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HomeMy WebLinkAboutNC0086550_NPDES Permit_19990609,'State of North Carolina Department of Environment.RE and Natural Resources LIVED Division.of Water Quality JUIN 2 4 1999 James B. Hunt; Jr., Governor FAYETTEVILLE Wayne McDevitt, Secretary : REG. FFpCE A. Preston Howard, Jr., P.E., Director Mr. Jeffrey Lewis Town of Fairmont P.O. Box 248 Fairmont, North Carolina 28340 Dear Mr. Lewis: June 9, 1999 TTF ,==_Yr NCDENR rh 1,t ✓ Subject: NPDES Permit Issuance Permit No. NC0086550 Fairmont Regional WWTP Robeson County In accordance with the application for discharge permit received on November 19, 1997, the Division is forwarding herewith the subject 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 U.S. Environmental Protection Agency 'dated December 6, 1983. Response to Public Comments The Division published a notice in The Robesonian and solicited public comment on thedraft permit from March 24 to April 26. The Division received two comments on•the draft permit during the public review period. The comments and our response are enclosed for your information. The .- Division did not add new requirements to the permit as the result of these comments; however, we will revisit a comment regarding disinfection as we review the new treatment plant design. Permit Overview This new permit authorizes the discharge of 1.75 MGD of treated wastewater into the Lumber River from the proposed Fairmont Regional WWTP. The new facility will be located near and discharge to the LumberRiver near U.S. Highway 74. With completion of the facility, Fairmont will increase its treatment capacity significantly and'assume its new role as a regional treatment provider. - The terms and conditions of the new permit are similar to those in Fairmont's existing permit: However, there are several key differences in the effluent limitations and monitoring requirements in the permits, as the result of the Division's water quality management strategy for the Lumber River Basin. Those differences include: • Reduced BOD5 discharge limits: 15.0 mg/L monthly average and 22.5 mg/L weekly average, down from 30.0 and 45.0 mg/L • New discharge limits for additional parameters: Ammonia: 4.0 mg/L NH3-N monthly average P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone (919) 733-5083 'FAX (919) 733-0719' 50% recycled / 10% post -consumer paper Fairmont Regional WWTP Permit No. NC0086550 Page 2 • Total Residual Chlorine: 28 ug/L daily maximum • Dissolved Oxygen: minimum allowed is 5.0 mg/L, down from 6.0 mg/L • Chronic Toxicity.: quarterly pass/fail tests conducted on effluent diluted to 2.2% , down from the previous 90% mixture • Increased monitoring: higher frequencies for most parameters, based on projected change to a Class III treatment facility. Permit Transition Until Fairmont fully diverts its wastewater flows to the new treatment facility, it will continue to operate its existing WWTP and discharge to Pittman Branch. The Town remains subject to the requirements in its NPDES permit NC0021059. That permit expires December 31, 1999, and the Town must submit its application for re -issuance by June 30, 1999. Wastewater Treatment Plant Design The Division is presently reviewing Fairmont's proposed design and request for an Authorization to Construct the new regional facility. We have already discussed with Bill Lester of Hobbs Upchurch that the plant must be designed to effectively treat the entire range of wastewater flows that are expected, from less than 0.5 MGD initially up to the 1.75 MGD ultimate design flow. Depending on the outcome of the design review, the Division may add new effluent pages to the NPDES permit in order to establish phased discharge requirements for the intermediate flow values. Pretreatment The Town presently does not receive a significant amount of industrial wastes at its treatment facilities. However, it does intend to use the ready availability of treatment facilities as a selling point in bringing industries to the area. Design flows for the regional treatment facility include considerable allowances for these future industrial connections. Before the Town can accept wastewater from any "significant industrial user," it must develop and implement an approved pretreatment program. It would be in the Town's better interests to develop some or all elements of a pretreatment: program in the near future, in order to avoid lengthy delays in hooking up any industries recruited to the area. The Town should contact Mr. Paul Clark of our Pretreatment Unit if it has questions about the requirements for a local pretreatment program. Mr. Clark's telephone number is (919) 733-5083, extension 580. Right to a Hearing 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 a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable except after notice to the Division of Water Quality. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. The Division of Water Quality 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, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. Fairmont Regional WWTP Permit No. NC0086550 Page 3 If you have any questions concerning this permit, please contact Mike Templeton at telephone number (919) 733-5083, ext. 541. Sincerely, Original Signed By D vid A. Goodrich Kerr T. Stevens Enclosures: NPDES Permit No. NC0086550 Response to Comments cc: Mr. Roosevelt Childress, EPA Mr. Bennett Wynne, NC Wildlife Resources Commission, Habitat Conservation Program (w/ RtoC) (Fayetteville Regional Office, Watei Qiiality.i Point Source Compliance Enfor ec menfUnit Central Files NPDES Files Permit No. NC0086550L 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, Town of Fairmont is hereby authorized to discharge wastewater from a facility located, at Fairmont Regional WWTP at the southern end of SR 2312, off US Hwy 74 adjacent to the Lumber River. Robeson County to receiving waters designated as Lumber River in the Lumber River. Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective August 1,1999 This permit and the authorization to discharge shall expire at midnight on ' July 31, 2004 Signed this day. June 9;1999 Original Signed By . David.A. Goodrich Kerr T. Stevens, Director Division of Water Quality , By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET Town of Fairmont is hereby authorized to: Permit No. NC0086550 1. Design a 1.75 MGD regional wastewater treatment facility to serve the Towns of Fairmont, Proctorville, Orrum, and Boardman, and other future connections; and located at the southern end of SR 2312, off US Hwy 74 and adjacent to the Lumber River in Robeson County; 2. Upon receipt of an Authorization to Construct from the Division of Water Quality, construct and operate said treatment facility; and 3. Discharge treated wastewaters from said facility into the Lumber River , a Class C-Sw water in the Lumber River Basin, at the location specified on the attached map. - _� _ .. _ - - J` C- e\ ..u. - — -y- _ \ .,_... - _ \ .x '- 130 �Z — �r -=�` �L- - l� — i .�..'JJl- .,. '-�� - - -- �,- +. 1- .�.. _ -yf• ��'roa_:�. %VZ - J• emu- -- - ..YL _ _ - �4. - -_- . A" - ' _ �` ? �1 • y` a - - _—.- - -� _A _ r ` - / a ;� - .. - -4 91 / — Healy.- -.�- .. • :7 - - ,. _ - .,. A- . _ -4a,4, = - .. — .-- •••�.; -,-+� -•y .�_ _ \ -4.- -4' - - .dl.. ... -ems 4. - .- - - • Discharge location - - �1= Fairmont Regional WWTP �4. %! [3� '. .. ••—_-- -__ _ = I �- vD,�.•_ li!„.,NC0086550 ' • Boardman !• __ ��J i. Brig Q C� iCern j 'i 92 - 2;\: : ( • \ /= — - -- \ , ,• /� .• • Board ./• �\P,\ `.. .. J-'�� _�-y= / 1. 89 _ _,d.. t - ter- .If — a -d- - \ //��/ r ' r `. r \ ^ - JIF • _ -r _ 4 -�'- /� J - — _ \ 1 N. I Latitude: Longitude: USES Quad #: River Basin #: 34° 35' 52" 78° 58' 04" J23NW 03-07-51 Receiving Stream: Lumber River Stream Class: C-Sw Town of Fairmont Fairmont Regional WWTP NC0086550 Robeson County Permit No. NC0086550'' A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting through the expiration date, the Permittee shall be authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: . EFFLUENT CHARACTERISTICS " EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location (1) Flow 1.75 MGD - Continuous Recording I or E BOD, 5-day, 20°C (2) 15.0 mg/L 22.5 mg/L _ 3/Week Composite I, E Total Suspended Solids (2) 30.0 mg/L 45.0 mg/L - 3/Week Composite I, E NH3-N, mg/L 4.0 mg/L 3/Week Composite E Total Residual Chlorine 28 pg/L 3/Week Grab E pH Shall be within the range of 6.0 and 9.0 standard units at all times. 3N11eek: Grab E Fecal Coliform (geometric mean) . 200/1.00 mL - 400/100 mL ; 3NVeek Grab E, U, D Dissolved Oxygen Daily average shall not be Tess than 5.0 mg/L 3NVeek. Grab E, U, D . Temperature, °C Daily Grab E 3NVeek Grab U, D Conductivity, umhos/cm2 Weekly Grab - U, D Total Nitrogen (NO2 + NO3 + TKN), mg/L Monthly Composite E Total Phosphorus, mg/L _ . Monthly Composite E Chronic Toxicity See Footnote (3). Quarterly - Composite E Footnotes: (1) Sample locations: I-- Influent, E - Effluent, U - Upstream at US Highway 74 bridge, D - Downstream approximately 1,000 yards below Outfall 001. Upstream and downstream samples shall be grab samples. Stream samples shall be taken three times per week during the months of June, July, August and September, and once per week during the remaining months of the year. (2) The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15% of the respective influent values (85 % removal). (3). Chronic Toxicity (Ceriodaphnia) P/F at 2.2%; February, May, August, November; see Condition A(3) of this permit. There shall be no discharge of floating solids or visible foam in other than trace amounts.. Permit No. NC0086550'1 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS A(2). The Permittee shall notify the Water Quality Supervisor, Fayetteville Regional Office, telephone number 910-4861-1541, at least forty-eight (48) hours in advance of operation of the installed facilities. Such notification shall be made during the normal office hours of 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. A(3).• CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 2.2% (defined as treatment two in the procedure document). The permit holder shall perform uarterl monitoring using this procedure to establish compliance with the permit condition. T e tests will be performed during the months of Februaty, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy, Creek Road Raleigh, North Carolina 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Permit No. NC0086550 A(3). (continued) Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of theinitial monitoring. PART I Section B. Schedule of Compliance 1. 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 II 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. . DEM or "the Division" • Means the Division of Water Quality, Department pi Environment, Health and Natural Resources. 3. E 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 1 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 dailydischarges 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 meanof the daily concentration values). - The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal 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 I 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 limitation 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 I. • - f. The "quarterly average concentration" is .the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average. Limitation" in the text of Part 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. 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 arithmeticlmean of the total dailyflows 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 samplesdetermined 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 ofany set of values is the Nth root of the product of the individual values where N is equal- to. the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean; values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 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)(1) 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 standardsfor 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 law, 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 l 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 11 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 ofadversely 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. 11, 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 responsibilityfor 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 forconsequential 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 perrnit,•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 thispermit. after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part 11 Page6of 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 nolater than 180 clays 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: (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 otherperson who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,. respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other 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. I 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 thepermittee, 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, arehereby 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. 1 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 shallemploy 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 tocomply with the conditions of Title 15A, Chapter 8A .0202. 'The ORC of the facility must visit each Class l 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 condition's 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 inresponsible 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. damage to the (2) "Severe property damage" means substantial physical damage to.property, g 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 doesnot mean economic loss caused by delays in production. b. Bypass not exceeding limitations.. 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 permitteeshall submit notice of an unanticipated bypass as required in Part II, E. 6. 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 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 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 permit. d. ' Burden of proof. In any enforcementproceeding'the permittee seeking to establish the occurrence of an upset has the burden of proof. . Removed Substances Solids, sludges, filter backwash, orother 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 . complywith 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 duringelectrical power failures either by - means of alternate'power sources, standby generators or retention of inadequately treated effluent. 'PartII Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samplescollected 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 effluentjoins or is diluted by any other wastestream, body of water, or substance. Monitoringpoints 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 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 perrnit. 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 II 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 anytime. 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 shallallowthe 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. i Part II Page 12 of 14 SECTION E. REPORTING REOUIREMENTS 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 levelin 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 oradditions 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 shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4., 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 anyeffluent 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 thecentral office or the appropriate. regional office of the Division as soon as possible, but inno 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. asmechanical 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 143-215.1(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 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.Requirements for Control of Pollutants Attributable to 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 ATSM standards D-93-79, D-93-80, or D-3278 (incorporated by reference, see 40 CFR 260.11). This prohibition does not apply to any aqueous solution containing less than 24 percent alcohol by volume which would otherwise be a hazardous waste under 40 CFR 261.21 by virtue of having a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade; b. Wastes which will cause corrosive structural damage to treatment works, and in no case discharges with pH less than 5.0 standard units unless the system is specifically designed to accommodate such discharges; c. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment works; d. Wastewaters at a flow rate and/or pollutant concentration which will cause an inhibition or disruption of the POTW, its treatment processes, operation, or sludge use and disposal; e. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40°C (104°F) unless the works are designed to accommodate such heat; 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 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. Part III 4. The permittee shall require any industrial discharges into 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 Division a Pretreatment Program for approval per 15 NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15 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. B. 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. C. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as maybe required to determine the compliance of this NPDES permitted facility with the current groundwater standards. D. Publicly Owned Treatment Works 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 into that POTW by a source introducing pollutants into the 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. E. 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. The permittee must pay the annual adn iniste it g and compliance momtonng fee within 30 (thirty)':days after being. billedby=the Division Failue to pay;the=fee in a'timely :manner -in accordance: with 15A -NCAC 2H'-.0105(b)(4) niay cause ,this Division- to initiate action to revoke thepermit