR 1.58.2 approximately 100 feet. Turn left (south) onto a gravel drive. The WWTP is 'located at the end of the drive. The physical address is : 7803 Idelwild Rd. Indian Trail. 6. Discharge Point(s). List for all discharge points: Latitude: 35° 06" 14" Longitude: 80° 38" 02" USGS Quad No.: G 16 SW USGS Narne: Matthews, NC 7. Receiving stream or affected surface waters: 'North Fork Crooked Creek. a. Classification.: C b. River Basin and Subbasin No.: Yadkin and 03-07-12 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is approximately 30-35 feet wide with a flat stream gradient. The stream appears to have considerable flow. General C classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0..300 MGD (Ultimate Design Capacity) b. Actual treatment capacityof the current facility(current design capacity) 0.3 MGD Type of treatment: The existing WWT facilities consists ©fan influent pump station, manual bar screen, two aeration basins with mechanical aerators, two secondary clarifiers, four aerobic sludge digesters, one dewatering box, two Micro Floc tertiary filters, a holding tank, liquid chlorination, chlorine contact tank, post aeration, liquid de -chlorination, standby power and continuous flow measurement. d. Possible toxic impacts to surface waters: N/A. PART 1H - OTHER PERTINENT INFORMATION l . Special monitoring or lia itations (including toxicity) requests: None. Compliance information: No problems were noted in the latest CFI. PART IV - EVALUATION AND RECOMMENDATIONS The perrnittec, Carolina Water Service, Inc. of NC is applying for renewal of the permit to discharge treated domestic wastewater. The wastewater treatment plant appeared to be in good operational condition during the time of the investigation. A new dewatering box has been added since last permit renewal. The two existing clarifiers have been rehabilitated and a new high wall protection has been provided around the chlorine contact chamber. Sludge and solids generated at the facility are removed by L&I, Environmental and land applied under permit number WQ0014843. Pending review and approval by the NPI)ES Unit, It is recommended that the NPDES permit for this facility be reissued. ection Regional Supervisor NCDENR North Gar©Gina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 17'h 2013 Carolina Water Service, Inc. of North Carolina Hemby Acres- WWTP P.O. Box 240908 Charlotte, NC 28224 Subject: Receipt of permit renewal application NPDES Permit NC0035041 Union County Dear Mr. Martin Lashua, The NPDES Unit received your permit renewal application on 04-17-2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Jeff P Point Source Branch Program Supervisor IV Cc: Central Files Morrisville Regional Office NPDES Unit 160 Center, Raleigh, North Carolina 27699-1601 Phone: 919.707-8600 \ Internet: www.ncdenr.ggov An Equal Oppartur y 1 Affirmative A n Employe[ - 50% Recycled t 14% Post Consume NorthCa;rolina Vatura/I j oe ❑ NC DENR / DWQ / NPDES Renewal Application Checklist The following items are REQUIRED for all renewal packages: 1( A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative (see Part II.B.11.b of the existing NPDES permit). .2d..... A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow ? 1.0 MGD roust submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to non industrial facilities. Send the completed renewal package to: Mr. Charles H. Weaver NC DENR / DWQ / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 212@lEM2G1 f APR 17 2013 DENR-WATER QUALITY POINT SOURCE BRANCH J C6fi Hes, Inc' April 12, 2013 Mr. Charles H. Weaver NC DENR Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh NC 27699-1617 Re: Hemby Acres WWTP NPDES NC0035041 Renewal Request Dear Mr. Weaver, Please find enclosed Application and attachments and consider this letter as our official request to renew the NPDES permit for the facility referenced above. If you should have any questions or need any additional information, please do not hesitate to call me at 704-319-0517 or by email at mllashua@uiwater.com Thank you in advance for your attention. Mart[n Lashua Regional Director Cc: Tony Konsul Mary Rollins aUsr]ses,Inc. compaayCarolina Water Service, Inc. of North Carolina P.O. Box 240908 0 Charlotte, NC 28224 0 P: 704-525-7990 S F: 704-525-8174 5701 Westpark Dr., Suite 101 o Charlotte, NC 28217 o www.uiwater.com s NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC0035041 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, dick your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Carolina Water Service, Inc. of North Carolina Hemby Acres -WWTP P.O. Box 240908 Charlotte NC, 28224 (704)319-0517 (704) 525-8174 mjlashua@uiwater.com 2. Location of facility producing discharge: Check here if same address as above El Street Address or State Road 7803 Idlewild Road City State / Zip Code County Indian Trail, NC, 28079 Union 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Same as Owner above Mailing Address City State / Zip Code Telephone Number Fax Number 1 of 3 Form-D 1/06 i NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ® Number of Employees Unknown Residential ® Number of Homes 724 . _ School ❑ Number of Students/Staff Other ❑ ExpIain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Hemby Acres & Oak Grove Subdivision (1) gas station with restrooms/carwash, (2) church's, (1)auto part store 724 connections x 2.5 = Population served: 1810 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outran): North Fork Crooked Creek 8. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacity, provide design rernovalfor BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. The 0.3MGD wastewater treatment facility consists of an influent liftstation, bar screen, (2) aeration basins with mechanical aerators, (2) secondary clarifiers, (4) aerobic sludge digesters, (2) tertiary filters, sodium hypochlorite (liquid) chlorination and sodium bisulfite(Iiquid) dechlorination with a postaeration contact tank. The facility also has continuous flow measurement. 2 of 3 Form-D 1/06 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.3 MGD Annual Average daily flow 0.104 MGD (for the previous 3 years) Maximum daily flow 0.263 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide datafor the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one haf years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (GODS) 7.0 4.6 mg/L (4) Jan 12 Fecal Coliform <2 1 #/ 100m1 (4) Jan 12 Total Suspended Solids 7.5 1.88 mg/L (4) Jan 12 Temperature (Summer) 25.1 20.1 Celcius (21) June 12 Temperature (Winter) 14.2 10.4 Celcius (21) Jan 12 pH 7.10 6.78 units (21) Jan 12 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NC0035041 Dredge or fill (Section 404 or CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment program (CAA) Other ; Collection System 14. APPLICANT CERTIFICATION Permit Number WQCS00233 I certify that I 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. Martin Lashua Regional Director Printed name of k{erson Signing/1 Title Signature of Applicant i-f/,2/7.or 3 Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental management Commission implementing that Article, or who falsifies. tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 1/06 w (ilities. Inc: April 12, 2013 Mr. Charles H. Weaver NC DENR Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh NC 27699-1617 Re: Hemby Acres WWTP NPDES NC0035041 Sludge Management Plan Dear Mr. Weaver, As sludge and other solids are generated at this facility, they are periodically removed by the below licensed contractor; L&L Environmental P.O. Box 19491 Charlotte, NC 28219 Telephone 704 -332-0911 If this contractor is unable or unwilling to perform this task, there are many other vendors available for use if desired. If you should have any questions or need any additional information, please do not hesitate to call me at 704-319-0517 or by email at milashua@uiwater.com. Thank you in advance for your attention. Martin Lashua Regional Director Cc; Tony Konsul Mary Rollins au ites,Inc. company Carolina Water Service, Inc. of North Carolina P.O. Box 240908 Charlotte, NC 28224 • P: 704-525-7990 0 F: 704-525-8174 5701 Westpark Dr., Suite 101 s Charlotte, NC 28217 i www.uiwater.com October 7, 208 Mr. Martin Lashua Carolina Water Service, Inc. of NC P. O. Box 240908 Charlotte, NC 28224 Subject: issuance of NPDES Permit NC I)3 041 Henby Acres WWTP Mecklenburg County Dear Mr. Lashua:: Michael F. Eastey, Governor William G. Ross Jr„ Secretary North Carolina Department of Envircanment and Natural Resources DWQ Coleen R. Sullins, Director Division of Water Quality Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-21.5.1 and the Memorandum of Agreement between North Carolina and the . U.S. Environmental Protection Agency dated May 9, 199 4 (or as subsequently amended). This final permit includes the following changes from the draft permit sent to you on July 16, 2008, per your continents received on July 30, 2008: The facility description has been updated to remove reference to andby power at the site. A footnote: has been added regarding the reporting and compliance determination of Total Residual Chlorine values. If any parts, measurement frequencies or sampling requirements contained. in this permit are unacceptable to you, you have the right to a.n adjudicatory hearing upon written request within thirty (3.0) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter .150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North. Carolina 27699-67.14), Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal. Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this pert, 'please contact 'Bob Sledge at telephone number (919) 807- 6398. ely, en H. Sullins cc: Central Files Mooresville Regional. Office/Surface Water Protection Section NPDES Unit North Carolina Division of Water Quality 1617 Mail Service Ceno r Raleigh, NC 276( Internet: www novater Location; 512 N. Salisbury St. Raleigh, NC 276N. Fax l9) )7-631)0 Customer Service 9) 607-6492 1.877-62.3.6748 An Equal opportunitylAffirrttattve Action Employer — 50% Recycledll0% Post Consumer Paper Permit NC0035041 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, Carolina Water Service, Inc. of NC is hereby authorized to discharge wastewater from a facility located at the Hemby Acres WWTP NCSR 1582 north of Indian Trail Union County to receiving waters designated as North Fork Crooked Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts II, III and IV hereof. This permit shall become effective November i, 2008. This permit and authorization to discharge shall expire at midnight on October 31, 2013. Signed this day October 7, 2008. n H. Sullins, Director ivision of Water Quality By Authority of the Environmental Management Commission Permit NC0035041 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and dischargefrom this facility arises under the permit conditions, requirements, terms, and provisions included herein. Carolina Water Service, Inc. of NC is hereby authorized to: 1. Continue operation of an existing 0.3 MGD wastewater treatment facility with the following components: • Influent pump station • Manual bar screen • Two aeration basins with mechanical aerators • Two secondary clarifiers • Four aerobic sludge digesters • Two tertiary filters • Chlorination with contact tank • Post aeration • Continuous flow measurement • Liquid dechlorination This facility is located at the Hemby Acres WWTP, off NCSR 1582, north of Indian Trail in Union County. 2. Discharge from said treatment works at the location specified on the attached map into North Fork Crooked Creek, a class C water in the Yadkin Pee -Dee River Basin. Facility = Information Latitude:' Loneitude: USGSQuad: ' Stream Class: Receiving Stream: Permitted Flow: 35°06'.14" 80°38'02" Matthews, GI6SW . C North Fork Crooked Creek,. 0.3 MGD Sub -Basin: 03-07-12 L Carolina Water Serdice, jnc: - NC0035041 Hemby Acres W WTP Permit NC0035041 A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics' - `.- Discharge Limitations - ' 'Monitoring Requirements . A,. Monthly Average 'Daily ,• Maximum ` Measurement ',, Frequency - Sample Type. - _ • .. Samp[e�Location 1 - Flow 0.3 MGD Continuous Recording Influent or Effluent BOD200C (April 1- October 31) 9.0 mg/L 13.5 mglL Weekly Composite Effluent BODE, (November 1- March 31) 15.0 mglL 22.5 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mglL 45.0 mglL Weekly Composite Effluent NHs-N as N (April 1- October 31) 3.0 mg/L 15.0 mg/L Weekly Composite Effluent N as N (November 1-March 31) 8.0 mg/L 35.0 mglL Weekly Composite Effluent Dissolved 0xygenz Weekly Grab Effluent, U, D Fecal Coliform (geometric mean) 2001100 ml 4001100 ml Weekly Grab Effluent, U, D Total Residual Chlorine3 17 pg1L 21Week Grab Effluent Temperature (effluent) Weekly Grab Effluent Temperature (instream) Weekly Grab U, D Total Nitrogen Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent p-4 Weekly Grab Effluent Footnotes 1. U: upstream 100 feet above the outfall. D: downstream 200 feet below the outfall. 2. The daily average dissolved oxygen concentration in the effluent shall not be less than 5.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 µg/1 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 µg/l. 4. The pH shall not be Iess than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam other than trace amounts. NPDES Permit Standard Conditions Page 1 of 16 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. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USG 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 conform, 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 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 tune 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 (3) 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 (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 Version 10/10/2007 NPD1 S PernutStandard Influent samples shall not he ceillccted ,more than once her Betio. Permit tees whose detention time < 24 hours ;hall collect effluent 1e a e lendar dai the total mass Of the concentration grab samples collect Daily 1laxitmt m ith w astewater treatment s\stetus least e etyaLL hrnirs [1 = days detention tan collected at least e e:,t: °sir hours; there must be a minimum o Drat satr:Ittl t 1 durilil a calendar da. = or at. 24--hour p I"he "daily discharge site sample conce tentir4nal and other non -taxi compliance n*itli permit line interval, 4h 24-hour us shall collect Effluent during, a 24- "daily discharge'° is caticial.ite(1 as cc ncentr ttican cuinpri cs the nlea. r satnpLu g ;haUbe s,inaplccl out of es erw da, leer week unless otherwise specific d in the pern►it. expects that saniplvi , shall he cortclucaed on-weekd arts c cept where holidays or other disruptions of uortnal opera prevent week(Ia.i` sanilliitig. 'If sampling is r _gt:.red for all sett en days of the eek fiar any permit: para:metet(s;l, tlialt reclittrenie.tit will be so noted on the Effluent Linutations and Monitoring Page(s). D \\'Q o " 1 he D'ivvmn Department of hsn ironnient and Natural Resources, 1?1IC The North (ar 4bna .ra\t11,nmental. •1lanageinent Commission, Facility- Closure The cessation of .M7 w-atcrr treatment at a pemiittecl facail.ittr, car the cessation under the NPI)) S,.. Completion of facility- closure wi]1 allow tl metrw aNlean Fhe Nth c°:;ticula tin rala collected Ina samples): of the product of es of k "0" (car of indi� clt.Ial all lie considered - 1. tnI ccallected over a pet-icicl of time not exec s must be representaiti °e cal` true clischa:rge {or the receivlt raider 4fl C'FaR Part 116 pursuant to Section 311 of the Clean Water . act. Version 10/10/2007 NPDES Permit Standard Conditions Page 3 of 16 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 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, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit). The average 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 Clean Water Act. 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 limitT The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, 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 Clean Water Act 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 Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 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 unposed 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 $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act 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 Version 10/10/2007 tndarcl (. t1dLtion ['Age 4 ah 16 d. section 4l 4020)(3) rot 402(b imprisonment of not more than 1 year, negligent violation., a person shall be st vic latitatn, of liar rat risonmernt of not more than who kilo!a,'t I 5,000 to $50, tl pena [40 CE-R 1.22.4.1 *'\nt person who knowing-1 condition or limitation irnn and who knows at that tithe that bodily iniury, shall, upon conviction more than. 1.5 "e:ar, or both, l.n the case chi violation, a person shall be subject to at. fine 30 heals, or b th. ;1n organization, as defined of violating the imminent danger provision, be up to $2,000,000 for second or subsequent con ch sectis Fos PC. quent conviction h $ [00,000 per day of v 'Under stare law who violates u { arenlirtaa Any person nnaV h sections its a part not to exceed $10,000 per $25,000. Penalties for Clays II violations violation cc tst cues, with the maximum.. amount 122.41 (a) (3)1 a CF.R 122.41 (d)]. Civil :an Except its pritvidc:d in permit cone 1 inures°" (,Part L. ;. 7), nothing responsibili of the Federal .x° fish kills, even. thou 143- 215.6:1] an adnUtus trari\ 306, 307, 308, 318 or 405 of this Act, or a trader section 402 seal its a pretrea Mo ram approved under section 0 to 525,000 per day of violation, or ahscquent conviction for a penalties of not more than $50,000 per clad„ of or both. [40 (.'I R 122.41 ;a, (2)] or such. conditions or liiru or imprisonment for not more than knowing violation, a person shall be s 2, 303, sections its a permit i t then person in 40 CI-' '122.41 00 per v penalty pernit f this Act. rs amount of any- Class I laetaalt assa„ssccl not tcn t°:,ceed are not to exceed $10,000 per day for each die dtitritng which the Class II penalty- not to exceed $125,000. [411 CFR 6 years, ent danger of death or semi 5t;) 000 or imprisonment of not now-ing endangerment -tot of not more than conviction d can be fined be assesseel against any person lurenients of a lneYrrnir, [North take all reasonable steps to tsiianiinni.ae c'.tr prevent a.ttt discharge or sludge use or disposal in likelihood of adversely affecting human health or the environment [40 ()tl and hazardous ' cntling in this permit frcntn any responsil.:i litie 215.75 et secla or Sectiost consequential datnates, ee_nnpa,rarily suspended. on "Bypass iral;" (Part II. (w. 4), "Upsets" (Part IL C. 5) and "P .11 be construed to relieve the Pea.-tnittee from any fiance pursuant to N(;GS 143-215.3, 143-215.6 or Section 309 Mute is responsible for consequential danxage;., such as Hance may. be temporarily suspended, iabiEtties, or penal l of the Federal ; fish kills, even tl ecltulc. tl,te instituno-don or relieve. the Peru the Permit te:c is c?r tnnav 1ne .ulniect tin uncle°:r NCGS Furt responsibilitti for effective compliaance may be Version 10/10/2007 NPDES Permit Standard Conditions Page5of16 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. 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. 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 Ieast 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]. Version 10/10/2007 la. ..11 reports required by the permit and other information siFrletl by a l�t.r°stra desta.ihc-cl its aragraiph a. above or by. person is I. The authortza(ion 2. 1"lte authori operation of the well field, superirlteiacic;tir, '+ overall responsibility for etri-irc thus. be either a :named individual or any individual occur, The written authorization is submitted t<a the Permit Is -nut Issuing Authority sllall presentative of that person. `1 duly authorized or a. hay. respons;mllilrtt, or i'tn 1nC171"id t°glade in x nt specified eitl lrlated fWaciiitt Changes to authorization; If an authorization under paragr because a different individual or position has responsibility autliori ation satisfyrinf; the requirements cat paragraph (b) o afty reports, ixlforrtaaatic.an, r.at: a rpplicaatitails t<t be representative I10 CFR 122.22 Certification, Any person sig?iaing a docutncilt under paraa following; certification (4(:0 (W FaR r b. of tl operator o overall e11 car having rnav make th "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property 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, 1 am aware that there are significant penalties for submiitting false information, including the possibility of fines and imprisonment for knowing violations." a permit n10 cipitted noncompliance does not star a 13. Permit Modification, Revoc 'F'he issuance of this permit does not permit, revoking and reissuing the pertt- contained in "1"i.tic 1(.), Code of Federal Re .Administrative Code, Subchapter 2f1 .0100; an( 14. Annual Administering and Compliance Montt The Pernnttee rllust pay the annual iulininistenng are billed b1- the livisitlil. Failure to pay the fee in a rime' may cause this the per Parts 122 and 12:3; end Statute 14 2 Section C. Operation Certiti tl t;,)pc^rau Upon classification tf the lsernattted aciliti 1n the C certified water poll:uri.ctal cotatrol treatment sstetn operate Control. treatment ststenl. arch of eratctr seta t latrld a cer classification assigned to the water pollution crcantractl t: Pernuttee "mist also employ one or more certified Back-up ORC type of the system. Tack -up (. )RC, must possess a grade equal to of the system [15,°. NC.AC 8E3.02011. Rec tore nests pliance morl.itctx annex ill accorda Pcrllxittian. Controls nd moclift lug flee and regulation the 'North, Carolina file will e with 15.„A.. NCAC 211.0105 ilai the I'ermittee shall employ a ie (ORC::) of the water pollution :ctuivalent to or greater than the ertificaation Commission. 'l he a currently valid certificate of the one grade less than) the grade Version 10/10/20 '7 NPDES Permit Standard Conditions Page 7 of 16 The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility 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 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. 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)]. 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 IT. 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. Version 10/10/2007 Ni PD ES 1't° dard (:on shall comply with all exis 40 (la'R Part 503, any pet reopened and modified, or revoked and reissued, Pernrittee shall comply with applicable 40 CIaR 503 Standart aced laapass, .after hree concl _l Porn lace who wishes eclrnten prortatalgaated) within the time provided in the rel ta.lation, even i.f the pent reelutrenlcnt. The Perniittec shall notify the Permit Issuing Authcaritv of any s. or disposal practices, he sociated with the treatment fa Permit Issun is Issuing; .luthorit .ctia.)n. 5. Upsets a. l.i;ffect of an upset [40 CFR 122.41 (n) ubttt d provided in any current or future system -wide collection system n approve all at tac:+tictarlalrliance was caused by ulasct, surd. be subject t Conditions nec.essart for :r demonstration of upset; affirmative defense of upset shall deralonst,ratte, tllre other relevant evidence that: (1) An upset occurred and that the Pernaittee can idcnt (2) The Permittee facility was at the time being proper' operated; (3) The Pernuttce submitted ncatice of the upset as rccltlit°ed in Part I1. L. (i. (b) of this l (4) The Pernlittec complied witla xny rc^tueclial. measures required 'under Part I1. B. 2. .Burden of proof [40 C,l"R 122.41 (n) .0i1: upset has the lrurd.eta of pluuf itt a et c adverse effects, e: its Pa requirements of t,-s that establish the i°ating• Ica}s, tar The Pernlittee seeking to establish the occurrence of an Retaaor ed Substa{nets Staltds, sl;udfes, filter baac.kwash, or other pollutants te.m n-ed .in tile. course of treatment or control of w.astew sllall lie tttilirt:d/'disposed of in accordance with ?V(;(,TS 143-215.1 and in a manner such as to prevent any. pollutant from. such materials from entering waters of the State or navigable waters of the United States. The Pertn.ittee Federal regulations gc,veraung the disposal of sewage sludge. Upon promulgation of saunl 'tutllorir fear the utilization,/tit posal of sludge may he requirements at It) (1 R 503. rtd Disposal of Sewage Sludge Power „Failures ,The Reliability culler by means Section on D. Monitoring and Records 1. apt. Saatnple°s ccallectecl aarld measaarcrnent taken, as retluised herein the permitted discharge. Samples collected at a frequency less than d characteristic of the discharge over the entire pert( monitoring paints specified in this permit nand, unless t:pthe both- of water, or substance.Iorlitorin f the Permit issuing, Authority[0 (la"R 1?2.4! ij tcrs rporatt the- ng°c .ira its! \ NC\C 2 ctrical d effluent. ractetlsttc c>t tilts 'orange rYatl taatttre cat all be taken on a day and time that is A11 samp shall be taken in tlue efore the effluent 1ouas or is ddtatcd taaat be changed wit.h•out Version 10/10/2007 NPDES Permit Standard Conditions Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarizedfor each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR I, 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: NC DENR / Division of Water Quality / Water Quality 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 shallapprove 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 Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 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 Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [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 Version 10/10/2007 NPDES Permit Standard Conditions' Page tit cif i 6 coplei of all reports required hy this permit copies of all data used to complete the application .for this permit These records or ciipies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period inay be extended by request of the Director at any time [40 CFR 122..41,1, 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Pennittee shall record. the following information [40 CFR 122.411: a. Thedate, exact place, and time of sampling or measurements; b. The individual(s) who performed die 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; toad f. 'The results of' such analyses, 8, Inspection ,;ind, Entry The Permittee shall allow the INrector, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other docinnents as may be required bv law, to: a. Enter upon the Permince's premises where a regulated facility or activity is locate( A. oiidticted, or where records must be kept under the conditions of this. permit; 1). Have access to and copy, at reasonable times,. any records that must be kept under the conditions .of this permit; c, Inspect at reascarable times an fiicilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and 4. Sample or monitor at reasonable tirnes, for the 'Imposes of assuring permit compliance or as otherwise authorised by the Clean Water )ct, any substances or parameters at inn- location [40 CFR 122.41 0)]. Section E Reporting Requirements Change in Discharge All discharges authorived herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this tnit more frequently thin cir at a level in excess of that authorized shall constitute a violation of the permit. Planned Changes The Pernuttec 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. "Ihe alteration or additio.to a jx'rrnittcd 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 Innitations in the permit, nor to notification requirements under 40 CFR 122,42 (a) (1). e. '17he alteration or addition results in a significant claange in the Pertinttee's sludge use or disposal practices, and such alteration, addition or change may justify the applicatiiin 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 .pertant application process air not reported pursuant to an approved land application plan. 3, Anticipated Noncompliance The Perinittee 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 pei mit [40 CFR 122,41 (1) (1)1. Version 10/10/2007 NPDES Permit Standard Conditions Page 11 of 16 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 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, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMA. 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) R. 8. Other Information Where the Perr ittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect informadon 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 circums tances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Version 10/10/2007 Persons reporting stacla ct:curte t:c s knowledge of the c.>c ttrrence, Av:iil.alrili SC:: Of the any. f Reports a determined to he eports prepared in" ,1s rcyuirc any such certificatioti i.tt any. rcc monitoring reports or reports of cot .not more than '$25,000 per violation, or lr (=li) CFR. 122.44. telephone shall also file a confidential under (Cry 143-215.3 (a ,tccxfrldance with the terms shall be availabi Act, effluent data shall not be consider 12. AAnnraal Pe Pernuttees "wh report to the The report shall sutn.tnar the facility was compliant with applic;al he report shall be provided no later than which Annual period is used for evaluation. s g _:1ut ihties that collect cxr treat rttui cipal or e rit;t and to the a.19ers/customers served by. the Pe •epc rc:e cif th.e ccallec PART III OTHER REQUIREMENTS uttt e. avided for in. rll pros `\CGS. 143-21.5. . d rules pert.uni Section A. Constrara ttcsn Pertnittce slaail rant ce tnc nce construction of wastewater treatment i t.ilities, nor add to the plants trc ttnetat capacity, nor change the treatment pna.css(es) utilized at the treatment plant unless the Diy-isie.rn has issued an luthori atinn to Construct (ACC) permit. Issuance of an AtC will not occur until Final Plans and Specifications fer the tat posed construction have been st.abm:i red by the Pertaittec and approved by the Division, Section B. Grog ner NGomto The Permitte°c sha cictcrm. Section C. Changes in Disc, arr es of.Toxi,c: Substances '1 he Permittee shall ratify the Permit Issuing .°t:utlrc ritl as sc; aa. That any aetiv1tr has a: ccttrred or woccur basis, followrn (1) One hundred nucre.aagratns (2) Two hundred anuct°cigra per liter (500 lug/L.) for 2.-1•.diner (1 mg/1..) for antinacrnl maximum cutrcentration value re.) tied for that poll>erti duct groundwater mo.tutor°rng is may be re uired to e current groundwater standards. it knows or has reason to hclievc: (-lf.! CF% 1 22.42): b. That any infrequent l:aasi.s, t: of the follow xic pollutant which is uted ira the pert he disclaargc, t:ata <i re utirre c r firer,, charge will exceed the highest o lein and acr lotutrile; five hundred n -4.6-dinittophc.nol; and one millign occurred ear w ll occur which would result is p+:allutatit which is not limited in the permit`, if chat discharge will exceed the ification levels'°: permit appl 0n a non-ro Version 10/10/2007 NPDES Permit Standard Conditions Page 13 of 16 (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. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 daps 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. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provideadequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger 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 of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system 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. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. 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; b. Pollutants which will 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; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. 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; e. 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; Version 10/10/2007 NPDES "Per Page 14of 1t Pc CaLI, Poll quan Any t cutting ot presence of toxic gases, vapors, or, Aker health and safety p.n. discharge point: de ted 1:av . of mincraal cail origin in amounts that will PUTW in to l atlt regard to the c:ffluc$nt recluireataettts 1:isted ira 1'aart I of this permit, it naaa Iaa: zae a essa,ra for the l ex,at ittee to supplement the requirernents of the Fecl ,al Pretreatment St:ant.arcls (40 CI�11., Part 403) to ensure compliance by the. Pernuttee with all applicable effluent limitations. Such. actions. tttae faa^ tic:tcssat~t re#;*at Iiti sc.stnr c.it all caf ilia ir.r.clt¢stries c1i charging to the municipal system, 1'he Federal 'Pretreatment Stan( wastewater water from any romul[;:atecl in respun industrial user~, the Per nfluent to the permitted )ivisictn a Pretreatment; Pr<a ,rain fcar :apinrcays,tl per I5,\ NCAC 2[1 'retscaattnrerat Program per 15A.. t` shill be modified, or alternan menu Program or to include a compliance schedule for the development o I rain. aas required under Section 402(b)(8) of the Clean Water _\c¢ and lnlpteaneftt d State pretreatment prorani, its apprc_rptiate, modify an existing Section C. Pretreatment Programs Under author to arffsecticatas 30Y(la) :a ('1R. Part 403, Ntardr ,0900, and in accordance with th referenced in the Pretreatment P ) °sand 1f)2(].n)(8) of the Cm Statute l43- 215.3 f 14 approve *r#rain Sat atntent t ed, to i Water „Act an(" The Pe_t,mittee shall operate its approved pretreatment program ua accordance w Water Act, the Federal Pretreatment Regatlaaticaus 40 (FR Part 403, the Stale. NC :.1C 211 .0900, and the legal authorities, policies, larctcedu.res, ;and financial pretreatment program submission and Division approved naodific°atitatts there of, but is not limited to the implementation of the following cc:andiduns aattd requirements: 4, Sewer Use() rdi wince (SU()). The errnirtee shall maintains adcljuate legal awl Industrial Waste Sur�vt The Perrrnttee shall u system at least once every tive data to specific pretreatment lacy by Para II, Section. D, and (I \VS) adus t°ria approved il:[onit t plant T-{cadwo later .from the P Division a.pprova .altprr->v a POI ttaittc rettaal<atia>ns 40 21-1 402(1)(8} caf the C leasr Regulations 15:\,. ch opera a approved pretreatment program, cticm of facility specific Iop.uitnt o lac: D'1IRs (as required s .<\natltsss (1 [4 •``<11 at least can.ce everT, five Fears, rind as rcaltairaal 121° the 1)ivi.siota. Within 1)0 cl<a s of the effective date r:af this subsegaaetxt pert anit nacaclific atican) the Pernuttee shall snbnait: ten the I)i€isican a av°titters technical evalua of the need to revise local lunits (ie. an updated. HWtil or docutnen.tation of why one as aaot aaeeded) [40 CFR 122.44]. The Perini., tee shall de.velcap, in accordance with 41) CFR 403.5(c) and 15.A NCr\C; 21-I .0909, specific Local Limits to itn in 40 CFR (103.5(a) and (b) and 15. \ NC.:\( 211 ,0909, Version 10/10/2007 NPDFs Permit Standard nditions teas . Y, of tdi atr". In accordance with NCGS 143- `15.1, operation of pretreatment equipment and dischar shall containlimitations', sampling protocols, repo conditions, and compliance schedules as necessary fear the technologies to assure that their wastewater discharge dli meet all applicable pretreatment standards and teyuirements. The Perrnittee steal' maintain a current Allocation Table (AT) which summarizes the results of the. Hcadworks Analysis ([ A A) and the limits from- all Industrial Users Pretreatment: Permits (11,3P). Permitted TUT loadings for each parameter cannot exceed the treatment capacity of the I'i:)TW as determined by the l:I\1;A. Ainhori anon to Construct ( The Perrrnitiee hall: ensure t industrial users 1`tat. the con an AtC, the proposed pretr comply with all Industrial Use retltntr Mo nduct imp nt program in order to deterrnine, dth applicable pretreatment standards :aigniticant Industrial Users (SJUs) a;t Significant Industrial Users (STUB) at pollutants, once during, the period from m July 1 through December 31, exce calendar pear:, ietnts outtr IAC e Pem igego quire all Industt Lasers to comply wi ed in the Division -approved pretreatment 0908. Plan and o nulgated pursuant t(n sectitatt 307 schre standards as set forth in 40 nt actions shall be consist industrial users, ,etrans t works. °I'hesr permits appropriate standard and special ation of treatment and control Authorization to Construct perrnnit (* tC) is issued to all applicable i.fi:cation of any p:retreattnetrt facilitl. prirnr to the issuance of nd treatment process must be evaluated for its capacity to rrnit (IUI') Iirnita.tcttns. f j, surveillance, wand monito, g activities ans described in its Division. of inform t:tttntx sntlalnlied by ;industr%d tee muse alendar yea vice prir calendar year for all trough June 30 and once during the compounds which shall be sampled the applicablee ronito`tttg and re ogratn, the industrc's appropri rte. rearneeltes for violations of all pretreatment standards. d (c) of the Clean 1atetr Act (40 CF,R 405 et. tied.), pr nhibitive 403,.5 and 15A NCAC 211 .0909, and specific localliniitationss, crth the Enforcement Response Plan (ERP) approved by the e Pertnntee shall telnanrt to the Division in accordance with 15A NCAC 2H .090 mural reports, Modified Pretreatment Programs developed Lander 15'► NCAC iiecl to meet Niith Division personnel periodically to discuss enforcement of pre# ther pretreatment irrnlnlernnernt aritrnn isues,. pretreatment pro,;ni ranr a,. eport (PAR) describing its pretreatment activities over the previous twelve months Division at the following address: NC DENR / DWQ / Pretxeatrnent Unit 1617 Mail Service Center ,Raleigh, NC ` :699 1617 ng lent retlurrerments 11 submit two copies he Version 10I1'Q 2t " reports shall be submitted according to a schedule established by the Director Narrat A briefdiscussi n of reasons for, ta:tu Users (Sills) in Si air gat t Nc n Coniplia 4ttlt Prolraxn Stntfnrnary (PPS) specifi (1 SI public ire o th violatiot iortnns approved l ny data :it, t > l of ary (PPS) N and the actions taken of proposed to c Division, IDS and a horns Carte (SNC); pecific forrxns approved b sample:, co , lti tical resu ;;ted by both the PO', roust be reported on otherr specific fcatrnnat approved by the Division; rmaton ncl the Si al Data cif the POT"X"s allocation table, new cartxtodified farc,snent conxplianc schedules, notice of Sills in SNC, and any other unfortrnatitntn, nnl on request, which in the on of the Director is needed to derertnunc compliance with the pretreatment rnentatiotn requirements of this permit; public No The Permittee> shall publish annually a list of Si t ihcattt` Industrial Use (STI.i's that Non -Compliance (SNC) as defined in the Pernuttec s Division -approved Se w t It a t: t lii rice, 7th applicable pretreatment requirements and standards during the previous twelve month periods This list shall be published within four months of the applicable twelve-month period. Jtecmord ;"epirtg The Perini ttee shall retain for a munit with support information including general records, paten: quality records, and records of industrial impact on the PO TeX . Fun dit dal Report The Persnittee shall maintain adequate funding and approved pretreatment program. l l �etion tt Pretreatment Progratxns to the approved pretreatttneint prograt n `itxclnading bent ns, POT'X' monitoring of their Sigxnibcata Induslrita1 Users (SIUs), and Mo inns, shall be considered a permit modification and shall. be governed by 15 NCAC 1,i NC C API .0907, rd's of monitoring acti itics and results, along g levels to accomplish the. objectives of Version l0i'l#lild7 SOC PRIORITY. PROJECT: Yes No x if Yes, SOC No. To: Western NPDES Program. Unit Surface Water Protection Section. Attention: Dina Sprinkle Date: May 14, 2008 VPDES STAFF REPORT AND RECOMMENDATION County: Union Permit No. NC0035041 PART I - GENERAL INFORMATION Facility and Address: Henby Acres Carolina Water Service, Inc. of NC Post Office Box 240908 Charlotte, North Carolina 28224 Date of Investigation: 05-08-08 Report Prepared By: Samar Bou-Ghazale, Env. Engineer II Persons Contacted and Telephone Number: Mr. Larry Henry,, (704) 361-0641.. 5, Directions to Site: From the intersection of SR 1582 (Idelwiid Road) and SR 1525 (Mill Grove Road) north of Indian Trail, travel northwest on SR 1582 approximately 100 feet. Turn left (south) onto a gravel drive. The WWTP is located at the end of the drive. -.7.45?93 j & L_ eAr// . L)ischarge I'oint(s). List for all discharge points: . I,4'' /fl '' 4 'rC Latitude: 35° 06' 14" Longitude: 80° 38" 02" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 16 SW USGS Name: Matthews, NC 2. Site size and expansion are consistent with application? Yes_ No If No, explain: N/A 8. Topography (relationship to flood plain included): Flat slopes. The WWTP is located in the flood plain; it appears the facilities are protected from flooding. 9. Location of nearest dwelling: Approximately 200 feet. 10. Receiving stream or affected surface waters: North Fork Crooked Creek. a. Classification: C b. River Basin and SubbasinNo.: Yadkin and 03-07-12 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is approximately 30-35 feet wide with a flat stream gradient. The stream appears to have considerable flow. General C classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1.. a. Volume of wastewater to be permitted: 0.300 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? 0.300 MGD. c. Actual treatment capacity of the current facility (current design capacity)? 0.300 MGD. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing WWT facilities consists of an influent pump station, manual bar screen, two aeration basins with mechanical aerators, two secondary clarifiers, four aerobic sludge digesters, two Micro Floc tertiary filters, a holding tank, chlorination, chlorine contact tank post aeration, liquid de - chlorination, st�.ndby power and continuous flo measurement. ki6 ‘ G r6D‘ic Lr�,ui .9 f. Please provide a description of proposed wastewater treatment facilities: N/A. g. Possible toxic impacts to surface waters: N/A. h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DWQ N/A b. Residuals stabilization: N/A c. Landfill: N/A d. Other disposal/utilization scheme (specify): Waste sludge is removed and transported by Bio-Tech, Inc., to a facility located in South Carolina for final disposal (permit# ND0069761). L L 3. Treatment plant classification (attach completed rating sheet): Class II, see attached rating sheet. 4. SIC Code(s): 4952 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 05 Secondary: Main Treatment Unit Code: 05107 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A. 2. Special monitoring or limitations (including toxicity) requests: None. 3. Important SOC, JOC or Compliance Schedule dates: (please indicate): N/A. 4. Alternative Analysis Evaluation: Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other Disposal Options: N/A 5. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that NPDES Permit Staff .Report Page 3 may impact water quality, air quality or groundwater? No hazardous materials are used at this facility except for chlorine. The existing discharge is entirely domestic. No adverse impact on air, groundwater and/or water quality is anticipated. 6. Other Special Items: None. PART IV - EVALUATION AND RECOMMENIDATIONS The permittee, Carolina Water Service, Inc. of NC is applying for renewal ofthe permit to discharge treated domestic wastewater. The wastewater treatment plant appeared to be in good operational condition during the time of the investigation. Pending review and approval by the Western NPDES Program Unit, it is recommended that the NPDES permit for this facility be reissued. Signature of Report Preparer Surface Water Protection Regional Supervisor Date NPDES Perm- Staff Repor Page 4 July 16, 2008 Mr, Martin Lashua Carolina Water Service, Inc. of NC P. 0, Box 240908 Charlotte, NC 28224 Subject: Draft NPDES Permit Permit NC0035041 H.emby Acres WWTP Mg.kleaaburg County Michael F. Easley, nor William G. Ross Jr., Secretary North Carolina Department of Environment and Natttt.'tl Resources Coleco Sullins, Director Division of Water Quality NC DENR NARO D,urface Wafer Pro dior Dear Mr, Lashua: Enclosed with this letter is a copy of the draft permit for your facility. Please: review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains no changes from the limits and monitoring requirements found in your current permit; however, the facility description has been updated to note the addition of dechlorination facilities. Please submit any comments to me no later than 30 days following your receipt of the draft pertnit. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public Or from you, this permit will likely be issued in September 2008, with an effective date of November 1, 2008.. If you have any questions or comments concerning this draft pen nit, ca extension 547. Sincerely, Robert L. Sledge Point Source Branch cc: NPDES nit File e at 91.9)733-5083, NoOrthCarolina Naturally North Carolina Division or Water Quality 1617 € oral rune Center Raleigh, NC 27699-1617 'Phone (919) 73--70I.5 Customer Service Internet: www nrwater'quality-org Loeatioo Sl„ _ Salisbury St. Ralci''h, NC 27604 Fax (919} 73:3.2496 I-877-623-6748 An Equal 0PgtortunitylAUirmalive Action Employer - 50% Recycledllp% Post Consumer Paper Permit NC0035041 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, Carolina Water Service, Inc. of NC is hereby authorized to discharge wastewater from a facility located at the Hemby Acres WWTP NCSR 1582 north of Indian Trail Union County to receiving waters designated as North Fork Crooked Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on October 31, 2013. Signed this day DR FT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission! Permit NC0035041 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. Carolina Water Service, Inc. of NC is hereby authorized to: 1. Continue operation of an existing 0.3 MGD wastewater treatment facility with the following components: • Influent pump station • Manual bar screen • Two aeration basins with mechanical aerators • Two secondary clarifiers • Four aerobic sludge digesters • Two tertiary filters • Chlorination with contact tank • Post aeration • Continuous flow measurement • Liquid dechlorination • Standby power This facility is located at the Hemby Acres WWTP, off NCSR 1582, north of Indian Trail in Union County. 2. Discharge from said treatment works at the location specified on the attached map into North Fork Crooked Creek, a class C water in the Yadkin Pee -Dee River Basin. {` 1. • :; Y �? v °r � g• a . • .. r t ( . S`'- 1 r - , 'LIB y-i? i "j .�5,' _ -• yd .•;t• F oe F • �1 �. .• ' } r; !rs''` 1 5 'lr" • 'r� y ?.'-iz• i 4': L "¢ ;a s r'_w.ln.., I ff �� - "I •J J� 5 i• to d. ,,.. ! i 1 ( - �',ti. 1, x '4.. rr7 _ _ 4. ' ' Il l•,, -..: i, •+. \ti'yr f •ti,, '• -" o •, ' y� r C S r • .• :.1, , - _ ! }' . 1 } x- • }4° �� "•} ; ,Gr pia ' 04 ,}� + ,9 1• •�}� _ t �.. I r' `} r' { •f •'+s„ 4. t. e•r irr 'rr• ''' `• sr '"�_ a>'r0 ` i •` 1 yx,.• f •�rc'p';,,.f ..r,f'•• r-:,,(:•-„,,,,,,,,-- •• �.-r ,j J.? i€'.y 'Y •r F rrr • g ;-', ',.` f TI g1 Y't i. r - r! f! •{��- _ _• ti • i' ' a v jr•�ro i "tit �' ...---5 1 i V:' �.- •1 !!y 41 "r 4a,,,; t ry fir. °- • �.4<': .r I ...t ,°'i.„Li ,....r .,,t- N1 ' I 5 ' • i � 9 i T• 3>44 r -4 • t. l•,_ j• I ^, - i $� "•.1 I f ..,„,„1.. 3� a •_Le��- 4,'S y f �,i4a��ti�. •", y • A ,` 5 r ' to, ' ,f Y .i4_• _ __��t .t�! S;1` ►' l:'vnA � a�'°i a�-Cl ,�, d * ,�Z t _ �.�.-31 1 f� S, :=-_µYy7 Imo} 1x �Gl�'%,+. ti� . ,°t'al'� ! r i'a. ' u rv"Q ,�• •fit r ? £ r� try- '• {`•[H, _'' • r' , r, 7+' • , n } N. 22 J` ,a • t tti- r �� 1 , , ;r --- . ` _ ,L': r .... 1 r �` , prr f .s',.:;,1 • ; i.'i".�a•i r-i y t. - - / 7. rri-.°' L [Y- '+' S 11 It` v �I frati..• !. I• ''' • ` .a..r N "N- J -'.,,----------1 e " 1 1 '� iY` .• •j, .. '•�7.Ir— M1 ",-r-"1�/✓fI 1 J • 5c• C'+ _ �S1. .�J•r •'�•.: '` "''�'•1 = i.�• � 1 r Iv • - .,, - .•^f yF ,[ ±I ry'„J ! k ..5 ,l • }�6, • 4 47 i fCcT 4,i - 5 i" r5''5,. s f .+ �� i I' • � ' 4r` r " IV +; ?4 s,S• r. :' .� �l : S`. ti" • f .: 'Y r �fr✓ . I. 'S 1� Jsr i' 1 : r'°`�•r t is •.-. .7 ,. d .+r . # r .f q�' _ " _ ./ ; r X, L I ' %°•`y''i ii:', �• Y� ti' .J"',rr •I , I ���,'+llls�sa. , 1 _ +r-rY t k F- i'k 'AI�''t�,„,. iT• _ _ -4''� _ f'`9rj�1' :r� i- I � �p dy,=y,'"�r ~ V , _ 1i}IJ 'r 1 r i h9hitg'• ��LL f,ti1� 1 �F ) t #} arc �, • - Yry 1 r '.i I 1 \ - ' J c�,,•, •,., ;.• •fi/a f'' r �JJ, ! i}y} Yy " 0 - 'r ,. }J. �; '•/�� I!I �:3 �� : '-"" 1�' rb d p -T -// 1ti ,; i-' �/•:r ti,� t i f - — V N '�—� . E " r' f�`. y �;1 r! 4 r ! . ° J f �' I rY �i' 'k ' .5 y ,. i 1 - ' j" !1, i + rI ! r,•r" �d+-1ti' \I`---;� r •r, -� yr,` 4. ti %1 Y ' • "-` i l + ) } 4 \ L, •, +l : r1-' •'`i .#1.,_ �y - �y' ` - f :. _ ,sr, i , • ; �. • i. ; ": "`-t' 1 a'tr3:••' ' ; ' d f 47`,;•L�"`-• '+ % -�3•6 • 'hQy. a I s 4 f t� •',•j ✓f.) -.1 r • •5 :� •�r ,t- rl� .? --• { ri , �� 71' ,sF I 1 �/r`• {,{-�F`�I ,•I fll ry•..7 I • y, •• �.:=' •".,'," °: ,1/3.f - 'N , ;N:''' '! !. - t 5. -,s- r i} .••� .. •..�� „kr; L. •r••'S""'� Y _c _ '' • a k''C• �. s�•"'n +•dF+ ` a r ` i ' .IS.Ic•)0 ;. •. % .- 1.::" .i•.� jy�r+�, T. 3'i-.tY'".W'F '1 S i rt.1• �5/ 1. I+I- ''h. S' yk �r?�'" ''� . +A ;�f'ry' ••• .., '`1• -I• L , ,r 1 S ^'+" • L - • • t' i .s... ! '� I/ -/c,i _ f �,••• r, ti • `•, .t. �ti: •�, i ' + ^'�., ?`. J� '•{, 1 i• r� ry� :z s� +5, 1 (i, . r- ',�"F'i' F{ 1i r 'yt;J s k9'•-,.t.,% 1,J?° a,..=•i4'.•f -' _ [ r� I l �9 . F r I J l a i� { I ' J•r i--� f a -+ ' J k i ' ..`, , �'„ '4, • -• _ I }• I '"' JJ ` �,," ` v ✓ fir ' t f t• r� _.i,•f 4 F -- f ,,cs—N f f •" 4' + - .' 'i µ.me. ,.., . r` riF } ?rj`y !: �' t" yrr�•iu•r5, y ty 1�...„?.,"'-',„•..(" �. I � k` --+t _'' J - +� tit % • ,f ischarge'Pount A , ; �• �i I �:''' P - •' ;; FSPl F•.I- . !.a { €J �lz.{•�,,, .Sly.: , + :,. , ' rl-!?.?,j: , 1 Y i'� rr .r •. ,:- •• •J r l r_ r i �7; F a� # may a� r , �',� r�'. r— ;+{ y _ t r y •.1,.'s-r I 7, 1/ f .•.' .\]] r' l7 a , 1 s —, ,. , r"s ,>' y r ]ri 1 J° -,:•a :. •� "% ,t �: . �+ ,rti.`. ''�, � -. 1 i C>r ,� 'G�irn �% /,j'{ J'�• ir. ''''‘'•1 `� I:� f•'l r '� > !;: .11 ".x. ".r ' I 1 r 1 rh K f ; .r% � ,Z1. a.•r \C-. • f"' - I r J�. f • • ..,�9¢ }•5r i I 'ty�' , jp .f ✓ ttii � Y i G•i rfl f , E .J ,. -,, • Alt 1 :i-. �ti • - P ~ 3r�+\', y. _r p1 .0 9',Iir ,3 •'y I f-•+.�,�; f '. "s _ ••-• rL +• ieti�4 5-' ?c ri- ,, :i. JF .� { yr _•+;5 �f_b>"' .l[ �y'�,. ' `i { ♦.) +t tyS 11 L} 'a+ ~ r•�t. /.• ray "! f? J , r - r . -y� 4 i . ii y .Sr ., j^ r '1 5. � rr r bl yj f( ] t ff r• l- d' • r a;'}>,i • ti 4� t....\. 41 e, l � Z• :11 31 S �� S i ..•(. 1': , y /'+ , . trt I .r '-.; 6-•.-`.•� ......"-."1:' ! i fa° M1 ``, r ' Al i LZ'1 .. °,L�§r ��.. f•.r,.J�� _ fi' r . i f .,t;. •- r~fi*`ti d•q - ; ` • 6 ....._,.n F�• >l. r 1 '!: J ♦ : i 1 � E .fir , iK.,_. —1.0.• ,- p• ! 1 i , r' F . -• a • ` .{+! d. • q.�r' e, s �.Uf U w 7 f [+ {] �.. v r /' .4 r `1, • 5t `., j n I - ° / y� .yC'i` 1 I■ . -•,.„!....,,, •J•ia- i •- a 4 +^Li++4--r.; _ •-, i ys r • i '!, ,,,,•,.. -:, , , 1 ,,. '� { 'S,Y� ,aa• �y �4ba //�. I�� •�- i • ,r rqy, � r , :;r r p v i s2 , J, t -> L !•-) f• •�• •• x+ C L f r'� J' I ` ff ' r� 1 T." • s J rr A- r Z la 'R ''- i ,r- ,t .1• f • • .a . p J1...% r !-'4 • 3 �+ ��^' 5-._et • _r LY ,. -, •• r ' �y'J ' 'rF'• f r.,`• -•• I I. 'f I ,e ,— ,• •— ,( t ' > ' l y' • it ¢ •i -, .` '� F ri fit 1+.,. S¢ t r•a{,'.• _.J `,•,'I t fa .{f �{•,',F F• r 3 f a •d` -a 1{- /J{ `�-+ i5 S i''- .1 i ,5 'f _•1 r __ J t .'r - er. j' .. •- f r . r✓!' ` \� • • . _�,'r• j '. ' f. a y -- N1'' - g122 t h. +- le-1 �'" • r' 'r ti d'�/ , 'rl • 9P' 9 i) \ ~'+.w^-r•. ''4. '` Sh• i � ': q fit. /r 7•!• r 1 i- .".. • -,- f ! J 'r • ,r'41 Iisi -- > •, • • :y".� �. r f F • • •y rr+ 4.x5 y. . r y •• t •j t• 14f"• t. • •, i 1. ., + »\ - I['<'•1 hr it 't� 4 't.t • r:-•�•4_r- c. . 'c" ., , ,d,+ ar+t � r�Jr ?. (,5 IIj ee i• i' ry� ♦ r ' ff`y ra ' •+{'� zr ., y�,or wl /�� tT7S arL�a T,� ' il� ��_ •J. •j , ' ri. e ' ' �' :w..:ar . '•�'.. . •tr... T N t-r, it l iS,�S.7 i1F: T1 t`i5 ' 1;I.: + Facility Information Latitude: 35°06' 14" Sub -Basin: 03-07-12 Longitude: '80°38'02" USGS Quad: Matthews, G16SW Stream Class: C Receiving Stream: North Fork Crooked Creek Permitted Flow: 0.3 MGD - Facility` Location '" North Carolina Water Service, Inc. N00035041 Hemby Acres WWTP Permit NC0035041 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: • Effluent Characteristics Discharge Limitations Monitoring Requirements =_= - I Monthly Average Daily Maximum Measurement Frequency Sample Type 'Sample Loocation1 ' -• Flow 0.3 MGD Continuous Recording Influent or Effluent BOD5, 200C (April 1— October 31) 9.0 mg/L 13.5 mg/L Weekly Composite Effluent BOD5, 20°C (November 1— March 31) 15.0 mg/L 22.5 mg/L Weekly Composite Effluent Total Sus.ended Solids 30.0 m./L 45.0 m'/L Weekly Composite Effluent NH3 N as N (April 1— October 31) 3.0 mg/L 15.0 mg/L Weekly Composite _ Effluent NH3-N as N (November 1— March 31) 8.0 mg/L 35.0 mg/L Weekly Composite Effluent Dissolved 0xygen2 Weekly Grab Effluent, U, D Fecal Colitorrn (geometric mean) 200l100 ml 400/100 ml Weekly Grab Effluent, U, D Total Residual Chlorine 17 pglL 2/Week Grab Effluent Temperature (effluent) Weekly Grab Effluent Temperature (instream) Weekly Grab U, D Total Nitrogen Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent pFP Weekly Grab Effluent Footnotes 1. U: upstream 100 feet above the outfall. D: downstream 200 feet below the outfall. 2. The daily average dissolved oxygen concentration in the effluent shall not be less than 5.0 mg/L. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam other than trace amounts. SOC PRIORITY PROJECT: Yes_ No x If Yes, SOC No. To: Western NPDES Program Unit Surface Water Protection Section Attention: Dina Sprinkle Date: May 14, 2008 NPDES STAFF REPORT AND RECOMMENDATION County: Union Permit No. NC0035041 PART I - GENERAL INFORMATION 1. Facility and Address: Hemby Acres Carolina Water Service, Inc. of NC Post Office Box 240908 Charlotte, North Carolina 28224 2. Date of Investigation: 05-08-08 3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer II 4. Persons Contacted and Telephone Number: Mr. Larry Henry; (704) 361. 0641. 5. Directions to Site: From the intersection of SR 1582 (Idelwild Road) and SR 1525 (Mill Grove Road) north of Indian Trail, travel northwest on SR 1582 approximately 100 feet. Turn left (south) onto a gravel drive. The WWTP is located at the end of the drive. 6. Discharge Point(s). List for all discharge points: Latitude: 35° 06' 14" Longitude: 80° 38' 02" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 16 SW USGS Name: Matthews, NC 7. Site size and expansion are consistent with application? Yes` No If No, explain: N/A Topography (relationship •to tlood plain included): Hat slopes. 'fhe flood plain: itappears the facilities are protected from flooding. Location of nearest dwelling: Approximately 200 .feet. r171) is located in the W. Receiving stream or affected surface waters: North Fo•rk. Crooked Creek. a. Classification: C b. River Basin and Subbasin No.: Yadkin and 03-07-12 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is approximately 30-35 feet. wide with a flat stream gradient. The: stream appears to have considerable flow. General C classification uses downstream: PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of wastewater to be permitted.: 0.300 MGD (Ulti•mate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? 0.300 MGD. c. Actual treatment capacity of the current facility (current design capaciO? 0.300 MGD. d, Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing WWI facilities consists of an influent purnp station, .manual bar screen., two aeration basins with mechanical aerators, two secondary clarifiers, four aerobic sludge digesters, two .Micro Floc tertiary filters, a holding tank, chlorination, chlorine contact tank, post aeration, liquid de - chlorination, standby power and continuous flow measurement. f Please provide a description of proposed. wastewater treatment facilities: N/A, g. Possible toxic impacts to surface waters: N/A.. h.Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: a. If residuals are being Iand applied, please specify DWQ N/A b. Residuals stabilization: N/A c. Landfill: N/A d. Other disposal/utilization scheme (specify): Waste sludge is removed and transported by Bio-Tech, Inc., to a facility located in South Carolina for final disposal (permit# ND0069761). 3. Treatment plant classification (attach completed rating sheet): CIass II, see attached rating sheet. 4. SIC Code(s): 4952 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 05 Secondary: Main Treatment Unit Code: 05107 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A. 2. Special monitoring or limitations (including toxicity) requests: None. 3. Important SOC, JOC or Compliance Schedule dates: (please indicate): N/A. 4. Alternative Analysis Evaluation: Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other Disposal Options: N/A 5. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that NPDES Permit Staff Report Page 3 may impact water quality:, air quality or groundwater? No hazardous materials are used at this facility except for chlorine. Th e existing discharge is entirely domestic. No adverse impact on air, groundwater .andfor water quality is anticipated. 6. Other Special Items: None, PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Carolina Water Service, Inc, of NC is applying for renewal of the permit to discharge treated domestic. wastewater, The wastewater treatment plant appeared to be in good operational condition during the time of the investigation. Pending review and approval by the Western NPDES Prograni, is recommended that the NPDES permit for this facility be reissued, ..114,74,7 Signature of Report15-repire Water Protection Regional Supervisor Date NPDES Permit Staff Report Page 4 1\IARTIN L SHUA REGIONAL DIRECTOR CAROLINA WATER SERA` PO BOX 240908 CHARLOTTE NC 28224 Dear Mr. Lashua: INC OF NC No April 18., 2008 Michael F. Easley, William G. Ross Jr., Secretary ina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject: Receipt of permit rene\ wal application NPDES Permit NC0035041 Hemby Acres WWTP Mecklenburg County The NPDES Emit received your permit renewal application on April 1, 2008. A member of the NPDES Unit will review ytatrr application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permits, please contact Susan Wilson at (919) 733-5083, extension 510. Sincerely, Dina Sprinkle NPDES Unit cc: CENTRAL FILES Mooresville Regional Off ce/Surface Water Protection NPDES Unit Oii thCarolina turally North Carolina Division of Water Quality 16.17 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 73 3.7'015 Customer Seaviee Internet: wvvw.ncwaterquality.ord Location: 512 N. Salisbury St, Raleigh, NC 27604 (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper April 9, 2008 Mrs. Dina Sprinkle NC DENR Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh NC 27699-1617 Re: Hemby Acres WWTP NPDES NC0935041 Renewal Request Dear Mrs. Sprinkle, Please find enclosed Application and attachments and consider this le the facility referenced above. If you should have any questions or need any additional information, plea by email at tjkansylguiwater.com Thank you in advance for your attention. Tony Konsul Regional Manager Cc: Martin Lashua Mary Armentrout our official request to renew the NPDES perrnit for do not hesitate to call me at 704-525-7990 x 218 or a Utfts, Inc companyCarolina Wa Service, lnc, of North Carolina P.O. Box 240908 . Charlotte. NC 28224 ' P: 704-525-7990 F: 704-525-8174 5701 Westpark Di., Suite 101 Charlotte, NC 28217 # www.uiwater.com For privately owned NPDES "PLR ATI ►N - FORM D tment systems treating 100% domestic wastewaters <1.0 MOO Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC0035041 this form in computer use the TAB key or the tap — doon arrows to moue fraa!an one To check the bores, click your mouse an top of the box t theratri , pk ise print or ty null' Owner Name Carollrna Water Service, Inc of NC Facility Name Hemby Acres -WWTP Mailing Address P.O. Box 240908 City Charlotte State / Zip Code NC, 28224 Telephone Number (704)525-7990 east 218 Fax Number e-mail Address (704)525-8174 tjkonsulgtnwater.com 2. Location of facility producing discharge: Check here if same address as above D Street Address or State Road NCSR 1582 North of Indian Trail City State / Zip Code County Indian Trail, NC, Union 3. Operator Information: Name of the firm, public ore anix at n or other entity that owes the facility. (Note that this is not neferriny to the Operator in Responsible Charge or ORC) Narne Carolina Water Service, Inc of NC Mailing Address City State / Zip Code Telephone Number Fax Number 1 of 3 P.O. Box 240908 Charlotte NC, 28224 (704)525-7990 (704)525-8174 Form-01►ii6 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ® Number of Employees Residential ® Number of Homes School ❑ Number of Students/Staff Other ❑ Explain: Unkown 708 Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Hemby Acres & Oak Grove Subdivision (1) gas station with restrooms, (1) church 708 connections x 2.5 Population served: 1770 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): North Fork Crooked Creek 8. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. The 0.3MGD wastewater treatment facility consists of an influent liftstation, bar screen, (2) aeration basins with mechanical aerators, (2) secondary clarifiers, (4) aerobic sludge digesters, (2) tertiary filters, tablet chlorination and sodium bisulfite(liquid) dechlorination with a postaeration contact tank. The facility also has continuous flow measurement. 2 of 4 Form-D 1l06 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: _ __._._.Treatment_Plant.Design flow..0.3 MGD Annual Average daily flow 0.170- MGD (for the previous 3 years) Maximum daily flow 0.287 - • MGD (for the previous 3 years) 11. _ Is_this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide rinta for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BOD5) 44.0 8.8 mg/L . _(5) Jan 08_ - Fecal Coliform 620 5.3 #/ 100m1 (5) Jan 08 Total_.Suspended Solids __ - 6.4 .-- . _ _ 1.3 _ _ mg/L.. _ (5) Jan .08... _ . Temperature (Summer) . - - • -.- -25.5 - 23.7 _ - _ - - Celcius 44) June 07 R _ Temperature (Whiter) 17.0 ••- . _ 13.4 ` '-- -; Celcius - - ""(5) Jan 08 . - - pH _ _. 7.20. • : - - ---- 7.0 - -^� _,.'_.- units - : -_ .-.._ - ^ �(5) Jan 08 : ,. - 13. List all -permits, ---construction approvals and/or applications:, Type ' Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSDICAA) Non -attainment program (CAA) _ NC0035041_ _ 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or -fill -(Section 404 or CWA) Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, c omplete, and accurate. (-�[-f �§- b(cycior Title Printe Signature of Applicant 11(j0 Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management -Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 1 106 UtllitiEs, !race April 9, 2008 Mrs. Dina Sprinkle NC DENR Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh NC 27699-1617 Re: Hemby Acres WWTP NPDES NC0035041 Studge Management Plan Dear Mrs, Sprinkle, As sludge and other solids are generated at this facility„ they are periodically removed by a contractor, BioTech, Inc., and transported to their land application facility located in Cayce, South Carolina (Permit ND0069761). Other contractors are available should BioTech be unable to meet a schedule. If you should have any questions or need any additional information, please do not hesitate to call me at 704-525-7990 x 218 or by email at t konsuuiwater com. Thank you in advance for your attention. Sincerely, Tony Konsul Regional Manager Carolina Water Service, Inc. of Ittil Caralina P.O. Box 240908 4 Charlotte, NC 28224 P: 704-525-7990 F: 704-525-8174 5701 Westpark Dr., Suite 101 Charlotte, NC 28217 www.uiwater,00m commencement of your dischE monitoring results must be entc have not received these forms, contact this Office as quickly a (DWQ Form MR-1), plus instr parts be completed, and the on Please be advised that required for your facility. Yo= imperative that the fee be paid revocation of your permit. Michael F. Easley, Go William G. Ross Jr., Secretary North Carolina De artxnent of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Cob= H. Sullins, Deputy Director Division of Wawa Quality DIVISION OF WATER QUALITY November 20, 2003 Mr. James Highly Carolina Water Service, Inc. of NC P.O. Box 240908 Charlotte, North. Carolina 28224 Subject: NPDES Permit No. NC0035041 Hemby Acres WWTP Union County, NC Dear Mr. Highly: Our records indicate that NPDES Permit No. NC0035041 was issued on November 13, 2003 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thaioughly read the Permit: Of particular importance is Page 4. . Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon N. C. Division of Water Quality, Mooresvllk The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. , - Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. • As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. ,As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We Iook forward to providing any assistance. Sincerely, _,en1 D. Rex Gleason, P.E. D Water Quality Regional Supervisor Enclosure A:INPDESLTRWQ Nr DENR 28224 Acc-ordi nts car North d the 1 :- . F n irc aarsaot North Michael F. Easley Governor ' 4 Hram G. Ross, Jr., Socre¢aoy Department of Environment and Natural Resources Alan W. Kimek., P.E Director Division of Water Quality 1 torn 1 nion County our a pplicatrc 43-215 1 and the N,1c dated \Lit r), 1 ),1.1 (or ra, sc final perry it includes no ma. or ch.antes frrat;'n the draft permit s 2003. Pteaso n orc, rhiit-this rlcorr other pc., Resources,. rlic: required.. N. ( DMsic, i' let = Mad Ser.r,:e ao,ia r Internet !i2 e stete.nc.us 'RIGNAL S SUSAN A, Phone: fax. (9 DENR Gusto Li BLS`, ON it \l(yt)()35ff41 North. ether 24, NOV 1 9 2803 Permit NC0035041 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWAi R 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, Carolina Water Service, Inc. of NC is hereby authorized to discharge wastewater from a facility located at the Hemby Acres WWTP NCSR 1582 north of Indian Trail Union County to receiving waters designated as North Fork Crooked Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2003. This permit and authorization to discharge shall expire at midnight on October 31, 2008. Signed this day November 13, 2003 ORIGINAL SIGNED BY SUSAN A. WILSON Alan Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission . Permit NC0035041 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. Carolina Water Service, Inc. of NC is hereby authorized to: 1. Continue operation of an existing 0.3 MGD wastewater treatment facility with the following components: • Influent pump station • Manual bar screen • Two aeration basins with mechanical aerators • Two secondary clarifiers • Four aerobic sludge digesters • Two tertiary filters • Chlorination with contact tank • Postaeration • Continuous flow measurement This facility is located at the Hemby Acres WWTP off NCSR 1582 north of Indian Trail in Union County 2. Discharge from said treatment works at the location specified on the attached map into North Fork Crooked Creek, a class C water in the Yadkin Pee -Dee River Basin. • i9� r� iw l=h`1111a TFli 1.,'� ' ii4� rrl 11n:3s eStii ,.�ikh. • Latitude: -- Longitude: USGS Quad: Stearn Class: Receiving Skean: Permitted Flow: - • 35606'14" Sub -Basin: 80°3$'02" Matthews, G16SW C North Park. Crocked Greek 0.3 MGD 03-07-12•- Carolina water Service, Iuc: NC0035041 HembyAcres WWTP Permit NC0035041 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics , Discharge Limitations - ' , Monitoring Requirements ' . .Monthly Average. Daily Maximum Measurement. Frequency,,,, Sample • Type Sample Location]. Flow 0.3 MOD Continuous Recording Influent or Effluent BOD5, 20°C (April 1— October 31) 9.0 mg/L 13.5 mg/L Weekly Composite Effluent BOD5, 20°C (November 1 — March 31) 15.0 mg/L 22.5 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L _ Weekly Composite Effluent NH3-N as N (April 1 — October 31) 3.0 mg/L 15.0 mg/L Weekly Composite Effluent NH3-N as N (November 1 — March 31) 8.0 mg/L 35.0 mg/L Weekly Composite Effluent Dissolved Oxygen Weekly Grab Effluent, U, D Fecal Coliform (geometric mean) 200/100 mI 400/100 ml Weekly Grab Effluent, U, D Total Residual Chlorine3 17 ug/L 2/Week Grab Effluent Temperature (effluent) Weekly Grab Effluent Temperature (instream) Weekly Grab U, D Total Nitrogen Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent pH4 Weekly Grab Effluent THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NOTES: 1. U: upstream 100 feet above the outfall. D: downstream 200 feet below the outfall. 2. The daily average dissolved oxygen concentration in the effluent shall not be less than 5.0 mg/L. 3. Facility is allowed 18 months from the effective date of the permit to comply with the total residual chlorine limit. This time period is allowed in order for the facility to budget and design/construct the dechlorination and /or alternative disinfection systems. The limit takes effect June 1, 2005. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. NPDES Permit Requirements Page 1 of 16 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. 3 /Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, 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 Quarter One of the following distinct periods: January through March, April through June, July through September, arid 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 (3) 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. FIow 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 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2of16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four 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. The "drily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) 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. The Division expects that 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, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. 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). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3of16 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, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average 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 Clean Water Act. 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, 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 Clean Water Act 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 Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 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 $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligent/y 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 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. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4of16 d. Any person who knowinth 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. [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] • g. 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each. day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [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 which has 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. Version 6/20/2003 NPDES Permit Requirements Page 5of1G 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. 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 Ieast 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, of 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 6/20/2003 NPDES Permit Requirements Page 6 of 16 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]: "1 certify, under penalty of law, that this document and al! 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. ! 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 (f)J. 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 Tide 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. 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 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less. than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: > Visit the facility at Ieast weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: > Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a Ietter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which ate 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)]. 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 duality 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. (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 Version 6/20/2003 NPDES Permit Requirements Pagc 8 of 16 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: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. 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. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by I5A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period 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 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the caseof 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: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9of16 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 Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 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 Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [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 fox 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]. 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; Version 6/20/2003 NPDES Permit Requirements Page 10of16 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 upon the Perrnittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any Location [40 CFR 122.41 (i)). Section E ReportingRequitements I. 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 (I)]. 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). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 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 except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 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, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 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)1. 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 directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 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 of Water Quality. 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. 11. Penalties for Falsification of Reports The Clean Water Act 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 Version 6/20/2003 NPDES Permit Requirements Page 12 of 16 not more than 525,000 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. PART III OTHER REQUIREMENTS Section A. Construction 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 the Division has issued an Authorization to Construct (AtC) permit. 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 of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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"; (I) 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. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or Iaws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. 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 Version 6/20/2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following 1. Any new introduction of pollutants into the POTW from an indirect discharger 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 of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system 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. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. 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; b. Pollutants which will 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; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. 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; e. 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 POT\V, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. 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; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 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 discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per I5A NCAC 2H .0907(b). 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 Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .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. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at Ieast once every five years. 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 Part II, Section D, and Section E.5.). - 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (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 Iocal limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 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 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 Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 NI'I)ES Permit Requirements Page't5 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an. Authorization to Construct permit (At1) 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 (IUP) limitations. 7. POTW Inspection & Monitoring of t} eir SKIS The Permittee shall conduct inspection, surveillance, and rnon toting 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. The Permittee must a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (S]Us) at least twice per calendar year for all permit limited pollutants, once during the period from January 1 through. June 30 and once during the period from fitly 1 through December 31, except for organic compounds which shall be sampled once per calendar year; SUJ Self Mottitnring> And. Reporting The Permittee shall require all i.ndustria.l insets to comply with. requirements outlined, in the Division approved pretreatment or in 15A NCAC 2H .0908. plicable monitor ng and reporting he industry's pretreatment permit, Enforcement Respons ]Matt (ERP) The Permittee shall enforce and obtain. appropriate remedies for violations of all pretreatrnetat standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as stet forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations, All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment A.nrival. Report (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .090& In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically tit discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment progrtatns the Perrraittee shall submit twc copies of a Pretreatment Annual Report (PAR ) describing its pretreatment activities over the previous twelve months to the Division at the following address: 1�1C DENR / DWQ / Pretreatment Unit 1617 Mail. Service Center Raleigh, NC 27699-1617 These reports sh following: a.) b.) subxmrted according to a schedule established by the Director and shall contain the Narrative A brief discussion of reasons for, status of, and actions taken for all Significant: Industrial Users (SIU's) in Significant Non -Compliance (SNC); Pretreatment 1.',rogramSunamary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division;. tficarst -Co Re spe d.) Indus ID S R he violations and the actions taken ter proposed to correct the violations on approved by the Division; Sumtnat-y trms..(IDSF) Verse 6I2Q/2003 NPDES Permit Requirements Page ffa f 1C ng data from samples collected by both the POTW and the Significant Industrial Ihese analytical results roust be reported on Industrial Data Surninary Forms (1DSF) or other specific format approved by the Division; C ther nfira ti :era Copies of the POTW's allocation table, new it modified enforcement compliance schedules, public notice of SIUs irn. SNC, 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; 1 1, Public. Notice The Perrnittce shall publish annually a list of Significant Industrial Users (SIUs) that were ita Significant Non -Compliance (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. 12. Record Keeping The Pernuttee shall retain for a rmnimum of three years records of monitoring activities and results, along with support infbrrnation including, general records, water quality records, and records of industrial impact on the PCYFW. 13, uri r n"' I in ncial R o The Permit tee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment progratta. 14. dification to P lTcadifi.cations to the approved pretreatment prolatri including but not limited to local limits modifications, POTtxi monitoring of their Significant Industrial Users (STUB), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 13 NCAC 2H .0114 and 15A NCAC 21-1. 907, Version AV& NCDENR JAMES B. HUNT JR. GOVERNOR .BILL I-IQLMAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE February. 11, 2000 Mr Jim Highly Carolina Water Service, Inc. P.O. Box 240908 Charlotte NC 28224 Permit No. NC0035041 Hemby Acres WWTP Union County, NC Dear Mr. Highly: Our records indicate that NPDES Permit No. NC0035041 was issued on February 4, 2000 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5. Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 213115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1O% POST -CONSUMER PAPER Mr. Highly February 11, 2000 The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditionsinclude special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansion and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that the Division of Water Quality reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville of you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure DRG:de State c)f North Carolina Department of Environment and Natural Resources Division of Water Quality Jaynes B. Hunt, Jr., Governor Bill Holrnarn, Secretary Kerr T. Stevens, Director Mr. -Jirn Carolina Post OffSCe lit Chaarlotte. "'s s-s•lt Carolrtra Dear 11r, Fliglrly: In accordance \vith the applir di warding herewith the subject state • 'DLS perms rth Carolina General Statute 145_215.. and the 1, the LLS. Environrnental Protect ge 4, 2000 CDENR DRTH CAROUN:A CHEF', ENVIRONMENT AND Permit \umber NCilt' :r041 peril tit received on March 1, 1999, the Division is 'his permit i issued pursuant to the requirements of „trandum of greement 'between North Carolina and tte.d December 6. 1985, if any parts, measurement frequencies err sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request w•ithin thirty (50) daay°s 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. 6714 Mail Service Center, Raleigh, North Carolina 27699.6714. Unless. such a demand is rnade„ this permit shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of NA`ater Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. 1f you have any questions regarding the attached draft permit, please do not hesitate to contact me at telephone number (919) 75,7.5083 extension =555( Sincerely, Origirt!ii°i y a David A. Goodrich Kerr T. Stevens Cc: Central Files 414054,40* lsvP'DFS Permit Poirttaource Cot apliance/Enl`orcernent Unit 1&17 martsr,RVECE CENTtR. R'LLF�Gra, NORrr C.ARoui`tA 27699-1 17-'3tt[ru3, E919-733-SD83/FAX 919-73.3-0719 AN EQUAL, (WORT uNlr r AFT IRttauVT_ ACTl'ON EMPILOYER ^ SO a erC Ct.Ct3/ k®'% t'OST-CONSUMER PAPt.R �rx,�t r,rhtrN tnr: wCFiAT http://h2p.car.staie.nc.us/NEDES Permit No. NC0035041 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 I45-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Carolina Water Service, Inc. is hereby authorized to discharge wastewater from a facility located at Hemby Acres NCSR 1582 North of Indian Trail Union County to receiving waters designated as North Fork Crooked Creek in the Yadkin Pee -Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective March 1, 2000. This permit and authorization to discharge shall expire at midnight on October 3I, 2003. Signed this day February 4, 2000. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0035041 SUPPLEMENT TO PERMIT COVER SHEET Carolina Water Service, Inc. is hereby authorized to: Continue operation of an existing 0.3 !11GD wastewater treatment facility consisting of an influent pump station, manual bar screen, two aeration basis with mechanical aerators, two secondary clarifiers, four aerobic sludge digesters. two tertiary filters, chlorination with contact tank, post aeration, and continuous flow measurement located at Hemby Acres on NCSR 1582. north of Indian Trail. Union; and 2. Discharge from said treatment works at the location specified on the attached map into North Fork Crooked Creek. a class C water in the Yadkin Pee -Dee River Basin. Facili' *ty Inforina ion Latitude: 35°06'14" Lonaitude: 80°38'02" Quad #: Matthews, Gl6SW Stream Class: C "Receiving Stream: North Fork Crooked Creek Permitted Flow: 0.3 MGD •Sub -Basin: 03-07-12 • Carolina Water NC0035041 • Hernby Acres - Union County A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -- FINAL Permit No. NC0035041 During the period beginning on the effective date of the permit and lasting until expiration. the Permitter is authorized to discharge from outfall(s) serial number 001- Wastewater Treatment Plant Effluent. Such discharges shall be limited and monitored by the-Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average . Daily Maximum Measurement Frequency Sample Type Sample Locations Flow (MGD) 0.30 Continuous Recording 1 or E BOD;, 20°C (April 1 — October 31) 9.0 mg/L 13.5 mg/L Weekly Composite E 20"C (November 1 — March 31) _ 15.0 mg/L 22.5 mg/L Weekly Composite E _BOD,;• Total Suspended Solids 30.0 mg/L 45.0 mg/L Weehly Composite E NI-1;-N (April 1 — October 31) 3.0 mg/L Weekly Composite I_ N1-15-N (November 1 — March 31) 8.0 mg/L Weekly Composite E Dissolved Oxygen2 Weekly Grab E. U. D Fecal Coliforrn (geometric mean) 200/100 ml 400/100 nil Weekly Grab E, U. I) Total Residual Chlorine 2/Wcelt Grab E Temperature _ Weekly _ Grab E. U. I) pH, Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NOTES: Sample Locations: l — Influent, E — Effluent, U — Upstream above discharge point, U — Downstream 1.0 mile below outran before hlenthy Branch School. Stream samples shall be grab samples taken weekly during the months of April — October. 2 The daily average dissolved oxygen concentration as measured in the effluent shall not be less than E5.0 tog/L. '' The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. PART I Section B. Schedule of Compliance I. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. 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 schedule requirements. Part I1 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing_ Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration,' other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar clay. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part 1 of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This Iimitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of . dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part 1. f. The "quarterly average concentration" is .the average of ail samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part 1 of the permit. g• A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must 'be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (I). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as 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. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act. 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 Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of' the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,,any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.1319 and 40 CFR 122.41 (a)] c. Under state Iaw, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class I1 penalty not to exceed $125,000. Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part 1I, 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 132I. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges,•nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. 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. Part 11 Page 6 of 14 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. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (I) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dolIars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying .a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law,. that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective..) The conditions, requirements, terms, and provisions'of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon 'classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 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. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding (imitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. b. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent Ioss 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 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. Part II Page 9 of 14 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. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permi t. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable . waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 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 (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CPR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part I1 Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f . The results of such analyses. 8. Inspection and Entry The 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 upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a'facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shaII give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other ,requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices.. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. 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 directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. 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 of Water Quality. 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 143-2I5.1(b)(2) or in Section 309 of the Federal Act. 1I. Penalties for Falsification of Reports The Clean Water Act 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 $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III , OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) One hundred micrograms per liter (100 ug/l); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/I) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/I) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. if the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. e must pay the annual adrni t and compliance monitorin irty) days after being billed by Div on. Failure to pay the per in accordance with 15A NCAC 2H .0105(b)(4) may cause itiate action to revoke the permit. SOC PRIORITY PROJECT: Yes_ No x If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver Date: April 13, 1999 NPDES STAFF REPORT AND RECOMMENDATION County: Union Permit No. NC0035041 PART I - GENERAL INFORMATION 1. Facility and Address: Hemby Acres Carolina Water Service, Inc. of NC Post Office Box 240908 Charlotte, North Carolina 28224 2. Date of Investigation: 04-07-99 3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer I 4. Persons Contacted and Telephone Number: Mr. Steve Childers, ORC; (704) 525-7990 5. Directions to Site: From the intersection of SR 1582 (Idelwild Road) and SR 1525 (Mill Grove Road) north of Indian Trail, travel northwest on SR 1582 approximately 100 feet. Turn left (south)onto a gravel drive. The WWTP is located at the end of the drive. 6. Discharge Point(s). List for all discharge points: Latitude: 35° 06' 14" Longitude: 80° 38' 02" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 16 SW USGS Name: Matthews, NC 7. Site size and expansion are consistent with application? Yes_ No_ If No, explain: N/A Topography (relationship to flood. plain included): Flat slopes. 71 flood plain; it appears the facilities are protected from flooding. 9. Location of .nearest dwelling: Approximately 200 feet. 10. Receiving stream. or affected surface waters: North Fork Crooked Creek. P is located in the a. Classification: C b. River Basin and Subbasin No.: Yadkin and 03-07-12 c. Describe receiving stream features and pertinent downstream uses: The receiving. stream is a moderate sized creek with a flat stream gradient. The stream appears to have considerable flow. General C cla.ssiticationuses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of wastewater to be permitted: 0.300 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment. facility? 0.300 MGI). c. Actual treatment capacity -ofthc cu MGD. 7 (current design capacity)? 0.300 d. Date(s) and construction activities allowedby previous Authorizations to Construct issued. in the previous two years: None, e. Please provide a description of existing or substantially constructed wastewater treatment facilities: 'Ihe existing WWI facilities consists of an influent ,pump station, manual bar screen, two aeration basins with. mechanical aerators, two secondary clarifiers, four aerobic sludge digesters, two Micro Floc 'tertiary filtersir.„ chlorination, chlorine contact tank, ,post aeration and continuous flow O titi6 measurement. Please provide a description of proposed v asiev ater treatrnent facilities: N/A. Possible toxic impacts to surface waters: None other than chlorine. h. Pretreatment Prograi . (POTWs only): N/A 2. Residuals handling and utilizatio d sposal scheme: a. If residuals are being land applied, please specify DWQ N/A b. Residuals stabilization:N/A c. Landfill: N/A d. Other disposallutilization scheme (specify): Waste sludge is removed and transported by Liquid Waste, Inc., to Charlotte -Mecklenburg Utility Department's sewer system for final disposal. 3. Treatment plant classification (attach completed rating sheet): Class II, see attached rating sheet. 4. SIC Code(s): 4952 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 05 Secondary: Main Treatment Unit Code: 05107 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A. 2. Special monitoring or limitations (including toxicity) requests: None. 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A. 4. Alternative Analysis Evaluation: Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other Disposal Options: N/A 5. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that NPDES Permit Staff Report Page 3 may impact water quality, air quality or groundwater? No hazardous materials are used at this facility except for chlorine. The existing discharge is entirely domestic. No adverse impact on air, groundwater and/or water quality is anticipated. 6. Other Special Items: None. PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Carolina Water Service, Inc. Of NC is applying for renewal of the permit to discharge treated domestic wastewater. A review of the past year's self -monitoring data, from 01/98 through 01/99, did not show any limitations violations. . Pending review and approval by P&E, It is recommended that the NPDES permit for this facility be reissued. Signature of Report Preparer Water Quality Regional Supervisor Date NPDES Permit Staff Report Page 4 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., .P.E., Director Mr. Carl Daniel Carolina Water Service, P O. Box 240705 Charlotte, NC 28224 Dear Mr. Daniel: N.c. DSetrrfiber 2, 1994 ENVIRONMENT, HEALTH, & NATURAL RESOURCES Inc. $EP B IR1A 3R OF EN4lRONMENTM. MANAGEMENT 500RESV'1LLE REGIONAL OFFICE Subject: Permit No. NC0035041 Hemby Acres WWTP Union County In accordance with your application for discharge permit received on November 19, 1992, we are forwarding herewith the subject state- - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. The Division received your letter dated July 22, 1994 requesting that the in -stream monitoring be deleted from the permit. This monitoring is required to assess the effect of the discharge on the receiving stream and cannot be removed. Effluent limits are developed to protect water quality and their effectiveness can only objectively be determined by in -stream monitoring. 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 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper If you have any questions concerning this pe telephone number 919/733-5083. cc: Mr. Jim Patrick, EPA Mooresville Regional Office P ease contact Mr. Jay Lucas at Sincerely, Original Signed By °avid A. Goodrich A. Preston Howard, Jr., P.E. Permit No. NC0035041 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RE 3Uj : op DIVISION OF ENVIRONMENTAL MANAGEMENT NAThREspUx ems' PERMIT SEN 6 1994 TO DISCHARGE WASTEWATER UNDER THE DlFfSION OF ftiVlRON ting NATIONAL. POLLUTANT DISCHARGE ELIMINATION SYSI i� MIGNA! FFIC 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, Carolina Water Service, Inc. is hereby authorized to discharge wastewater from a facility located at Hemby Acres NCSR 1582 Indian Trail Union County to receiving waters designated as North Fork Crooked Creek in the Yadkin -Pee Dee 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 November 1, 1994 This permit and the authorization to discharge shall expire at midnight on October 31, 1999 Signed this day September 12, 1994 Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission - Permit No. NC0035041 SUPPLEMENT TO PERMIT COVER SHEET Carolina Water Service, Inc. is hereby authorized to: 1. Continue to operate a 0.30 MGD wastewater treatment plant consisting of an influent pump station, manual bar screen, two aeration basins with mechanical aerators, two secondary clarifiers, four aerobic sludge digestors, two tertiary filters, chlorination, chlorine contact tank, post aeration, and continuous flow measurement located at Hemby Acres, NCSR 1582, Indian Trail, Union County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into North Fork Crooked Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. • • — y t Ved 'a i� • }HBE •�—`` - \4` 5) v Nat E8aE t2ec 58eE 1333 000 005 988E •i • • n • t . • • • •• l nexi, '' • -.1 \ ▪ ,• • • \ . i • - 4 91 • if\r• \ .• v [3' • ' • i• 1 /s '•:. .. Lo•‘.. /I • • .{ . Y 'Y • — J _,— [ ) r t • ' E•••� _ /C • 29Ei ' iiji► - T / r.t j jam'1 ' 4- .4., * i ' GO? ./ . •tom - (4.a J :— •cry • -= Jam: •ca' • Oge A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0035041 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen" Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Conductivity • Total Nitrogen (NO2+NO3+TKN) Total Phosphorus * Sam le locations: E Effluent Branch School. Stream samples shall be taken weekly from April 1 through October 31. ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mgll. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Discharge Limitations Monthly Avg. 0.30 MGD 9.0 rng/I 30.0 mg/I 3.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 13.5 mg/1 45.0 mg/I Monitoring Requirements Measure ment Frequency Continuous Weekly Weekly Weekly Weekly 400.0 /100 ml Weekly 2/Week Weekly Weekly Quarterly Quarterly Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Grab Composite Composite *Sample Location I or E E E E E, U, D E,U,D E E, U, D U, D E E I - Influent , U - Upstream above discharge point, D - Downstream one mile below outfall before Hemby A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NC0035041 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monthly Avg. Flow 0.30 MGD SOD, 5 day, 20°C 15.0 mg/I Total Suspended Residue 30.0 mg/l NH3asN 8.0 mg/[ Dissolved Oxygen** Fecal Coliform (geometric mean) 200.0 /100 mi Total Residua! Chlorine Temperature, °C • Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Weekly Avg. Daily Max 22.5 mg/I 45.0 mg/I Monitoring Measurement Frequency Continuous Weekly Weekly Weekly Weekly 400.0 /100 ml Weekly 2/Week Weekly Quarterly Quarterly Monthly * Sample locations: E - Effluent I - Influent U - Upstream above discharge, D - Downstream one mile below School. Stream samples shall be taken monthly from November 1 through March 31. ** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab *Sample Location I or E E E E E, U, D E,U,D E E, U, D E E U,,D outfall before Hemby Branch PAx11 �rinn B 5C�1c,7u! of C!Rr„wf• 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the follow g schedule: Perrnirtee shall comply with Final Effluent Limitations by the effective date of the permit stales specified below. 2. Permittee steal) at all times provide the operation and maintenance necessary to operate the erisung facilities at optimum efficiency. 3. No later than 14 calendar day 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 can. the notice shall include the cause of noncompliance, any remedial actions taken, and the praability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTIOti- A. DE-NrriONS 2. Permit &athority The Director of the Division of Environmental Management. Mesas the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. DS Used herein meWIs the North Carolina Environmental Management Commission. �. M, o1 "tire Act" • The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended. 33 'CSC l25 l , et. seq. 5. :1_c='D2v Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled ar,d.'or rnea ured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests "ere reported. The limitation is identified as "Monthly Average" in Part 1 of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Ssrurday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge: This limitation is identified as "Daily Maximum," in Part I of the permit~. d. The. "average annual discharge` is .defined as the total mass of all daily discharges sampled and/or measured during the calendar, year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part 1 of the permit. 6, j'ottentration Measurrr+'iu 06. a. The "average monthly concentration,' other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured; divided by the number of daily discharges sampled and/or measured during such month (arithmetic man of the daily . concentration values). The daily concentration value is equsi to the eoaeentration.of a composite sample or in the case of grab simples is the arithmetic mesa (weighted by flow vibe) of all the samples collected during that calendar day. The average monthly countfor fecal coliform bacteria is the geometric mean of the counts for simples collected during a calendar month. This limitation is identified as 'Monthly Average" under "Other Limits" in Part I of the permit. • - b. The `average weekly content 3 imi," other than for fecal conform bacteria, is the sum of the - concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by now value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as Meekly Average" under `Other Limits" in Part I of the permit. c. The "maximum daily concentration` is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day' the concentration of a1lutant calculated from it is the "Maximum Daily Concentration". It is identified as'. Daily MiNimum" under "Other Limits" in Part I of the permit d. The "average annual concentration, other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on vthich daily discharges are sampled and, measured divided by the number of daily discharges sampled and/or measured Munn; such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average under Other Limits in Part I of the permit • c. The "daily average concentration" (for dissolved oxygen) is the minimum alIowable amount of dissoh ed oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is take over a calendar day, the sample is considered to be the daily average concentration for the discharge. It is identified as"daily average" in the text of Part f. The "quarerIv average concentration" is the average of all samples ta3;en over a calendar quarter. It is identified as °Quarterly Average Limitation" in the text of Put I of the permit g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June. July through September, and .October through December. 7. Dthe- Measurernents a. Flow. (MOD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly.It is determined as she arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" u a measure -of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility vwtieb occurs continually without interruption throughout the operating hours of the facility. flow shall be monitored continually except for the infrequent tunes when there may be no flow or for infrequent maintenance activities on the flow device. _. Types of SzIple a. Composite Sample: A composite sample shall consist of: ur (1) aisehar a aries of nd combrab ined les collected proportional to the rate of flow measured at the etinhe of riod of des individual sample collection, or (2 t 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 gand reater than 1/2 of the and the present festotal d�yflo►hbatthe between ate_ collection fixed at no g system. or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above. the time interval between influent grab samples shall be no greaser than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 1S minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Cat:ulatlon of Means a Arithmetic Mean: The arithmetic mean ofaset of values is the summation of the individual values divided by the number of individual b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. Fog purposes of calculating the geometric mean, values of zero (0) shall be consi e7 e� to o one (1). c. Weighted by Flow Value: weighted by flow value means the summation of each concentration times its ftspective flow divided by the sumrnation of the respective Bows. 0. k • A calendar day is defined as the period from midnight clone day uru'1 midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably ' represents the calenar day may be usefor sampling. 11.11aca dcus Su stance A hazardous substance meats any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Totic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 3074)0) of the Clean Water Act. 5ECT10\ B GL.\tRAL co MON's 1. Dom" v t0 Comply The perrnittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Anand is grounds for enforcement action; for permit termination, re%ocation and reissuance, or modification; or denial of a permit renewal . ap; i ration. a. The per mittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludgeuse or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean water Act provides that any person who violates a Eermit condition is subject to a civil penalty not to exceed 525,000 per day for each violation. Any person who negligently Violates a::v permit condition is subject to criminal penalties of 52,500 to 525,000 per day of viclation, or imprisonment for not more than 1 year, or both. Any person who know. ingly violates permit conditions is subject to criminal penalties of SS.000 to S50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also. any person who violates a permit condition may be assessed an administrative penalty not to exceed 510,000 per violation with the maximum amount not to exceed 5125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41(a)] e. Under state law, a civil penalty of not more than ten thousand dollars (S10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143.215.6A] d. Any person ma • be assessed an administrative penalty by the Administrator for vating se tion 301, 302.iol 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed S10,000 per violation. With the rraximurri _mount of any Class I penalty .assessed not to exceed S25,000. ra ,G %di a+ ▪ . . Penalties for Class II violations are not to exceed S10,000 per day for each day during which the violation continues. with the maximum amount of any Class II penalty not to • ,▪ 0 exceed S/25.000. f 2. pun. to Mitigate The permiTtee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. . 3. CiaaaCrithz Liabiiiro Except as provided in permit conditions on 'Bypassing' (Part II. C-4) and 'Power Failures' (Part II. C-7). nothing in this permit shall be construed to relieve the pperminee 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 LtSC 1319. Furthermore, the perrnittee is responsible for consequential damages. such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Y 4. Oil and 1421.-aout Substance Liablit Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the per,�tinee from any responsibilities, liabilities. or penalties to which the permittee is or may be subject to under NCGS 143.21S.7S et seq. or Section 311 of the Federal Act, 33 [,'SG 1321. Furthermore, the perminee is responsible for consequential damages, such as fish kills. even though the responsibility for effective compliance may be temporarily suspended. S . Prr'ne Rights The issuance of this permit does not convey any property rights in either real or personal proper,}. or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Ortcgore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undenaking of any work in any navigable waters. 7. Se% erakllirx The provisions of this permit are severable, and if any provision of this permit. or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. • 8. tiLtyLlsimicile thingian The pernittee shell 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. revolting and feissuing. or terminating this permit or to determine compliance with this permit. The permittee shall alsotiurnish to the Permit issuing Authority upon request. copies of records required to be kept by this permit. 9. pure to Reanix 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 Dew permit. 10. Fxpirati nn 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 perminee 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 perminee that has not requested renewal at least 180 days prior to expiration. or any perminee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the perminee to enforcement procedures as provided in NCGS 143.215.6 and 33 USC 1251 et. seq. 11. $irnatoRequirement& AB applications, reports. or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: • 0) 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 v ho performs similar policy or decision making functions for thecorporation. or (b) the manager of one or more manufacturing production or operating facilities employing more :than 250 persons or having gross annual sales or expenditures ea ceding 25 million (in second quarter 19S0 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor. respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal ere:utive officer or ranking elected official. b. A11 rep is required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person describedabove 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 reskonsibtIity 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. c. Certification. Any person signing a document under paragraphs a. or b. of this section oe shall male the following ni cation; 'I certify. under penalty of law, that this document and aattachments were prepared under tiny direction or super►ision 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 manse the system, or those persona 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 penalues for submitting false information, including the possibility of fines and imprisonment for knowing violations 12. permit Action% 13. 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. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifjing the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws. rules, and regulations contained in Title 40, Code of Federal Regulations. Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143.215.1 et. al. 14. previ, u' Perrnitl All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge. are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions. requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 5ECT1D\' [. OPER N % ti ' 1 , N I. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the gradeequivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The perminee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at Least weekly and each Class II, ITT, and IV facility at Ieast daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter SA .0202. Once the facility Is classified, the permittee shall submit a letter to the Certification Commission which desigi ates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. pagegof14 2.20=22ationstiMaimmiaci The permittee shall at an 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 coi troll and appropriate quality assurance procedures. This pro'ision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permirtee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. ?Feed to Halt or Reduce not i 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. 4, javrt«ir.r of Treatment Fa:ilitiei a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion ofa treatment facility including the collection system, which is not -a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and pers:nent loss of natural resources which can reasonably be expected to occur in the absence ofa bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The perrrittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (I) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at Ieast ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 11, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (Z) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for Wass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There %%ere no feasible alternatives to the bypass, such as the use of auxiliary treain ent 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 perrainee 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, ifthe Permit Issuing Authority determines that it willmeet the three conditions listed above in Paragraph d. (1) of this section. 5. LpSfT 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 perrninee. An upset does not include noncornplianee to the extent caused by operational error. improperly designed treatment facilities. inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. • An upset constitutes an affirmative defense to an action brought noncompli �ee with othis such technology based permit effluent limitations if the requirements$ asagraphcondition 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 lop. or other relevant evidence that: (1) An upset occurred and that the perminee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The 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. 6. lie-pcwed Substance" S,lids. sludges, filter backwxsh, other pollutants removed the treatment 'control of ‘‘ast:�yters shall be utilized/disposedof in acordance with �CG51�3-I15and in a manner such as to prevent any pollutant from such materials from entering waters of the States or navi:able waters of the United Stales. The permittee shall comply with all existing federal • F , • regulations governing the disposal of sewage sludge. Upon promulgation of 44 CFR Part 503, any permit issued bythe Permit Issuing Authority for the uu`lizationldisposal of sludge maybe reopened and modified, or revoked and reissued, to incorporate applacable requirements at 40 CFR Part 503. The perrnictee shall comply with applicable 40 CFR Part 503 Stand for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the legulation, even if the permit is not modified to incorporate the requirement The perrnlnee. shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. - ?. power Paituret The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation. Title ISA, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION_D MONITORNO AND RECORDS I. Qe!.retentat ve Sarei gg Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents: All samples shall be taken at the monitoring points specified in this permit and unless otherwise specified, before the effluent joins or is diluted by any other wactestream, body of water, or substance. Monitoring points shall tot be changed without - notification to and the approval of the Permit Issuing Authority. 2. Rrr't,r "Monitoring results obtained during the previous months) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMIt) Form (DEM No. MR 1,11.2. :1 or alternate' a fortes approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DNIR is due on the last day of the month following the issuance of the permit or in the caseencement of discharge. Duplicate c ta ew cofacilitpies of these, anon the last d all of the ther reports required hereithe n, shall be submitted to the Du li�ate signedp following address: Division of Environmental Management Water Quality Section • . ATTENTION: Central Files • Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Few Measurements Appropriate flow measurement devices and methods consistent with accepted scientific pra:tk:es shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capabiliy of that t;pe of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than • 10% from the true disclo.rge rates throughout the range of expected discharge volumes. Once -through condenser cooling water now wnxri 1) mom swiuu ".7 r .„.r 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. Tett Prosedurec Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to 1\CGS 143.215.63 et. seq, the Water and Air Quality Reporting Acts. and to regulations published pursuant to Section 304(g), 33 US[ 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit To meet the intent of the monitoring 'required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reportinFlevel 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 repotting level) approved method must be used. 5. penaNes for Ta1--liering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any. monitoring device or method required to be maintained under this permit shall, upon conviction. be punished by a fine of not more than Sl0,000 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 S20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Re: r' d, Retention Except for records of monitoring information required by this permit related to the permittee'] sew age sludge use and disposal activities, which shall be retained for a period of at feast five years (or longer as required by 40 CFR 503), the permittee shall retain records of aU monitoring inrorrn Lion, including all calibration and maintenance records and all original strip chat recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Result% For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. Tbe 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 individuai(s) who performed the analyses; e. The analytical techniques or methods used; and f. The result; of such analyses. d. dntry 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 tied other documents as may be required by law. to; a. Enter upon the perminee's premises where a regulated facility or activitY is located or conducted, or where records must be kept under the conditions of this pest; 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. Sarnple or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E REPORTING R.EQL'IRENiE,TS 1. Dane in Disch! ge All discha.•ges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pdIIutant 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 Chines The perminee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining u hether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification appplies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the applicatiortof 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. bnticirated \'sncomplia The perminee shall give advance notice to the Director of any planned changes in the perntiaed facility or activity which may result in noncompliance with permit requirements. . 4. Titers This permit is not transferable to any person except after notice to the Director. The Director mays require modification or revocation and reissuance of the permittee and incorporate such other requirements' as may be necessary under the Clean Water Aet- S.. 'rag Rr,p Monitoring results shall be reported at the intervals specified elsewhere in this Pit a. Monitoring results must be reported on a Discharge Monitoring Report (DM .) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal pra bees. b. lithe permittee monitors any_pollutant more frequently than requited by the permit. tag test procedures specified in Parr II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DNER. c. Calculations for all limitations which require averaging of rneasuremenu shall udliu an arithmetic mean unless otherwise specified by the Director in the permit 6. Tw enrv:four Hour Rtrorting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which mat• endanger health or the environment. Any information shall be provided orally within 14 hours from the time the permitter became aware of the circumstances. A wrinen 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 lithe noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. • b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge Iimitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours.. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Non compliance • The perrniree shall report all instances ofnoncompliance 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 • • S Other InformalQn . Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. r'e+n eC ;iib7_��'eti f' eatio The permittee shall report by telephone to either the central office or the appropriate regions] office of the Division as soon as possible. but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure. due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors. etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form wiw.in 5 days following fast knowledge of the occurrence. 10. ,Av_o'_tillirk• 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 a►ailable for public inspection at the offices of the Division of Environmental Managements 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 proided for in NCGS 143.215.1(b)(2) or in Section30s of the Federal Act. 11. Pri3l;irs for iifreation ofRepoNs The Clean Water Act provides that any person who knowingly makes any false statement, rep:esentation, 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 fineof not more than S10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Consmction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in _Discharges of Toxic Substances The perrnittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any. activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and ac-ylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,.on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The perrnittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART 1V ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. L „9-,ZeJ 7 SOC Priority Project: Yes No X If Yes, SOC No.: To: Permits and Engineering Unit Water Quality Section Attention: Charles Lowe Date: July 8, 1993 NPDES STAFF REPORT AND RECOMMENDATION County: Union Permit No. NC0035041 PART I - GENERAL INFORMATION 1. Facility and Address: Hemby Acres Carolina Water Service Post Office Box 240705 Charlotte, North Carolina 28224 2. Date of Investigation: June 30, 1993 3. ' Report Prepared by: Kim H. Colson, Environmental Engineer I 4. Persons Contacted and Telephone Number: Raymond Fay, Operator, (704) 525-7990. 5. Directions to Site: From the intersection of SR 1582 (Idlewild Road) and SR 1525 (Mill Grove Road) north of Indian Trail, travel northwest on SR 1582 approximately 100 feet. Turn left (south) onto a gravel drive. The WWTP is located at the end of the drive. 6. Discharge Point(s), List for all discharge points: Latitude: 35° 06' 14” Longitude: 80° 38' 02" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S-. Quad No.: Gl6SW U.S.G.S. Quad Name: Matthews, NC 7. Site size and expansion area consistent with application? Yes. 8. Topography (relationship to flood plain included): Flat slopes. The WWTP is located in the flood plain; however, it appears the facilities are protected from flooding. 9. Location of nearest dwelling: Several commercial dwellings are located within 200 feet of the facility. 10. Receiving stream or affected surface waters: North Fork Crooked Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin - Pee Dee 030712 Y Page Two c. Describe receiving stream features and pertinent downstream uses: Receiving stream is a moderate size creek with a flat stream gradient. The stream appears to have a considerable base flow. General "C" classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.300 MGD (ultimate design capacity) b Current permitted capacity of the wastewater treatment facility: 0.300 MGD c. Actual treatment capacity of the current facility (current design capacity): 0.300 MGD d Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Existing WWT facilities consists of an influent pump station, manual bar screen, 2 aeration basins with mechanical aerators, 2 secondary clarifiers, 4 aerobic sludge digesters, 2 Micro Floc tertiary filters, chlorination, chlorine contact tank, post aeration and continuous flow measurement. f. Please provide a description of proposed wastewater treatment facilities: N/A g . Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: Sludge is pumped by Ronnie Oaks Septic Service, (now Liquid Waste, Inc.) and taken to a CMUD WWTP. a. If residuals are being land applied, please specify DEM Permit No.: Residuals Contractor: Telephone No.: b. Residuals stabilization: PSRP PFRP Other c. Landfill: d . Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): Class II Page Three 4. SIC Code(s): 4952 Wastewater Code(s) Primary: 05 Secondary: Main Treatment Unit Code: 05107 PART III — OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates (Please indicate): N/A 4. Alternative Analysis Evaluation: Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other disposal options: N/A 5. Air quality and/or groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality, or groundwater: There are no known air quality, groundwater, or hazardous materials concerns. 6. Other Special Items: N/A PART IV — EVALUATION AND RECOMMENDATIONS The permittee, Carolina Water Service, has applied for permit renewal for the WWTP serving the Hemby Acres subdivision and surrounding area. The WWTP appeared to be well maintained and operated, and capable of meeting permitted effluent limits. It is recommended that the permit be renewed. Signature of report preparer 7), P. Water Quality gional Supervisor 7��/,9J Date . .--.�r�v�„ �vr• �v�� 1J1 1 H1'1L1 1 1C.7 J ITEM .(1) (2) (3) Reviewed (Train. Name of Plant:14�n\iw 2J=S Vf\rfT? Owner or Contact Person: CAre....)Lt NtLk Vi4-1--Erz Saz1ncc Mailing Address:l7 i ,k 2�lL k - G,�,c�� �,, f-lc 255229 County: 0►.,tr,rt NPDES Permit No. NCOO-Wc.)41 IssueDate: Gf t I -of Existing Facility Rated By: 1{. CuL -t rARAD a & Cert.) . Reg. Telephone: (04) 525— -4990 Nondisc. Per. No. Expiration Date: .5/3 i/S 3 - New Facility Date: 6/3o, 3 Office Reviewed (Train. & Cert.) Central Office ORC r- \A L'T;N LiL\►-lk/A Grade GT Plant Class: (circle one) I I! III IV Total Points L POINTS Industrial Pretreatment Units and/or Industrial Pretreatment Program (see definition No. 33) 4 DESIGN FLOW OF PLANT IN GPD (not applicable to non -contaminated cooling waters, sludge handling facilities for water purification plants, totally closed cycle systems (der. No. 11), and facilities consisting only of Item (4) (d) or Items (4) (d) and (11) (d)) 0 -- 20,000 1 20,001 -- 50.000 2 50,0D1 — 100,000 3 100,001 -- 250.000 4 250,001 -- 500,000 500,001 --1,000,000 8 1,000,001 -- 2,000,000 10 2,006,001 (and up) - rate 1 point additional for each 200,000 gpd capacity up to a maximum of 30 Design Flow (gpd) : 2t; 03 000 PRELIMINARY UNITS (see definition no. 32) (a) Bar Screens 1 Of (b) Mechanical Screens, Static Screens or Comminuting Devices 2 (c) Grit Removal 1 or (d) Mechanical or Aerated Gril Removal 2 (e) Flow Measuring Device 1 Of (I) Instrumented Flow Measurement (g) Preaeration 2 (h) Influent Ftow•Equalization (i) Grease or Oil Separators - Gravity Mechanical Dissolved Air Flotation, (j) Prechlorination 2 2 3 8 5 (4) PRIMARY TREATMENT UNITS (a) Septic Tank (see definition no. 43) 2 (b) Imhoff Tank 5 (c) Primary Clarifiers 5 (d) Settling Ponds or Settling Tanks for Inorganic Non -toxic Materials (sludge handling facilities for water purification plants, sand, gravel, stone, and other mining operations except recreational activities such as gem or gold mining) 2 (5) SECONDARY TREATMENT UNITS (a) Carbonaceous Stage (i)Aeration - High Purity Oxygen System 20 Diffused Air System Mechanical Air System (lixed, floating or rotor) Separate Sludge Reaeration (ii) Trickling Filter High Rale Standard Rate Packed Tower (iii) Biological Aerated Filler or Aerated Biological Filler 1 0 (iv) Aerated Lagoons 1 0 (v) Rotating Biological Contactors 1 0 (vi) Sand Filters - intermittent biological 2 recirculating biological 3 (vil) Stabilization Lagoons (viii)Clarifier (ix) Single stage system for combined carbonaceous removal of SOD and nitrogenous removal by nitrification (see def. No. 12) (Points for this item have to be in addition to items (5) (a) () through (5) (a) (vigil) 8 (x) Nutrient additions to enhance BOD removal 5 (xi) Biological Culture ('Super Bugs') addition to enhance organic compound removal 5 (b) Nitrogenous Stage (i) Aeration - High Purity Oxygen System 20 Diffused Air System 1 0 Mechanical Air System (fixed, floating. or rotor) 8 Separate Sludge Reaeration 3 (iii Trickling Filter - High Rale 7 Standard Rale 5 Packed Tower 5 (iii) Biological Aerated Filler or Aerated Biological Filler 1 0 (iv) Rotating Biological Contactors 10 (v) Sand Filter - intermittent biological 2 recirculating biological 3 (vi) Clarifier 5 10 3 7 5 5 (6) TERTIARY OH ►auv&'iI. u 1 1-ILA 1 M1N 1 UNI r (a) Activated Carbons Beds - without carbon regeneration with carbon regeneration Powdered or Granular Activated Carbon Feed without carbon regeneration with carbon regeneration Air Stripping Denitrification Process Electrodialysis Foam Separation Ion Exchange Land Application of Treated Effluent (see definition no. 22b) (not applicable for sand. gravel. stone and other similar mining operations) (i) on agriculturally managed sites (See del. No. 4) 10 (ii) by high rate infiltration on non -agriculturally managed sites (includes rotary distributors and similar fixed nozzle systems) 4 (iii) by subsurface disposal (includes low pressure pipe systems and gravity systems except al plants consisting of septic tank and nitrifica- tion lines only) Microscreens Phosphorus Remo+al by (See def. No. 26) Polishing Ponds - (b) (c) (d) (e) (1) (9) (h) 5 15 5 15 5 (separate process) 1 0 5 5 Post Aeration - Biological Processes 4 5 20 without aeration 2 with aeration 5 cascade 0 diffused or mechanical .. . Reverse Osmosis Sand or Mixed -Media Filters - low rate high rale Treatment processes for removal of metal or cyanide . . (p) Treatment processes for removal of toxic 7 materials other than metal or cyanide 6) 5 15 (10) CHEMICAL ADDITION SYSTEM (S) (See definition No. 9) (not applicable to chemical additions rated as item (3) (i). (5) (a) (xi), (6) (a). (6) (b), (7) (b). (7) (cr), • (9) (a). (9) (b). or (9) (c) 5 points each: List: 5 5 5 5 MISCELLANEOUS UNITS (a) Holding Ponds, Holding Tanks or Setiling Ponds for Organic or Toxic Materials including wastes from mining operations containing nitrogen and/or phosphorous compounds In amounts significantly greater than is common for domestic wastewater 4 (b) Effluent Flow Equalization (not applicable to storage basins which are inherent in land application systems)2 (c) Stage Discharge (not applicable to storage basins inherent in land application systems (d) Pumps....... _............. _ __ __.... � (e) Stand -By Power Supply... _ 3 (f) Thermal Pollution Control Device 3 TOTAL POINTS CLASSIFICATION Class 1 5 - 25 Points Class ll _................. 26- 50 Points Class lit _.... 51- 65 Points Class IV ... . ............................. _ 66- Up Points 4 1 Facilities having a rating of one through four points, inclusive, do not require a certified operator. Classification of all other facilities requires a comparable grade operator in responsible ch arg e. 15 Facilities having an activated sludge process will be assigned a minimum classification of Class II. 1 SLUDGE TREATMENT (a) Sludge Digestion Tank Heated 10 Aerobic 5 Unheated 3 Sludge Stabilization (chemical or thermal) 5 Sludge Drying Beds - Gravity 2 Vacuum Assisted 5 Sludge Etutrialion 5 Sludge Conditioner (chemical or thermal) 5 Sludge Thickener (gravity) 5 Dissolved Air Flotation Unit (not applicable to a unit rates as (3) (i) 8 Sludge Gas Utilization (including gas storage) .... 2 Sludge Holding Tank - Aerated Non -aerated 2 Sludge Incinerator - (not including activated carbon regeneration) 1 0 Vacuum Filler, Centrifuge or Filter Press or other similar dewalering devices 1 0 SLUDGE DISPOSAL (including incinerated ash) (a) Lagoons (b) Land Application (surface and subsurtace) . (see definition 22a) -wtrere the facility holds the land app. permit 1 0 -by contracting to a land application operator who holds the Land application permit 2 -land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated 10 (c) Landlitled (burial) 5 (9) DISINFECTION (a) Chlorination (b) Dechlorination (c) Ozone (d) Radiation (5) 5 (b) (c) (d) (e) (1) (9) (h) (i) iii (k) 2 5 5 5 Facilities having treatment processes for the removal of metal or cyanide will be assigned a minimum classification of Class II. Facilities having treatment processes for the biological removal of phosphorus will be assigned a minimum classification of Class 1f1. In -plant processes and related control equipment which are an integral part of industrial production shall not be considered waste treatment. Likewise, discharges of wastewater from residences having a design flow of 1,000 gpd or less, shall nol be subject to rating. ADDITIONAL COMMENT_Si C :.s i5 JUN 1. 4 1993 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Mr. Carl Daniel Carolina Water Service, Inc. Post Office Box 240705 Charlotte, NC 28224 Dear Mr. Daniel. : A. Preston Howard, Jr., P.E. Acting Director January 11, 1993 Subject: NPDES Permit Application NPDES Permit No . NC0035041 Hemby Acres Union County This is to acknowledge receipt of the following documents on November .9, 1992: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other , $250.00, The items checked below are needed before review can begin: Application Form Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other Na further nforma Pollution Preter,tnen Pays P.C. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 91.9-733-7O15 An Equal Opportunity Affirmative Action Employer If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned, to (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. Charles M. Lowe I am, by copy of this letter, requesting that our Regia al 0 fice Supervisor prepare a staff report and rec©mme ai ons gar g this discharge. If you have any questions regard' isa pli a ions, please contact the review person listedab S CC: Mooresville Regional Office VQHOCAROL1NADEPT.ONATURALRESOURCES AND Ct YNMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D. FOR WALT Io be flied only by services, wholesale and retail trade, USE and other commercial establishments including vessels Do not attempt to complete this form without reading the accompanying inst Please print or type end telephone number of facility product A. Nana Carolina Water Service 8. Street address lewild Road C. City Indian Trail E, County Union G. Telephone No. 704 2. SIC 3. Number of employees Area Code 20 Mail Permit hen 1 r.11111N sessui e discharge nc. of N.C. - Hemhv Acres © f9 f Carolina Water Service Inc. of NC P.O. Box 240705 Charlotte, NC 28224 Private Water & Sewer utility of business 5. (a) Check here if discharge occurs all yearn, or (b) Check the month(%) ditcherye occurs; 1.0January 2.0Febrvary 3.0Alerdh 4.0April 5.0iskp 6.0Juha 7.oJuly I.oAugust 9.oSeptember 10.oOctober 12. o Geceeier (c) how many days per weer: 1.01 2.02-3 3.04-5 41 +6. Types of waste water discher� Face waters able) Discharge per operating day 0.1 Flow, gallons per operating day -4999 0 49. (7 0) A. Cooling water, W. daily average daiI Spec or comlainad (all types 7. If any of the types of mists identified in Item G. etcher treated or un- treated. ire discharged to places other than surface :wars, check bolsi as applicable. Waste rater is discharged to: 0.1.999 (►) 1000-4991 (2) 5000419111 (3) 10.u00-49,w (el 10.000 or amp (1) A, MlunILipel sc+w•r System • 11, Ilnii•ryl•ewger) w•1I r C. Septir tank • U. Evaporation lagoon or pond - E. Other. specify: ' 8. Number of separate discharge points: Aril 1. 02-3 t. o d-b D.0 f or more 9. Naan of receiving rater or raters North Fork Crooked Creek in the Yadkin -Pee 'Dee River Basin .10. Does your discharge contain or Is it possible for your discharge to contain one or more of the following substances Aga es a result of your operations, activities, or processes: ammonia. cyanidealuminum, beryllium, tadlrlu>M. chromium, copper, lead. mercury, nickel, selenium, ii�c f+Meols, oil and grease, and chlorine (residual).. knots . ILO no 1 certify that I am familiar with the Infornetion contained in the application and that to the best of sly knowledge and belief such information is true, complete, awl accurate. Carl Daniel Printed Name of Person Siding Vice President Title 11/10/92 eta Application Signed pasture oi; AA1Icing 'th Carolina General Statute 143-215.6 (b (2) provides that) Any person who ]o oiiin)tly Laic.: s false statement representat on, or certification in any mpplication,'rscord, report, plan, other document files or required to be maintained under Lrticla 21 or regulations of the iranrsental Management Commission implementtng that Article, or mho fele/fleet tampers s:!th, knowly renders inaccurate any.recording or monitoring mica or method required to be rated or maintained under A4tfa1s• 2 •: ak regulations •of the Environmental Management Commies• lamenting that Article, sha1•ifbai. Est ter•gf s Misdemeanor putishable by aline not to exceed: or by imprisonment.not to exceed six months, or by both. (18 U.S.C. Section 1001 prow. unsshmeac by a fins of.n t more than $10,000 or imprisonment not more than 5 years, or both, a similar offense.) • I State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 111C*A p HNR DIVISION OF ENVIRONMENTAL MANAGEMENT September 13, 1994 Mr. Carl Daniel Carolina Water Service, Inc. Post Office Box 240705 Charlotte, North Carolina 28224 Subject: NPDES Permit No. NC0035041 Hemby Acres WWTP Union County, NC Dear Mr. Daniel: Our records indicate that NPDES Permit No. NC0035041 was issued on September 2, 1994 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must•not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment 919 North Main Street. Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663 6040 An Equd Opportunity Afrumative Action Employer 50%recycled/ 10% post -consumer paper I Mr. Carl Daniel Page Two September 13, 1994 facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, ari NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, advise you of the importance of Permit and contact this Office you have any questions or need providing any assistance.' Sincerely, L16‘243-9-4)4e D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:sl the purpose of this letter is to your NPDES Permit. Please read the at 704/663-1699 in Mooresville if clarification. We look forward to NPDES WASTE AD ALLOCATION PERMIT NO.: NCOO > 5 FACILITY NAME: Facility Statu (drag oW Permit. Status: {circle ossl Msior Pips No: Design Capacity (MGD): Domestic (% of Flow): Industrial (% of Flow): Coesmsats: RECEIVING STREAK: Class: Sub -Basin: Y1/2- Reference USGS Quad: County: U n t n Regional Office: As tektite *me) Requested By: Pr tired By: Reviswed By: ch) Drainage Area (1 7Q10 (cfs) ity Limits: IWC sam Monitoring: Parameters Upstream Downstrea r pen oy: Efflu er Ch.arac BOD, NH D.O. (mg/l) TSS (mg/1) Ice F. Col. (/lOOml) pH (SU) 7 Avg. Streamflow (cfs): r 7Q1ii Ccfs) Q3OQ2 (cfs) d•% X (drat vas) Acute / Chronic Location Location he SUrnft (Apr-& t) i1 GQ 4'k v OUd v -mai Summer Winter Comments: Permit Number. Flo 1 i ty Name Type of -Waste Status Receiving Strum Stream Class 5ubbasin _ Reg ].anal Offa.ce Reques•tor.... Date 'terAkuest Quad ::=..WASTEL.OAD ALLOCATION APPROVAL FORM NC0035041 : CAROLINA WATER : DOMESTIC : EXISTING : NORTH FORK CROOKED C : 030712 UNION - : MRO : . LULA HARR I S : `.2/5/BO G16SW Wastef low S-Day BUD Ammonia Nitrogen Dissolved Oxygen TSS Fecal- Coliform pH (mgd): (rng/1) : (mg/1): (mg/1): (mg/1): (#/100ml ) (SU): SERVICE CREEK DraiROgev Aver a•I,3, Summer- 7L;! Winter- 7010 3002 RECOMMENDED EFFLUENT LIMITS SUMMER 0.3 9 3 6 30 1000 6-9 WINTER 0.3 15 8 30 1000 6-9 MONITORING Request _No,' '. 4457, 'fa (sq m i ) f (c) (cfs) . 9.0- 9.0 0.0 0.075 0.15 MAR 18 1988 C'LRM: & ►_NGINEER NG Upstream (Y/N): Y Location: ABOVE DISCHARGE POINT _Dcownstream .(Y/N) : Y ,Location:. 1 MI. BELOW OUTFALL - BEFORE HEMBY BR SCH -COMMENTS THESE -ARE -THE EXISTING LIMITS RECOMMEND MONITORING FOR: DO, CONDUCTIVITY, TEMPERATURE, AND FECAL. COL I FORM FREQUENCY: WEEKLY FOR SUMMER (APR-OCT) AND MONTHLY FOR WINTER (NOV-MAR) Recommended b Reviewed by: Tech. Support Supervisor Regional Supervisor Permits °: Engineering _, Date3: s= _ Date a/pJff._.- RETURN .Tn -TECHNICAL SERVICES BY APB 0-7 1988 -