NC0000396_Permit Issuance 2001_20011217

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Gf W A rF9 Michael F. Easley
Q
�rA Governor
. e
y N, William G. Ross,Jr., Secretary
> r NCDENR 7-1 North Carolina Department of Environment and Natural Resources
Q a -C Gregory J.Thorpe, Ph.D.,Acting Director
Division of Water Quality
December 17, 2001
Mr. Winston Traylor, Plant Mgr.
CP&L
200 CP&L Drive
Arden, North Carolina 28704
Subject: Issuance of NPDES Permit
NPDES No. NC0000396
CP&L- Asheville
Buncombe County
Dear Mr. Traylor:
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 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as
subsequently amended).
Specific items in the final permit are highlighted below. In addition, response to comments submitted
by both the permittee and the U.S. EPA are addressed below in the applicable sections.
Outfall 001 (Ash Pond)- Effluent Sheet A(1)
• Change in the quarterly toxicity test from acute to chronic due to the continuous discharge
condition. The toxicity test language has also been updated to reflect new follow-up
procedures to be implemented following failure events.
• Addition of a pH effluent limit of 6 to 9 pH units, as required for all direct discharges (except
once through cooling water) by 40 CFR 423.12. Also, the pH monitoring frequency has been
increased from 2/Month to Weekly, as specified in state regulation 15A NCAC 2B.0500 for the
Electrical and Gas Services Industrial Group.
• Based on reasonable potential analysis, the monthly monitoring for iron is deleted, since the
maximum predicted effluent concentration is less than 2% of the allowable effluent
concentration. Monthly monitoring for arsenic, copper, and selenium will remain in the
permit, based on maximum predicted effluent concentrations ranging from 17% to 60% of the
allowable effluent concentration. Per CP&L request. an electronic copy of the RPA Procedures
was transmitted separately.
• In response to CP&L comment, total metals are to be analyzed in the total recoverable form.
Outfall 002- (Once Through Cooling Water) - Effluent Sheet.A(2)
• The thermal variance granted under Section 316(a) of the CWA has been extended for the
duration of this permit. CP&L provided sufficient information to support the continuation
request, and DWQ concurs that the Annual Environmental Monitoring Reports have shown no
changes in the biological community of Lake Julian. Per EPA request, copies of the annual
reports from 1996-1999 have been fowarded to EPA by the permittee.
• Addition of weekly pH monitoring as specified in state regulation 15A NCAC 2B.0500 for the
Electrical and Gas Services Industrial Group.
• CP&L requested deletion of monthly copper monitoring, since copper monitoring was originally
required due to suspected leaching of copper from the Unit 1 condenser tubes. These copper
N.C.Division of Water Quality/NPDES Unit Phone:[phone]
1617 Mail Service Center,Raleigh,NC 27699-1617 fax:[phone]
Internet:h2o.enr.state.nc.us DENR Customer Service Center 1 800 623-7748

laStar
NC0000396
CP&L-Asheville
Page 2
tubes were replaced with stainless steel tubes in 1994. Review of monthly DMR data for the
past 26 months shows one detection of copper at 23 ug/1 in November 2000, with remaining
samples reported as < 10 ug/l. Based on the very low frequency of detection and replacement
of copper tubes, copper monitoring has been changed from monthly to quarterly. The Division
recommends that the facility consider collecting source water samples concurrently with the
effluent samples, and analyzing the source water samples if a detection is reported for the
effluent sample. This will provide the facility with sufficient data to evaluate whether the
source water is the primary copper source.
• CP&L requested the TRC limit be changed from an instantaneous maximum to a daily
maximum limitation. Since EPA has issued NPDES guidance stating that the TRC limit should
be applied as an instantaneous maximum, the CP&L request is denied. EPA requested that a
definition of"instantaneous maximum" be included for clarification, and such a definition ("the
value which shall not be exceeded at any time") has been added in the final permit on Effluent
Sheet A(2).
• CP&L requested that the first sentence in the next to last paragraph of Effluent Sheet A(2) be
rewritten as "The permittee shall obtain authorization from the Division prior to use and
discharge of any chemical additive that has not been listed in the permit application." The
Division denies this request, since chemical additive authorization is conducted by the Aquatic
Toxicology Unit independently of the permit renewal process. Therefore, the permittee still
needs to obtain authorization for each chemical additive that has not been previously
approved.
Internal Outfall 004 (Chemical Metal Cleaning Wastel-Effluent Sheet A(3)
• Clarification in the Supplement to Cover Sheet and Effluent Sheet A(3) that Outfall 004 is an
internal outfall that may potentially discharge to the new ash pond or the old ash pond (with
prior DWQ approval). The new ash pond discharges directly to the French Broad River via
Outfall 001, while the old ash pond does not discharge. It should be noted that the facility has
incinerated their chemical metal cleaning waste since at least 1999.
• The previous permit and the draft permit included a pH limit of 6.0 to 9.0 for Outfall 004.
CP&L requested that the pH monitoring and limit be removed, since this is an internal outfall
which potentially discharges to the new ash pond (which is pH-limited) or the old ash pond
(which does not discharge). Division discussion with EPA Headquarters (Ahmar Ciddiqui, 202-
260-1826) concluded that the pH limit was applied incorrectly, and should be reserved for the
direct discharges only. Consequently, the pH limit and monitoring have been removed in the
final permit. The pH limit will remain for the direct discharge from Outfall 001.
• In response to CP&L comment, change the measurement frequency from "Daily" to "Per
Discharge Event" to reflect the infrequent batch discharge event. If no discharge occurs during
a given month, the designation "No Flow"will need to be included in the monthly DMR.
Stormwater Outfalls (SW-1.2,3,4,5,61 -Effluent Sheets A(4) and A(5)
• The draft permit included the addition of stormwater monitoring and reporting requirements
for six stormwater outfalls located along vehicle access roads used to transport coal/oil truck
deliveries to the facility. Stormwater outfalls SW-1,2,3 are located along a new access road,
and stormwater outfalls SW-4,5,6 are located along the current access road. No materials
loading or unloading activities will take place on the access roads, railroad storage yard, or on
immediately surrounding property owned by CP&L. Subsequent to the draft permit, CP&L
requested that stormwater outfall SW-3 be designated for representative stormwater
monitoring, since the six stormwater outfalls are substantially identical, and Special Condition
A(9)(a) provides for representative monitoring. Based on the similar industrial activity present
at each outfall, the Division concurs with CP&L's request for representative outfall status using
stormwater outfall SW-3. Consequently, Effluent Sheet A(4) has been modified accordingly in
the final permit.
• The CP&L interpretation that the annual measurement frequency in Effluent Sheet A(4) begins
on the permit effective date, rather than calendar year, is correct.
• CP&L requested that Special Condition A (8)- Stormwater Pollution Prevention Plan- be deleted
or significantly reduced in scope, based on the fact that most areas associated with industrial

I
NC0000396
CP&L-Asheville
• Page 3
activity drain to the ash pond and are already NPDES-permitted. In response, the Division has
maintained the same stormwater requirements, but limited the applicability to the old and new
access roads which will have direct discharge to surface waters. The Division concurs that
stormwater from other areas with indirect discharge to the ash pond (e.g., plant area, parking
lots, oil storage and handling facility) are already receiving adequate treatment and subject to
relevant permit limits (e.g., TSS, oil and grease, chronic toxicity testing).
Miscellaneous
• Change the stream classification from WS-IV to C for French Broad River, Lake Julian, and UT
Powell Creek, based on stream reclassifications on 4/1/96.
• Move Special Condition F (Biocide Condition) to bottom of Effluent Sheet for Outfall 002.
• The draft permit deleted generic Special Conditions G, H. I, and J, since these are not
consistent with other CP&L permits or considered necessary for this facility.
• EPA commented on the proposed deletion of Special Condition I (BMP Plan to control the
discharge of oils and hazardous and toxic substances). In response to EPA comments, the Fact
Sheet was modified to include the additional rationale for deletion. The permit includes BMP
requirements for stormwater that discharges directly to state surface waters. Stormwater from
other areas that do not discharge directly to surface waters (e.g., plant area, parking lots, oil
storage and handling facility) as well as all plant area floor drains are routed to the ash pond,
which is already permitted for relevant water quality parameters (e.g., oil and grease, TSS,
chronic toxicity). Since the ash pond provides treatment prior to discharge to state surface
water, additional BMP requirements are considered unnecessary to achieve water quality
standards. Finally, if there is any anticipated change in the current discharge of toxic
substances, the permittee is required to notify the Division according to requirements specified
in boilerplate condition Part III. C- Changes in Discharges of Toxic Substances.
• EPA commented on the proposed deletion of Special Condition J (which prohibits the discharge
of any product registered under FIFRA). In response to EPA comments, the Fact Sheet was
modified to include additional rationale for the deletion. Discussion with CP&L indicates that
no insecticides or rodenticides are used onsite. The facility does hire a licensed termite
applicator to treat buildings, and licensed applicators are also employed to apply herbicides for
weed control. Finally, if there are any anticipated changes in the current discharge of toxic
substances, the permittee is required to notify the Division according to requirements specified
in boilerplate condition Part III. C- Changes in Discharges of Toxic Substances.
• In response to CP&L comment, correct the citation referenced in the fourth line of Special
Condition A(7) to read Section 122.21(m)(6). The citation in the draft permit was incorrect.
• Correct the typographical errors in Special Condition A(9), Part(f)(2).
• Several CP&L comments regarding Part II Boilerplate Language will be deferred until the next
boilerplate revision. The Division agrees that the "bypass" definition is to be interpreted as the
EPA definition.
• Change the permit expiration date to 4/..30‘based on French Broad River Basin renewal
schedule. ILrs i/os -r6 6„,,,1 SM4 el 0.K.
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 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.

NC0000396 r
CP&L-Asheville
Page 4
If you have any questions concerning this permit, please contact Tom Belnick at telephone number
[phone], extension 543.
Sincerely,
Original Signed By
David A. Goodrich
Gregory J. Thorpe, Ph.D.
cc: US EPA, Region 4 (Final + Fact Sheet)
Asheville Regional Office/Water Quality Section (Final)
Point Source Compliance Enforcement Unit (Final)
NPDES file (Final + Fact Sheet)
Central Files (Final + Fact Sheet)
Louise England, CP&L, 3932 New Hill-Holleman Road, New Hill, NC 27562-0327 (Final)

4
Permit No. NC0000396
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 Power and Light Company
is hereby authorized to discharge wastewater from a facility located at the
Asheville Steam Electric Generating Plant
200 CP&L Drive
Arden, North Carolina
Buncombe County
to receiving waters designated as the French Broad River, Lake Julian, and an unnamed tributary to
Powell Creek in the French Broad 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 February 1, 2002.
This permit and the authorization to discharge shall expire at midnight on December 31, 2005.
Signed this day December 17, 2001.
Original Signed By
David A. Goodrich
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit No. NC0000396 ,
SUPPLEMENT TO PERMIT COVER SHEET
Carolina Power&Light Company
is hereby authorized to:
1. Continue to operate the following systems located at Asheville Steam Electric Generating
Plant,200 CP&L Drive,Arden,Buncombe County:
• Ash Pond Treatment System (Outfall 001). Outfall 001 discharges directly to the
French Broad River. The ash pond receives ash transport water,coal pile runoff,
storm water runoff,various low volume wastes(such as boiler blowdown,
backwash from the water treatment processes,ash hopper seal water,plant drains),
air preheater cleaning water,and potentially chemical metal cleaning wastewater
discharged from Internal Outfall 004.
• Once Through Non-Contact Cooling Water System(Outfall 002). This
wastestream is discharged directly to Lake Julian via Outfall 002.
• Chemical Metal Cleaning Treatment System(Internal Outfall 004). This
wastestream may occasionally be discharged via Internal Outfall 004 to the ash pond
treatment system or to the old ash pond (with prior DWQ approval). Generally
chemical metal cleaning wastes are treated by evaporation in boilers.
• Stormwater Discharge System The facility is permitted to discharge stormwater to
Lake Julian and an unnamed tributary to Powell Creek through the following
outfalls:
• Outfalls SW-1,SW-2,and SW-3-Drainage from the new access road
used to transport coal and oil truck deliveries. Outfalls discharge to
Lake Julian.
• Outfalls SW-4, SW-5,and SW-6-Drainage from the old access road
used to transport coal and oil truck deliveries. Outfalls SW-4 and
SW-6 discharge to Lake Julian,while SW-5 discharges to an unnamed
tributary to Powell Creek.
2. Discharge from said treatment works and/or outfalls at the locations specified on the
attached map into the French Broad River(via Outfall 001),Lake Julian(via Outfall 002,
SW-1,2,3,4,6),and an unnamed tributary to Powell Creek(via SW-5),which are all classified
as C waters in the French Broad River Basin.

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Latitude: 35°28'02" CP&L-Asheville
Longitude: 82°32'56" N Steam Electric Plant
USGS Quad#: FBNE
River Basin#: 04D3 02 Buncombe County
Receiving Stream: French Broad R. N00000396
Lake Julian
UT Powell Crk.
Stream Class: C

4
,-
Permit
Permit No. NC0000396 •
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 (Ash Pond Treatment System). Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Locationl
Flow Weekly Instantaneous E
Oil and Grease 15.0 mg/1 20.0 mg/I 2/Month Grab E
Total Suspended Solids 30.0 mg/I 100.0 mg/I 2/Month Grab E
PH 6 < pH < 9 Weekly Grab E
Total Arsenic Monthly Grab E
Total Selenium Monthly Grab E
Total Copper Monthly Grab E
Total Nitrogen Quarterly Grab E
(NO2+NO3+TKN)
Total Phosphorus Quarterly Grab E
Chronic Toxicity2 Quarterly Grab E
Notes:
1. Sample locations: E- Effluent.
2. Chronic Toxicity(Ceriodaphnia)at 1.4%;January,April,July, October; See Special Condition A(6).
There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be
no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid.

i
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• Permit No. NC0000396
A(2). 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 002(Once Through Cooling Water). Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Maximum Measurement Sample Sample
Average Frequency Type Locationt
Flow Daily Pump Logs E
Total Residual Chlorine2 200 ug/1 Daily Grab E
Time of Chlorine Addition2 2 hours Daily Logs
Total Copper - Quarterly Grab E
Temperature 44.4°C Daily Recorder E
PH Weekly Grab E
Notes:
1. Sample locations: E- Effluent.
2. Total residual chlorine shall not be discharged from any single generating unit for more than two hours
per day, unless the Permittee demonstrates to the Division of Water Quality that discharge for more
than two hours is required for macroinvertebrate control. The 200 pg/I limitation is an instantaneous
maximum effluent limitation defined as the value which shall not be exceeded at any time, and is to be
measured during the chlorine release period. If the chlorine release period is programmed for multiple
intervals per day,sampling is required only during one representative interval per day. Simultaneous
multi-unit chlorination is permitted.
The mixing zone has been defined as all of Lake Julian.
The permittee shall obtain authorization from the Division prior to use of any chemical additive in the
discharge. The permittee shall notify the Director in writing at least ninety(90) days prior to instituting use
of any additional additive in the discharge which may be toxic to aquatic life (other than additives
previously approved by the Division). Such notification shall include completion of Biocide Worksheet
Form 101 (if applicable), a copy of the MSDS for the additive,and a map indicating the discharge location.
There shall be no chromium,zinc,or copper added to the discharge except as pre-approved
additives to biocidal compounds.
There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for
transformer fluid. There shall be no discharge of floating solids or visible foam in other than trace
amounts.

i
r
Permit No. NC0000396 •
A.(3). 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 Internal Outfall 004(Chemical Metal Cleaning Treatment System). Such
discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Dally Measurement Sample Sample
Average Maximum Frequency Type Location1
Flow Per discharge event Instantaneous E
Total Copper 1.0 mg/I 1.0 mg/I Per discharge event Grab E
Total Iron 1.0 mg/1 1.0 mg/1 Per discharge event - Grab E
Notes:
1. Sample locations: E- Effluent, prior to mixing with any other wastestream.
The chemical metal cleaning waste shall be discharged to the new ash pond or old ash pond(with prior
DWQ approval) after pretreatment.
There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for
transformer fluid. There shall be no discharge of floating solids or visible foam in other than trace
amounts.

• Permit No. NC0000396
A (4). STORMWATER LIMITATIONS AND MONITORING REQUIREMENTS/Analytical Monitoring
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge stormwater from Outfalls SW-1,2,3 (drainage from new access road used to
transport materials) and Outfalls SW-4,5,6 (drainage from old access road used to transport materials).
Such discharges shall be limited and monitored by the Permittee as specified below:
STORMWATER LIMITS MONITORING REQUIREMENTS
DISCHARGE
CHARACTERISTICS
Units Cut-off Measurement Sample Sample
Concentration) Frequency2 Type Location3
Total Flow4 MG Annual SW-3
Total Rainfall4 Inches Annual
Event Duration Minutes Annual
Oil and Grease Mg/I 30.0 Annual Grab SW-3
COD Mg/I 120.0 Annual Grab SW-3
TSS Mg/I 100.0 _ Annual Grab SW-3
Notes:
1. Cutoff Concentration. For each parameter, the arithmetic mean of all analytical sampling results
collected during the first year of the permit shall be calculated for each individual outfall and compared
to the cut-off concentrations listed. If the arithmetic mean is below the specified cut-off concentration
for a given parameter, then the facility is not required to continue annual analytical monitoring for that
parameter at the outfall during the term of the permit unless a significant change in facility operations
or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an
individual discharge outfall,the permittee is required to maintain facility operations that ensure the
continuation of stormwater runoff quality.
2. Measurement frequency. Once per year. The facility must perform analytical sampling during the first
full year and last year of the permit term regardless of cut-off concentration conditions. Analytical
results from sampling during the final year of the permit term must be submitted with the permit
renewal application. Failure to monitor storm events in accordance with the specified frequency shall
constitute a violation of this permit.
3. Sample Location. Based on the similar nature of these stormwater discharges, the permittee has
been granted representative outfall status. Representative sampling will be conducted at outfall SW-3.
4. For each sampled representative storm event the total precipitation, storm duration, and total flow
must be monitored. Total flow shall be either: (a) measured continuously, (b) calculated based on the
amount of area draining to the outfall, the amount of build-upon (impervious) area, and the total
amount of rainfall, or(c) estimated by the measurement of flow at 20 minute intervals during the
rainfall event (not to exceed three hours).
For purposes of the stormwater sampling required in this permit, all samples shall be collected from a
discharge resulting from a representative storm event (See Part II, Section A(17)).

Permit No. NC0000396
A(5). STORMWATER MONITORING REQUIREMENTS/Qualitative Monitoring
Qualitative monitoring requires a qualitative inspection of each stormwater outfall, regardless of
representative outfall status,for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required.
Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm
event.
Stormwater Discharge Measurement Sample
Characteristics Frequency1 Location
Color Semi-Annual SDO
Odor Semi-Annual SDO
Clarity Semi-Annual SDO
Floating Solids Semi-Annual SDO
Suspended Solids Semi-Annual SDO
Foam Semi-Annual SDO
Oil Sheen Semi-Annual SDO
Other obvious indicators of stormwater pollution Semi-Annual SDO
Notes:
1. Measurement Frequency. The first qualitative monitoring event during the term of the permit must be
performed during the initial analytical monitoring event. All subsequent qualitative monitoring will be
performed twice per year,once in the spring (April-June) and once in the fall (September-
November).
2. Sample Location: SDO-Stormwater Discharge Outfalls SW-1 through SW-6.

Permit No. NC0000396
SPECIAL CONDITIONS
A(6). CHRONIC TOXICITY PERMIT LIMIT(ORTRLY)-- Outfall 001 (Ash Pond)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality
to Ceriodaphnia dubia at an effluent concentration of 1.4%. The permit holder shall perform at a minimum,
Quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent
Bioassay Procedure," Revised February 1998,or subsequent versions or"North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The tests will
be performed during the months of January,April,July, and October. Effluent sampling for this testing shall
be performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two
following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-
February 1998)or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B
for the pass/fail results and THP3B for the Chronic Value. Completed Aquatic Toxicity Test Forms shall be
filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for
which the report is made.Additionally, DWG Form AT-3(original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine
is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required,the permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name, permit number, pipe number,county, and the month/year of the report with the
notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental
Sciences Branch at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will
be required during the following month. Should any test data from this monitoring requirement or tests
performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving
stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls, shall
constitute an invalid test and will require immediate follow-up testing to be completed no later than the last
day of the month following the month of the initial monitoring.

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Permit No. NC0000396
A(7). SECTION 316(A)THERMAL VARIANCE REAPPLICATION
The thermal variance granted under Section 316(a)terminates on expiration of the NPDES permit. Should
the permittee wish a continuation of its 316(a) thermal variance beyond the term of this permit,
reapplication for such continuation shall be submitted in accordance with 40 CFR Part 125, Subpart H and
Section 122.21(m)(6) not later than 180 days prior to permit expiration. Reapplication shall include a basis
for continuation such as a) plant operating conditions and load factors are unchanged and are expected to
remain so for the term of the reissued permit; b) there are no changes to plant discharges or other
discharges in the plant site area which could interact with the thermal discharges; and c) there are no
changes to the biotic community of the receiving waterbody which would impact the previous variance
determination.
A(8).STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan,
for direct discharges of stormwater to surface waters (i.e., via outfalls SW-1 through SW-6 located along
the vehicle access roads). The Plan shall be considered public information in accordance with Part II,
Section E.10.of this permit. The Plan shall include,at a minimum,the following items:
a. Site Plan: The site plan shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of regulated stormwater
discharges. The site plan shall contain the following:
(1) A general location map(USGS quadrangle map, or appropriately drafted equivalent map),
showing the facility's location in relation to transportation routes and surface waters, and
the name of the receiving water(s) to which the stormwater outfalls) discharges. If the
discharge is to a municipal separate storm sewer system, the name of the municipality
and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of
discharge must be shown.
(2) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices.
(3) A site map (or series of maps) drawn to scale with the distance legend indicating location
of industrial activities (including storage of materials, disposal areas, process areas, and
loading and unloading areas), drainage structures, drainage areas for each outfall and
activities occurring in the drainage area, building locations and impervious surfaces, the
percentage of each drainage area that is impervious. For each outfall, a narrative
description of the potential pollutants which could be expected to be present in the
regulated stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3
previous years and any corrective actions taken to mitigate spill impacts.
(5) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The certification statement will be signed in accordance with the
requirements found in Part II, Section B.11.
b. Stormwater Management Plan: The stormwater management plan shall contain a narrative
description of the materials management practices employed which control or minimize the
exposure of significant materials to stormwater, including structural and non-structural measures.
The stormwater management plan,at a minimum,shall incorporate the following:
(1) A study addressing the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and

Permit No. NC0000396
processes to stormwater. Wherever practicable the permittee should consider covering
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure is not
practicable, the stormwater management plan shall document the feasibility of diverting
the stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid materials, storage
of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals, or storage of hazardous materials to prevent leaks and spills
from contaminating stormwater runoff. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be controlled
by manually activated valves or other similar devices [which shall be secured with a
locking mechanism] and any stormwater that accumulates in the containment area shall
be at a minimum visually observed prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated. Records
documenting the individual making the observation, the description of the accumulated
stormwater and the date and time of the release shall be kept for a period of five years.
(3) A narrative description of Best Management Practices (BMPs) to be considered such as,
but not limited to, oil and grease separation, debris control, vegetative filter strips,
infiltration and stormwater detention or retention, where necessary. The need for
structural BMPs shall be based on the assessment of potential of sources contributing
significant quantities of pollutants to stormwater discharges and data collected through
monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be taken
to limit or prevent erosion associated with the stormwater systems.
c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a
risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility
personnel (or team) responsible for implementing the plan shall be identified in the plan. A
responsible person shall be on-site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the facility
operations.
d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance
program shall be developed. The program shall document schedules of inspections and
maintenance activities of stormwater control systems, plant equipment and systems. Inspection of
material handling areas and regular cleaning schedules of these areas shall be incorporated into
the program.
e. Training schedules shall be developed and training provided at a minimum on an annual basis on
proper spill response and cleanup procedures and preventative maintenance activities for all
personnel involved in any of the facility's operations that have the potential to contaminate
stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be
identified in the plan.
f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the
overall coordination, development, implementation, and revision to the Plan. Responsibilities for
all components of the Plan shall be documented and position(s)assignments provided.
g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design,
construction, operation, or maintenance which has a significant effect on the potential for the
discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention
Plan shall be reviewed and updated on an annual basis.
The director may notify the permittee when the Plan does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time
schedule to the Director for modifying the Plan to meet minimum requirements. The permittee

Permit No. NC0000396
shall provide certification in writing (in accordance with Part III, Standard Conditions, Section
B.11.)to the Director that the changes have been made.
h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September- November) and once during the
spring (April - June). The inspection and any subsequent maintenance activities performed shall
be documented, recording date and time of inspection, individual(s) making the inspection and a
narrative description of the facility's stormwater control systems, plant equipment and systems.
Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan.
Visual monitoring as required in A(4) Stormwater Monitoring Requirements/Qualitative Monitoring
shall be performed in addition to facility inspections.
Implementation: Implementation of the Plan shall include documentation of all monitoring,
measurements, inspections, maintenance activities and training provided to employees, including
the log of the sampling data. Activities taken to implement BMPs associated with the industrial
activities, including vehicle maintenance activities, must also be recorded. All required
documentation shall be kept on-site for a period of five years and made available to the Director or
his authorized representative immediately upon request.
A(9). STORMWATER MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the
Director of the Division of Water Quality:
a. If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall
status. If it is established that the stormwater discharges are substantially identical and the
permittee is granted representative outfall status, then sampling requirements may be performed
at a reduced number of outfalls.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow
shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be
documented and records maintained with the Stormwater Pollution Prevention Plan. The initial
visual monitoring event shall be performed simultaneously with the first analytical monitoring event
and documentation of only this initial visual monitoring event shall be submitted along with the
required analytical monitoring submittal.
c. For purposes of the stormwater sampling required in this permit, all samples shall be collected
from a discharge resulting from a representative storm event(See definitions in Part II, Section A).
Failure to monitor storm events in accordance with the specified frequency shall constitute a
violation of this Pe the following
If the stormwater runoff is controlled by a detention pond,
sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours,
visual observations for color, foam, outfall staining, visible sheens and dry weather flow
are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-year,
24-hour storm,the pond shall be considered a non-discharging stormwater control system
and not subject to NPDES requirements, unless the discharge causes a violation of water
quality standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
approved by the Director no later than January 31 for the previous year in which sampling was
required to be performed.

•
Permit No. NC0000396
e. Analytical results from sampling during the final year of the permit term shall be submitted with the
permit renewal application.
f. This permit regulates stormwater discharges associated with industrial activity. Non-stormwater
discharges which shall be allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by an NPDES permit.
(2) Foundation drains,air-conditioner condensate without added chemicals, springs, waterline
and fire hydrant flushing, water from footing drains, flows from riparian habitats and
wetlands,fire-fighting training and fire system testing.
(3) Discharges resulting from fire-fighting.
g. If the storm event monitored and reported in accordance with this permit coincides with a non-
stormwater discharge,the permittee shall separately monitor and report all parameters as required
under the non-stormwater portion of this permit and provide this information with the stormwater
discharge monitoring report.

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PART 1
WASTEWATER AND STORMWATER MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
Section A. Final Limitations and Controls for Wastewater Discharges
1. This permit shall be modified or revoked and reissued to incorporate toxicity limitations and
monitoring requirements in the event toxicity testing or other studies conducted on the
effluent or receiving stream by or under DWQ supervision indicate that detrimental effects
may be expected in the receiving stream as a result of this discharge.
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations and monitoring requirements,
stormwater monitoring, and stormwater controls specified for discharges in accordance
with the following,schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit.
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part II, Section A.19 of this permit, shall be
accomplished within 12 months of the effective date of this permit.
2. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.

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Boilerplate Part II
• Page 1 of 18
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.

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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 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.

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• Boilerplate Part II
Page 3 of 18
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 (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.

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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.
13. Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of waters of the United States.
BMPs also include treatment requirements, operation procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material
storage.
14. Bulk Storage of Liquid Products
Liquid raw materials (excluding water), manufactured products, waste materials or by-
products with a single above ground storage container having a capacity of greater than
660 gallons or with multiple above ground storage containers having a total storage
capacity of greater than 1,320 gallons.
15. Coal Pile Runoff
The rainfall runoff from or through any coal storage pile.
16. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and
which is not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.
17. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then stops,
a sample may be collected if a rain producing a discharge begins again within the next 10
hours.
18. Runoff Coefficient
The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil,
concrete, asphalt or other surface upon which it falls that will appear at the conveyance as
runoff.

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Boilerplate Part II
Page 5 of 18
19. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
20. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right-to-Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
c. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain
toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
21. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14) of
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III
of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges.
22. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and
CFR 117.21) or section 102 of CERCLA(Ref: 40 CFR 302.4).
23. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
24. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater
and which is directly related to manufacturing, processing or raw material storage areas at
an
industrial site. The term does not include discharges from facilities or activities excluded
from the NPDES program.
The following categories of facilities are considered to be engaging in'industrial
activity":

Boilerplate Part II
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a. Facilities subject to stormwater effluent limitations guidelines, new source performance
standards, or toxic pollutant effluent standards under 40 CFR Subchapter N, Parts 400-
471 (except facilities which are exempted under (k) of this definition);
b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except
265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373;
c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral
industry) including active or inactive mining operations (except for areas of coal mining
operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil
and gas exploration, production, processing, or treatment operations, or transmission
facilities that discharge stormwater contaminated by contact with or that has come in
contact with, any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations; inactive mining
operations are mining sites that are not being actively mined, but which have an
identifiable owner/operator;
d. Hazardous waste treatment, storage, or disposal facilities, including those that are
operating under interim status or a permit under Subtitle C of RCRA;
e. Landfills, land application sites, and open dumps that receive or have received any
industrial wastes (waste that is received from any of the facilities described under this
definition) including those that are subject to regulation under Subtitle D of RCRA;
f. Facilities involved in the recycling of materials, including metal scrapyards, battery
reclaimers, salvage yards and automobile junkyards, including but limited to those
classified as Standard Industrial Classification 5015 and 5093;
g. Steam electric power generating facilities, including coal handling sites;
h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44,
and 45 which have vehicle maintenance shops, equipment cleaning operations, or
airport deicing operations. Only those portions of the facility that are either involved in
vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting,
fueling and lubrication), equipment cleaning operations, airport deicing operations, or
which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with
industrial activity;
1. Treatment works treating domestic sewage or any other sewage sludge or wastewater
treatment device or system, used in the storage treatment, recycling, and reclamation of
municipal or domestic sewage, including lands dedicated to the disposal of sewage
sludge that are located within the confines of the facility, with a design flow of 1.0 mgd
or more, or required to have an approved pretreatment program under 40 CFR part 403.
Not included are farm lands, domestic gardens or lands used for sludge management
where sludge is beneficially reused and which are not physically located in the confines
of the facility, or areas that are in compliance with section 405 of the CWA;
j. Construction activity including clearing, grading and excavation activities except:
operations that result in the disturbance of less that five acres of total land area which
are not part of a larger common plan of development or sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267,
27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39,
4221-25, (and which are not otherwise included within (a)-(j) of this definition).
For the categories of industries identified in (a) through 0) of this definition the term
includes, but is not limited to, stormwater discharges from industrial plant yards;
immediate access roads and rail lines used or traveled by carriers of raw materials,

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manufactured products, waste material, or by-products used or created by the facility;
material handling sites; refuse sites; sites used for the application or disposal of process
wastewaters; sites used for the storage and maintenance of material handling equipment;
sites used for residual treatment, storage, or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including tank farms) for raw materials, and
intermediate and finished products; and areas where industrial activity has taken place in
the past and significant materials remain and are exposed to stormwater. For the
categories of industries identified in (k), the term includes only stormwater discharges from
all areas listed in the previous sentence (except access roads) where material handling
equipment or activities, raw material, intermediate products, final products, waste material,
by-products, or industrial machinery are exposed to stormwater.
Material handling activities include the: storage, loading and unloading, transportation, or
conveyance of any raw material, intermediate product, finished product. by-product or
waste product. The term excludes areas located on plant lands separated from the plant's
industrial activities, such as office buildings and accompanying parking lots as long as the
drainage from the excluded areas is not mixed with stormwater drained from the above
described areas.
Industrial facilities (including industrial facilities that are Federally or municipally owned or
operated that meet the description of the facilities listed in (a)-(k)) include those facilities
designated under 40 CFR 122.26(a)(1)(v).
25.Ten Year Design Storm
The precipitation event of a duration which will produce the maximum peak rate of runoff
for the watershed of interest resulting from a rainfall event of an intensity expected to be
equaled or exceeded, on the average, once in ten years.
26. Total Flow
The flow corresponding to the time period over which the sample collection occurs. The
total flow calculated based on the size of the area draining to the outfall, the amount of the
built-upon (impervious) surfaces within the drainage area, and the total amount of rainfall
occurring during the sampling period.
27. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
28. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.
29. Waste Pile
Any non-containerized accumulation of solid, non-flowing waste that is used for treatment
or storage.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply

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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 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§ 143-215.6A1
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 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.

•
Boilerplate Part II
Page 9 of 18
•
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 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.
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.

Boilerplate Part II
Page 10 of 18
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:
(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 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
of a well or well field, superintendent, a position of
plant manager, operator pe
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."

•
Boilerplate Part II
Page 11 of 18
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 NCAC
Chapter 8G .0200. The ORC of the facility must visit each Class I 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, NCAC Chapter 8G .0200. 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.

Boilerplate Part II
Page 12 of 18
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
p) "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 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
p) 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. 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. p) of this section.

Boilerplate Part II
Page 13 of 18
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 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

Boilerplate Part II
Page 14 of 18
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 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
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 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 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

• Boilerplate Part II
Page 15 of 18
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.
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.

Boilerplate Part II
Page 16 of 18 •
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 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. Tfansfers
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
at the intervals specified elsewhere in this permit.
Monitoring results shall be reported pe
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part
II. 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.
6. Twenty-four Hour Reporting

•
Boilerplate Part II
Page 17 of 18
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.

Boilerplate Part II •
Page 18 of 18 •
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.

•
Boilerplate Part III
Page 1 of i
PART HI
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:
vi has occurred or will occur which would result in the discharge, on a
a.That any activity g
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 acrylonitrile; five
hundred micrograms per liter (500 ug/l) 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.

Boilerplate Part N
Page l of 1
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
Section A. Fee Requirements
1. 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.

Re:Response to Comments;NC0000396;CP&L AshevilleEM 1'e� /I" q
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Subject: Re: Response to Comments; NC0000396; CP&L Asheville
Date: Tue, 07 Aug 2001 13:37:16 -0400
F , ... - • - [e-mail]
To: Tom Belni ' - • [e-mail]> ,-
64
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Response to Comments;NC0000396;CP&L Asheville
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Subject: Response to Comments; NC0000396; CP&L Asheville
Date: Tue, 07 Aug 2001 11:02:43 -0400 � liAncif
From:Tom Belnick<[e-mail]>
To: [e-mail]
CC: [e-mail], [e-mail].
Dave Goodrich <Dave.Goodrich @ ncmai l.net>
Hi Karrie-Jo: I've attached the final cover letter and Fact Sheet, which
explain how the final permit was developed. The cover letter addresses
all EPA and CP&L comments. I'll sit on finalizing this one until I hear
back from you. Thanks.
Mailto:[e-mail]
N.0 DENR-DWQ/NPDES Unit
1617 Mail Service Center, Raleigh NC 27699-1617
Work: (919) 733-5083 ext. 543
Fax: (919) 733-0719
Name: 396 fact sheet.doc
p396 fact sheet.doc Type: Microsoft Word Document(application/msword)
Encoding: base64
Name: 396-finalcoverltr.doc
396-finalcoverltr.doc Type: Microsoft Word Document(application/msword)
Encoding: base64
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June 12, 2001 1-111 ,)U N 1 5 2001
Ref: 4WMD-PGTAB
DENR - WATER QUALITY
POINT SOURCE BRANCH
Tom Belnick -
NPDES Unit
State of North Carolina
Department of Environment and
Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Sub: CP&L Asheville
NPDES No. NC0000396
Dear Mr. Belnick:
I have completed review of the draft National Pollutant Discharge Elimination System
(NPDES) permit for the above facility, and offer the following comments. 0�
Although t' - .raft permit contains Best Management Practices (BMPs) pertaining to
V storm water management, in accordance with 40 CFR 122.44(k) and Section 304(e) of the
Clean Water Act, NPDES permits must contain permit language pertaining to the
l,: j),,,),
development and implementation of BMPs for the plant/facility site.
/2. The current/effective NPDES permit contains a Special Condition J, which prohibits e
discharge of an iroject egistered under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA). If this condition is not retained, the fact sheet should clarify
that Special Condition I is no longer applicable to this facility. -re jou", ior`(1h Wei)
3?' For clarification, the draft permit should contain a definition for"instantaneous - 1,,,, ,",ectir61-.4,uk-
maximum". An instantaneous maximum is defined as the value which shall not be
exceeded at any time.
Internet Address(URL)• http://www,epa.gov
Recycled/Recyclable•Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 3054.Postconsumer)

2
4. It appears that the permittee has complied with the all the Section 316a renewal guidelines
set forth in the EPA letter dated August 11, 1988. Please forward copies of CP&L's
annual Environmental Monitoring Reports for this plant, which the company mentions in
their March 30, 2000 letter to Mr. Charles Weaver of your division.
I request the opportunity to review the revised draft permit prior to the public notice. If
• you have any questions, please contact me at 404/562-9308.
Yours truly,
I /
J
Karrie-Jo Robinson-Shell
Environmental Engineer
Permits, Grants and Technical Assistance Branch
Water Management Division

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1,eJ `t fluent guidelines for
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fironmental Protection Agency §122.44
ti Separate story nits only 122.47(b) (alternates combination of the two, in accordance
esignated by th.
;a)(1)(v) of >dule of compliance)and 122.49(con- with 1125.3.For new sources or new dist.
-
tb), rations under Federal law). chargers, these technology based limi-
nual report b,
datenof the X1) For a State issued permit, an tations and standards are subject to
�r such system. ;�iicable requirement is a State stat- the provisions of 1122.29(d) (protection
e; ory or regulatory requirement which period).
ementing the kes effect prior to final administra- (bXl) Other effluent limitations and
plp1 water man ,ye disposition of a permit. For a per- standards under sections 301, 302, 303,
mare established 'lit issued by EPA, an applicable re- 307, 318 and 405 of CWA. If any applica-
uirement is a statutory or regulatory ble toxic effluent standard or prohibi- r
to the stormequirement (including any interim tion(including any schedule of compli-
r msthat ere ;nal regulation) which takes effect ance specified in such effluent standard
>rior to the issuance of the permit(ex- or prohibition) is promulgated under
>ndition. Such
consistent rept as provided in 1124.86(c) for section 307(a)of CWA for a toxic pollut-
beipeonart;and NPDES permits being processed under ant and that standard or prohibition is
to then as- subpart E or F of part 124). Section more stringent than any limitation on
try,the flats- 124.14 (reopening of comment period) the pollutant in the permit, the Direc-
permlt provides a means for reopening EPA tor shall institute proceedings under '
permit appli.alipermit proceedings at the discretion of these regulations to modify or revoke
the Director where new requirements and reissue the permit to conform to •
ta, including become effective during the permitting the toxic effluent standard or prohibi-
a�umulated process and are of sufficient magnitude tion.See also 1122.41(a).
ear;
make additonal proceedings desir- (2) Standards for sewage sludge use or
able. For State and EPA administered disposal under section 405(d)of the CWA
and budget
ual report; programs, an applicable requirement is unless those standards have been the number in-
also any requirement which takes ef- eluded in a permit issued under the ap-
actions, er fect prior to the modification or rev- propriate provisions of subtitle C of the
cation in-nocation and reissuance of a permit, to Solid Waste Disposal Act, Part C of
the extent allowed in.122.62. Safe Drinking Water Act, the Marine
quality fin- (2) New or reissued permits, and to Protection, Research, and Sanctuaries
the extent allowed under 1122.62 modi- Act of 1972, or the Clean Air Act, or
The initial fled or revoked and reissued permits, under State permit programs approved
en- shall incorporate each of the applicable by the Administrator. When there are
Pursuant requirements referenced in ii 122.44 and no applicable standards for sewage
ill require 122.45. sludge use or disposal, the permit may
ins of the (c) Incorporation. All permit condi- include requirements developed on a
acticable, tions shall be incorporated either ex- case-by-case basis to protect public
ree years measly or by reference. If incorporated health and the environment from any
the per- by reference, a specific citation to the adverse effects which may occur from
applicable regulations or requirements toxic pollutants in sewage sludge. If -.III
must be given in the permit. any applicable standard for sewage
Ided at 49 sludge use or disposal is promulgated
'• Jan. 31, \ ;1!12.44 Establishing limitations, under section 405(d) of the CWA and
FR 60448, standards, and other permit condi- that standard is more stringent than
1k.
tions (applicable to state NPDESt+
. programs,see 1123.25). any limitationcnon the pollutantheor Q
iditions In addition to the conditions estab- practice in the permit, the Director s
ms, see may initiate proceedings under these
lished under 1122.43(a), each NPDES regulations to modify or revoke and re-
uired permit shall include conditions meet- issue the permit to conform to the
q') the ing the following requirements when standard for sewage sludge use or dia-
,
as applicable. poral.
is, to (a) Technology-based effluent limita- (c)Reopener clause:for any discharger
ith tions and standards based on effluent within a primary industry category
W ithd limitations and standards promulgated (see appendix A), requirements under
under section 301 of CWA or new source section 307(aX2)of CWA as follows:
i
ler- performance standards promulgated (1)On or before June 30, 1981:(i)If ap-
i- under section 306 of CWA, on case-by- plicable standards or limitations have
PA case effluent limitations determined not yet been promulgated, the permit i
under section 402(a)(1) of CWA, or on a shall include a condition stating that, 1
i
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_
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- _Ir
NPUES C...._
N.
based effluent guided,:
technology-based effluent
_ .-.,t:1e .villa etPam ��.. ... ._..
(7-1-93 Edition) ironmentd Protection Agency §122.44
appropriate to ,, basis pursuant to section 405(dX4) compliance with the plan and the per-
3(c); or `ie CWA. mit, and identifying any incidents of
.at the limita- v) According to test procedures ap- non-compliance;
ants meetin ed under 40 CFR part 136 for the (iii) Such report and certification be
(e)(1) of this Lyses of pollutants having approved signed in accordance with 1122.22;and
v: hods under that part, and accord- (iv) Permits for storm water die- 1
se pollutants: to a test procedure specified in the cb.rges associated with industrial ac-
nit for pollutants with no approved tivity from inactive mining operations
•�r pollutants hods. may, where annual inspections are im-
'he Director, ?) Except as provided in paragraphs practicable, require certification once
. the pollut- i) and (i)(5) of this section, require- every three years by a Registered Pro-
. of this sea nts to report monitoring results fessional Engineer that the facility is
1
i by §125.3(0). x.11 be established on a case-by-case in compliance with the permit, or al-
notification :;is with a frequency dependent on ternative requirements.
Iotification • nature and effect of the discharge, (5) Permits which do not require the
(iii), upon , in no case less than once a year. submittal of monitoring result reports r
- or on the sewage sludge use or disposal prae- at least annually shall require that the '4
N notifica- es, requirements to monitor and re- permittee report all instances of non- i
the level `t results shall be established on a compliance not reported under J
the tech- e-by-case basis with a frequency de- §122.41(1)(1),(4), (5), and(6)at least an-
:irements :dent on the nature and effect of the nt,Rlly.
ee under ...age sludge use or disposal practice; (j) Pretreatment program for POTWs.
nimally this shall be as specified in Requirements for POTWs to:
;. Pollut- CFR part 503(where applicable), but (1)Identify►,in terms of character and
must re- no case less than once a year. volume of pollutants, any significan `
'Lily dis- 3) Requirements to report monitor- indirect dischargers into the POTS
under results for storm water discharges subject to pretreatment standard
)(;Irting) .,ociated with industrial activity under section 307(b)of CWA and 40 CF]
"his list :ich are subject to an effluent limita- part 403.
`ant or 1n guideline shall be established on a (2) Submit a local program when re
-Mutant se-by-case basis with a frequency de- quired by and in accordance with 4
hod to ndent on the nature and effect of the CFR part 403 to assure compliance wit
trdous scharge,but in no case less than once pretreatment standards to the exten
'ems' applicable under section 307(b). Tb
• monitor-
forth 4) Requirements to reportlocal program shall be incorporate
g results for storm water discharges into the permit as described in 40 CF:
addi- sociated with industrial activity part 403. The program shall require a
ii tor- they than those.addressed in para- indirect dischargers to the POTW t
•aph (1)(3) of this section) shall be es- comply with the reporting requir4
tblished on a case-by-case basis with a
^mit equency dependent on the nature and meats of 40 CFR part 403.
'r' :feet of the discharge. At a minimum, (3) For POTWs which are "sludge-
!feet only facilities." a requirement to de-
• permit for such a discharge must re-
:ut- aim. velop a pretreatment program under 40
(1) The discharger to conduct an an- CFR part 403 when the Director deter- b
-fedual inspection of the facility site to mines that a pretreatment program is Q
dentify areas contributing to a storm necessary to assure compliance with s F
o- •rater discharge associated with Indus- Section 405(d)of the CWA.
VP
alsial activity and evaluate whether (k) Best management practices to con-
•t' Measures to reduce pollutant loadings trol or abate the discharge of pollut-
a- when:
in a storm water pollution Authorized under sectio 304(e) •f
)revention plan are adequate and prop-
`s -rly implemented in accordance with CWA for the control of toxic po ti wits
s •he terms of the permit or whether ad- and hazardous substances from anvil-
a 7itional control measures are needed; lary industrial activities;
- (ii)The discharger to maintain for a (2) Numeric effluent limitations are .,,R o
Period of three years a record summa- infeasible,or
1 razing the results of the inspection and (3) The practices are reasonably nec-
- a certification that the facility is in essary to achieve effluent limitations
117
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r
§122.44 40 CFR Ch. I (7-1-c
and standards or to carry out the pur- (E) The permittee has in;
poses and intent of CWA. treatment facilities require
(1)Reissued permits. (1)Except as pro- the effluent limitations in t
vided in paragraph (1)(2) of this section permit and has properly op.
when a permit is renewed or reissued, maintained the facilities bu
interim effluent limitations, standards ertheless been unable to a
or conditions must be at least as strin- previous effluent limitation.
gent as the final effluent limitations, case the limitations in the
standards, or conditions in the pre- reissued, or modified perm.
vious permit(unless the circumstances fleet the level of pollutant
on which the previous permit was tually achieved (but shall
based have materially and substan- stringent than required b_
tially changed since the time the per- guidelines in effect at the ti
mit was issued and would constitute mit renewal, reissuance, or
cause for permit modification or rev- tion).
ocation and reissuance under 1122.62.) (ii) Limitations. In no ev€
(2) In the case of effluent limitations permit with respect to wl
established on the basis of Section graph (1)(2) of this section
402(ax1)0B) of the CWA, a permit may renewed, reissued, or modif
not be renewed, reissued, or modified tain an effluent limitatior.
on the basis of effluent guidelines pro- less stringent than required
mulgated under section 304(b) subse- guidelines in effect at the tin
quent to the original issuance of such mit is renewed, reissued, or
permit, to contain effluent limitations In no event may such a per
which are less stringent than the corn- charge into waters be renew
parable effluent limitations in the pre- or modified to contain a les:
vious permit. effluent limitation if the in
(1)Exceptions—A permit with respect tion of such limitation woul
to which paragraph(1X2)of this section a violation of a water qualit
applies may be renewed, reissued, or under section 303 applicabl
modified to contain a less stringent ef- waters.
fluent limitation applicable to a pol- (m) Privately owned treatn.
lutant,if— For a privately owned
(A) Material and substantial alter- works, any conditions expre
ations or additions to the permitted fa- cable to any user, as a limi
eility occurred after permit issuance mittee, that may be necesnn
which justify the application of a less permit issued to the treatn
stringent effluent limitation; to ensure compliange with
Bxl) Information is available which requirements under this p:
was not available at the time of permit natively, the Director may
issuance (other than revised regula- rate permits to the treatn-
tions, guidance, or test methods) and and to its users, or may req
which would have justified the applica- rate permit application fron
tion of a less stringent effluent limita- The Director's decision to it
tion at the time of permit issuance; or mit with no conditions api
(2) The Administrator determines any user, to impose conditic
that technical mistakes or mistaken or more users, to issue sep.
interpretations of law were made in is- mita, or to require separat
suing the permit under section tions, and the basis for tha
402(aXl)(b); shall be stated in the fact sh,
(C) A less stringent effluent limita- draft permit for the treatmer
tion is necessary because of events over (n)Grants. Any conditions I
which the permittee has no control and grants made by the Admini
for which there is no reasonably avail- POTWs under sections 201 ,
able remedy; CWA which are reasonably
(D)The permittee has received a per- for the achievement of efflux.
mit modification under section 301(c), tions under section 301 of CW
301(g), 301(h), 901(i), 301(k), 301(n), or (o) Sewage sludge. Reck
316(a);or under section 405 of CWA gove
118
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r
US Code:Title 33.Section 1314 http://www4.1aw.cornell.edu/uscode/33/1314.text.htn
•
treatment
o (1)The Administrator, after consultation with appropriate Federal and State agencies and other
interested persons, shall publish within sixty days after October 18, 1972 (and from time to
time thereafter)information,in terms of amounts of constituents and chemical, physical, and
biological characteristics of pollutants,on the degree of effluent reduction attainable through
the application of secondary treatment.
o (2)The Administrator, after consultation with appropriate Federal and State agencies and other
interested persons, shall publish within nine months after October 18, 1972(and from time to
time thereafter)information on alternative waste treatment management techniques and
systems available to implement section 1281 of this title.
o (3)The Administrator, after consultation with appropriate Federal and State agencies and other
interested persons, shall promulgate within one hundred and eighty days after December 27,
1977, guidelines for identifying and evaluating innovative and alternative wastewater
treatment processes and techniques referred to in section 1281(g)(5)of this title.
o (4) For the purposes of this subsection, such biological treatment facilities as oxidation ponds,
lagoons, and ditches and trickling filters shall be deemed the equivalent of secondary
treatment. The Administrator shall provide guidance under paragraph (1) of this subsection on
design criteria for such facilities,taking into account pollutant removal efficiencies and,
consistent with the objectives of this chapter, assuring that water quality will not be adversely
affected by deeming such facilities as the equivalent of secondary treatment.
3�� • (e) Best management practices for industry
The Administrator, after consultation with appropriate Federal and State agencies and other
interested persons,may publish regulations, supplemental to any effluent limitations specified under
subsections (b) and(c) of this section for a class or category of point sources, for any specific
pollutant which the Administrator is charged with a duty to regulate as a toxic or hazardous pollutant
under section 1317(a)(1) or 1321 of this title,to control plant site runoff, spillage or leaks, sludge or
waste disposal, and drainage from raw material storage which the Administrator determines are
associated with or ancillary to the industrial manufacturing or treatment process within such class or
category of point sources and may contribute significant amounts of such pollutants to navigable
waters. Any applicable controls established under this subsection shall be included as a requirement
for the purposes of section 1311, 1312, 1316, 1317,or 1343 of this title, as the case may be, in any
permit issued to a point source pursuant to section 1342 of this title.
• (f) Identification and evaluation of nonpoint sources of pollution;
processes, procedures, and methods to control pollution
The Administrator, after consultation with appropriate Federal and State agencies and other
interested persons, shall issue to appropriate Federal agencies, the States,water pollution control
agencies, and agencies designated under section 1288 of this title, within one year after October 18,
1972 (and from time to time thereafter) information including (1) guidelines for identifying and
evaluating the nature and extent of nonpoint sources of pollutants, and(2) processes,procedures, and
methods to control pollution resulting from-
o (A) agricultural and silvicultural activities, including runoff
from fields and crop and forest lands;
• (B) mining activities, including runoff and siltation from new,
currently operating, and abandoned surface and underground mines;
• (C) all construction activity, including runoff from the
facilities resulting from such construction;
• (D) the disposal of pollutants in wells or in subsurface
excavations;
• (E) salt water intrusion resulting from reductions of fresh
4 of 7 6/21/01 1:43 PM

cPot - Codirtiob
` CP&L
�r A Progress Energy Cumpan r=n
u - 5, 2001-
Mr. Tom BelnickC S�
North Carolina Division of Water Quality �C
NPDES Unit co 00 W
1617 Mail Service Center ``� o
Raleigh, NC 27699-1617
Subject: CP&L—Asheville Steam Electric Plant c^�
NPDES Permit No. NC0000396 I ;
Draft NPDES Permit comments
Dear Mr. Belnick:
Attached are our comments on the subject draft NPDES permit. We appreciate the
opportunity to comment. If you have any questions please contact Louise England at
[phone] or Fred Holt at [phone].
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.
Sincerely,
ttz, 12,
W. T. Tray or
Plant Manager—Asheville Plant
Enclosure
Cc: Josh Collins (Ash Plant)
Diane Elledge (Ash Plant)
Byron Covey (PEB 8A)
Louise England (HEEC)
Fred Holt (HEEC)
Asheville Steam Plant
200 CP&L Drive
Arden,NC 28704

• Asheville Steam Electric Plant
Draft NPDES Permit Comments
NPDES Permit Fact Sheet
:MR i t ru c Oo L 7/►v/o I
•✓The permit fact sheet refers to a reasonable potential analysis (RPA) and presents
results of the RPA but does not provide any information on the procedure for conducting
the RPA. CP&L requests a copy of the procedure for the RPA.
PART I
Section A(1). — Effluent Limitations And Monitoring Requirements
•✓CP&L assumes that the "total" metals listed under Effluent Characteristics are to be
analyzed in the total recoverable form.
Section A(2). — Effluent Limitations And Monitoring Requirements
OCP&L requests that the requirement to monitor and report total copper for Outfall 002 on
Cti a quarterly basis be eliminated. Attached are the total copper results for the time period
,C)^ect , of January 1994 to May 2001. During this time period there have been only 3 data
�►, points above the State Action Level for copper (7 ppb) out of 89 total data points. Most
of the data was below the reporting limits. With only 3 data points above the State
Action Level for copper, CP&L feels that an elimination of the monitoring requirement for
total copper is appropriate.
110 •/CP&L requests that the first sentence in the next to the last paragraph be rewritten as
"The permittee shall obtain authorization from the Division prior to use and discharge of
V49
4- any chemical additive that has not been listed in the permit application".
4'
�, . NQ.
A
Section A(3). — Effluent Limitations And Monitoring Requirements
oCP&L requests the pH monitoring and limit for Outfall 004 be removed. Metal cleaning
waste is an internal outfall to either the new or old ash pond (with DWQ permission). pH
limits and monitoring is required of the effluent of the new ash pond, Outfall 001. The
old ash pond does not discharge.
� •✓ Metal cleaning wastes are produced in batches. CP&L feels that it is more appropriate
iS�6 /
�iV for the measurement frequency to be per batch or per event rather than daily.
Section A(4) — Stormwater Limitations and Monitoring Requirements/Analytical Monitoring
t e�,k •✓The annual /once per year (first full year of permit term) measurement frequency is
�l interpreted to mean within the first 365 days (one year)that elapse after the day on
G which the permit is effective. For example, if the permit is effective on August 1, 2001,
we would have until July 31, 2002 to conduct the measurement.
1

Asheville Steam Electric Plant
Draft NPDES Permit Comments
Section A(7) Section 316(a) Thermal Variance Reapplication
��� k •V The citation referenced in the fourth line cannot be found. The correct citation is
4�r(6r' probably Section 122.21(m) (6).
Section A(8) — Stormwater Pollution Prevention Plan
•tlThis section of the permit appears to be the standard language for storm water program
development at industrial sites. However, the scope of the regulated storm water
discharges at the Asheville plant is certainly less significant than what was intended to
be addressed by the DWQ standard language. Any storm water program development
activities at the Asheville plant would address only the new and old access roads. All
other areas associated with industrial activity for the Asheville Plant drain to the ash
pond which is already permitted. CP&L believes that the storm water discharge
monitoring should suffice for addressing the storm water discharges from the roads.
CP&L, therefore, requests that this section of the permit be deleted or significantly
reduced in scope. We would be glad to meet with the DWQ staff to discuss this issue.
Section A(9) — Stormwater Minimum Monitoring and Reporting Requirements
•✓Part a. of this section allows a facility to petition for representative outfall status. The six
stormwater outfalls for the Asheville Plant are substantially identical. CP&L, hereby
requests that SW-3 be used for representative stormwater monitoring.
,io ��� Part d. requires that monitoring results be submitted no later than January 31 for the
re previous year in which sampling was required to be performed. Using the example in
Section A(4) above, CP&L understands that the monitoring results could be submitted
no later than January 31, 2003.
•V Part f. (2) should contain the word "flushing" after"waterline and fire hydrant."
Additionally, it is believed that"habits" should be "habitats."
Part II Page 1 of 18
cttp • /DEM in item 2 needs to be replaced with DWQ.
Part II Page 10 of 18
• Item 11 - Signatory Requirements, paragraph a. (1) has been modified in the Federal
Regulations. This provision in the DWQ boilerplate should also be updated accordingly.
2

Asheville Steam Electric Plant
Draft NPDES Permit Comments
Part II Page 12 of 18
•/Item 4 — Bypassing of Treatment Facilities, paragraph a.(1) The DWQ defines a bypass
as "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
%5/ mode for the facility." Since neither the NC Statutes nor the DENR regulations contain
a definition of bypass, (other than a bypass in reference to pretreatment) the definition of
bypass should default to the federal definition. The EPA defines bypass as "...the
intentional diversion of waste streams from any portion of a treatment facility." Although
the difference between these definitions may appear to be subtle, the meaning of the
definition in the proposed permit in regard to the reporting requirements and liabilities
associated with the NPDES permit are, in CP&L's belief, significant and excessive
beyond that authorized by law and regulation. CP&L requests that the proposed
definition in the proposed permit be replaced by the EPA definition or that the DWQ
inform CP&L that the proposed definition is to be interpreted as the EPA definition.
3

• Asheville Steam Electric Plant
Draft NPDES Permit Comments
Outfall 002- Copper Data
1994 January <20 ppb
February <20 ppb
March <20 ppb
April <20 ppb
May <20 ppb
June <20 ppb
July <20 ppb
August <20 ppb
September <20 ppb
October <20 ppb
November <20 ppb
December <20 ppb
1995 January <20 ppb
February <20 ppb
March <20 ppb
April <20 ppb
May <20 ppb
June <20 ppb
July <20 ppb
ygust <20 ppb
September 7 ppb
October 3 ppb
November 2.6 ppb
December 2.3 ppb
1996 January 2.3 ppb
February 2.7 ppb
March 2.0 ppb
April 3.8 ppb
May 2.2 ppb
June 2.4 ppb
July 2.3 ppb
August 2.8 ppb
September 2.2 ppb
October 1.9 ppb
November 2.5 ppb
December 22 ppb
1997 January 2.5 ppb
February 1.7 ppb
March 3.1 ppb
April 2.4 ppb
May 1.9 ppb
June <10 ppb
July <10 ppb
August <10 ppb
September <10 ppb
October <10 ppb
November <10 ppb
December <10 ppb
4