HomeMy WebLinkAboutNC0003760_permit issuance_20170222Water Resources
ENVIRONMENTAL QUALITY
February 22, 2017
Mr. Lindsay Cox
Plant Manager
E. I. DuPont de Nemours and Co., Inc.
4693 Hwy I IN
Grifton, NC 28530
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. JAY ZIMMERMAN
Subject: Issuance of NPDES Permit Final
Permit NC0003760
E. I. Dupont Kinston Plant
Lenoir County
Class IV
SIC 2824 & 2821
Dear Mr. Cox:
Director
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum
of Agreement between North Carolina and the U.S. Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
At the next renewal you will be required to submit a separate stormwater permit application
and obtain a separate stormwater permit. [See Special Condition A. (24.)]. In regards to Division
approval to continue constant time -based composite sampling at Outfalls 002 and 003, in this case,
constant time -based composite sampling is appropriate and approved.
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015. The requirement to begin reporting discharge monitoring
data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet
application has been added to your final NPDES permit. [See Special Condition A. (14.)].
For information on eDMR, registering for eDMR and obtaining an eDMR user account,
please visit the following web page: htt ://de .nc..ov/about/divisions/water-resources/edmr.
For more information on EPA's final NPDES Electronic Reporting Rule, please visit the
following web site:
ht ://www2. a.6,ov/com liance/final-national- ollutant-dischar e-elimination-s stem-Lades-
electronic-reporting-rule
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
919 807 6464
Page 12
This permit contains the following changes from your previous permit:
Outfall 001 [A. (1.) and A. (2.)]:
• Reduced monitoring for acrolein to quarterly monitoring with concentration -based
Water Quality Based Effluent Limit (WQBEL) applied.
• Reduced monitoring for bis(2-ethylhexyl) phthalate and methyl chloride to annual
monitoring.
• Reduced mass -based limits for BOD and TSS based on 40 CFR 414 Subpart D and
lower production wastewater flow.
• Reduced mass -based limits for 40 CFR 414 Subpart I compounds based on lower
production wastewater flow.
• Added concentration -based WQBEL, daily maximum, to Subpart I compounds of
hexachlorobenzene; 1,2,4-trichlorobenzene; benzo(a)anthracene;
benzo(b)fluoranthene; and benzo(a)pyrene.
• Added concentration -based WQBEL, daily maximum, to Polynuclear Aromatic
Hydrocarbons (PAH) compounds of dibenz(a,h)anthracene and
indeno(1,2,3 cd)pyrene.
• Added quarterly monitoring for hardness, effluent and upstream, to provide data to
calculate the appropriate NC water quality/EPA criteria WQBEL.
Outfall 002 [(A. (3.)]:
■ Removed total chromium, total nickel, total selenium, and total silver monitoring.
• Added more stringent 2016 NC water quality/EPA criteria total lead WQBEL.
Compliance with the more stringent WQBEL shall be effective no later than April 1,
2022. The current total lead WQBEL will remain in effect until the more stringent
WQBEL is activated. See Special Condition A. (13.) for more details on compliance
requirements.
• Added new 2016 NC water quality/EPA criteria total zinc WQBEL. Compliance with
the new WQBEL shall be effective no later than April 1, 2022. See Special Condition
A. (13.) for more details on compliance requirements.
• Added total cadmium minimum practical quantitation level requirement, 0.5 µg/L.
• Added quarterly monitoring for effluent hardness to provide data to calculate the
appropriate NC water quality/EPA criteria WQBEL. plan shall be
• Added Mercury Minimization Plan requirement (MMP). The MMP p
developed and available for on -site inspection no later than November 1, 2017, see
Special Condition A. (15.).
Outfa11003 [A. (4.)]:
• Removed total chromium, total nickel, and total selenium monitoring.
Revised total residual chlorine WQBEL to conditional limit if wastewater source was
in contact with chlorine or chlorine derivative.
• Added more stringent 2016 NC water quality/EPA criteria total lead WQBEL.
Compliance with the new WQBEL shall be effective no later than April 1, 2022. The
current total lead WQBEL will remain in effect until the more stringent WQBEL is
activated. See Special Condition A. (13.) for more details on compliance requirements.
Page 13
• Added new 2016 NC water quality/EPA criteria total copper, total silver, and total zinc
WQBEL. Compliance with the new WQBELs shall be effective no later than April 1,
2022. See Special Condition A. (13.) for more details on compliance requirements.
• Added total silver minimum practical quantitation level (PQL) requirement, 1.0 µg/L.
Compliance with new total silver WQBEL will be met if the reported value < PQL.
• Added total cadmium minimum practical quantitation level requirement, 0.5µg/L.
• Added quarterly monitoring for effluent hardness to provide data to calculate the
appropriate NC water quality/EPA criteria WQBEL.
• Added Mercury Minimization Plan requirement (MMP). The MMP plan shall be
developed and available for on -site inspection no later than November 1, 2017, see
Special Condition A. (15.).
Stormwater Outfall 004 [A. (16.)]:
• Removed total copper, total lead, total silver, and total phosphorus monitoring; and
total nitrogen reporting.
• Reduced mercury monitoring to two measurements in 4' year of issued final permit
and removed benchmark. Data required for evaluation at the next renewal.
• Revised oil & grease narrative to state non -polar using test method 1664 SGT-HEM
and reduced benchmark to 15 mg/L.
• Revised total zinc monitoring to provisional monitoring if the first four samples are
less than the new benchmark of 0.126 mg/L.
• Revised general narrative definitions and terms.
Stormwater Outfall 005 [A. (17.)]:
• Removed total copper, total lead, total silver, total zinc, and total phosphorus
monitoring; and total nitrogen reporting.
• Reduced mercury monitoring to two measurements in 4' year of issued final permit
and removed benchmark. Data required for evaluation at the next renewal.
• Revised oil & grease narrative to state non -polar using test method 1664 SGT-HEM
and reduced benchmark to 15 mg/L.
■ Revised general narrative definitions and terms.
Stormwater Outfall 006 [A. (18.)]:
• Removed allyl alcohol, 1,1-biphenyl, carbon tetrachloride, chloroform, cobalt, total
copper, dibenzofuran, glycol, total lead, methylene chloride, 2-methylphenol, 4-
methylphenol, propylene, total silver, tetrachloroethylene, total zinc, and total
phosphorus monitoring; and total nitrogen reporting.
■ Reduced mercury monitoring to two measurements in 4a' year of issued final permit
and removed benchmark. Data required for evaluation at the next renewal.
■ Revised oil & grease narrative to state non -polar using test method 1664 SGT-HEM
and reduced benchmark to 15 mg/L.
• Revised general narrative definitions and terms.
• Added acrolein benchmark of 0.014 mg/L.
Page 14
Special Conditions:
• Revised A. (8.) CHRONIC TOXICITY PERMIT LIMIT to update narrative.
• Revised A. (19.) MONITORING SCHEDULE to update schedule and to make other
general revisions.
• Revised A. (20.) QUALITATIVE STORMWATER MONITORING to add 60 day
reporting and monitoring response requirements.
• Revised A. (21.) STORMWATER POLLUTION PREVENTION PLAN and A. (22.)
BENCHMARK COMPLIANCE TIERS to update narratives.
• Revised A. (23.) MONITORING REQUIREMENTS FOR ON -SITE VECHILE
MAINTENANCE to revise oil & grease narrative to state non -polar oil & grease
method 1664 SGT-HEM, to add TSS monitoring with 100 mg/L benchmark, to add
total rain monitoring in inches, and to made other general revisions.
• Added A. (14.) ELECTRONIC REPORTING OF DISCHARGE MONITOIRNG
REPORTS special condition.
• Added A. (15.) MERCURY MINIMIZATION PLAN special condition for Outfalls
002 & 003.
• Added A. (24.) REQUIREMENT TO APPLY FOR SEPARATE STORMWATER
PERMIT special condition.
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 Resources or any other Federal, State, or Local governmental permits that may be required.
Page 15
If you have any questions concerning this permit, please contact Ron Berry at (919) 807-
6396 or via email at ron.berry@ncdenr.gov.
Sincerely,
J y Zimme ,
D' ector, Division of Water Resources, NCDEQ
Hardcopy: NPDES Files
Central Files
DWR/Raleigh Regional Office / Water Quality
Ecopy: US EPA Region 4
Email: r4npdes ermits(i�oa.gov (subject line SIC 2824 & 2821) with
Fact Sheet, Standard Conditions
DEMLR/Stormwater Permitting Program/ Bethany Georgoulias
WSS/Ecosystems Branch/Mark Vander Borgh
WSS/Aquatic Toxicology Branch/Susan Meadows
DWR/Mike Templeton
NC0003760
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
E. I. DUPONT DE NEMOURS AND CO., INC.
is hereby authorized to discharge wastewater and stormwater from a facility located at
E. I. DUPONT - Kinston Facility
4693 Hwy 11 North
Lenoir County
to receiving waters designated as Neuse River in the Neuse River Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and V hereof.
The permit shall become effective ..................................... April 1, 2017.
This permit and the authorization to discharge shall expire at midnight on March 31, 2022.
Signed this day ................... February 22, 2017.
ZS. y immermarV.C/ "
ctor, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 30
NC0003760
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this
permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive
authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and
provisions included herein.
E. I. DUPONT DE NEMOURS AND CO., INC.
is hereby authorized to:
Continue to operate the existing 3.6 MGD wastewater treatment facility located on NC Highway 11,
northeast of Kinston, in Lenoir County; and consisting of:
• influent catch basin with "Muffin Monster" solids grinder,
• two (2) - one million gallon retention ponds;
• one (1) - 3.6 million gallon aeration basin with two (2) 45HP aerators and thirteen (13) 25HP
floating aerators,
• two (2) - 90 ft. diameter secondary clarifiers,
• two (2) sludge return lift stations,
• chlorine contact basin (no chlorination),
• effluent flow measurement with recorder,
• effluent composite sampler
• six (6) sand drying beds.
2. Discharge from Outfall 001 treated wastewater including process wastewater, sanitary wastewater,
remediated ground water, non -contact cooling water, cooling water blowdown, and stormwater
runoff through an effluent diffuser into the Neuse River, Class C, NSW water in the Neuse River
Basin, at the location specified on the attached map.
3. Discharge from Outfall 002 non -contact cooling water, steam condensate, and stormwater runoff
into an unnamed tributary to the Neuse River, Class C, NSW water in the Neuse River Basin, at the
location specified on the attached map.
4. Discharge from Outfall 003 condensate and stormwater runoff (roof gutters) into Beaverdam
Branch, Class C, NSW waters in the Neuse River Basin, at the location specified on the attached
map.
5. Discharge from stormwater Outfall 004 stormwater runoff into an unnamed tributary to Beaverdam
Branch, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map.
6. Discharge from stormwater Outfall 005 stormwater runoff into an unnamed tributary to the Neuse
River, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map.
7. Discharge from stormwater Outfall 006 stormwater runoff, into an unnamed tributary to the Neuse
River, Class C, NSW waters in the Neuse River Basin, at the location specified on the attached map.
Page 2 of 30
NC0003760
Part I
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
a. During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee shall be authorized to discharge treated process wastewater, treated sanitary wastewater,
treated cooling water, remediated groundwater, treated steam condensate, treated landfill leachate,
stormwater, and non -contact cooling water from Outfall 001 subject to the effluent limitations and
monitoring 1 requirements below and in Condition A. (2.) of this permit:
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
EFFLUENT CHARACTERISTICS
Monthly
Daily
Measurement
Sample
Sample
Average
Maximum
Frequency
Type
Location
Flow
3.6 MGD
Continuous
Recording
Effluent
Total Monthly Flow (TMF) 2
Monitor & Report, MG
Monthly
Calculated
Effluent
BOD, 5-day, 200C
61.85 lb/day
164.93 lb/day
Weekly
Composite
Effluent
Total Suspended Solids (TSS)
103.08 lb/day
335.02 lb/day
Weekly
Composite
Effluent
Fecal coliform, #/ 100 ml
Weekly
Grab
Effluent
(Geometric mean)
Fecal coliform, #/100 ml
(Geometric mean)
3/Week
Grab
Upstream &
Downstream 3
(June 1— September 30)
Fecal coliform, #/100 ml
(Geometric mean)
Weekl y
Grab
Upstream &
(October 1— May 31)
+
Downstream 3
1.
pH
Not more than 9.0 S.U. nor less than
Weekly
Grab
Effluent
6.0 S.U.
Dissolved O
Oxygen (DO)
Not less than 2.5 mg/L at approved
Weekly
Grab
Si 3
sampling point
Grab
Dissolved Oxygen, mg/L (DO)
3/Week
Upstream &
(June 1— September 30)
Weekly
Grab
Downstream 3
Upstream &
Dissolved Oxygen, mg/L (DO)
(October 1— May 31)
Downstream 3
Temperature, °C
Weekly
Grab
Effluent
Temperature, °C
3/Week
Grab
Upstream &
(June 1— September 30)
Downstream 3
Temperature, °C
Weekly
Grab
Upstream &
(October 1— May 31)
Downstream 3
Total Kjeldahl Nitrogen (TKN) 4
Monitor &Report, mg/L
Weekly
Composite
Effluent
Nitrite/Nitrate Nitrogen 4
(NOz-N + NOs-N)
Monitor & Report, mg/L
Weekly
Composite
Effluent
Total Nitrogen, TN 2,4
TN = TKN + (NO2-N + NO3-N)
Monitor & Report, mg/L
Weekly
Calculated
Effluent
TN Load 2
Monitor & Report, Ibs/month
Monthly
Calculated
Effluent
TN Load = TN x TMF x 8.34
25,493 Ib/yrs
Annually
Calculated
Effluent
Total Phosphorus (TP)
2.0 mg/L (quarterly average) 6
Weekly
Composite
Effluent
Ammonia Nitrogen, mg/L (NH3-N)
Monthly
Composite
Effluent
Acrolein
126 pg/L
126 pg/L
Quarterly
Grab
Effluent
Hardness, mg/L
Total as CaCO3 or Ca + Mg
Quarterly Grab
Upstream 8
Hardness, mg/L
Total as CaCO3 or Ca + Mg
Quarterly
Composite
Effluent
Chronic Toxicity 9
Quarterly
Composite
Effluent
Page 3 of 30
NC0003760
(Continued A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001)
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special
Condition A. (14.).
2. TN Load is the mass quantity of TN discharged in a given period of time. See Special Condition A. (5.).
3. Sample locations: S1- Chlorine contact chamber or other approved location; Upstream, approximately 100 yard
above outfall; Downstream, approximately 1 mile below outfall. Instream monitoring requirements for Fecal
Coliform, Dissolved Oxygen, and Temperature are waived as along as Permittee maintains membership in the
Lower Neuse Basin Association. If Permittee ceases membership, then all instream monitoring requirements
specified in this permit are immediately reinstated. Additionally, DWR will re-evaluate the need for expanded
instream monitoring should the Permittee withdraw from the coalition.
4. For a given wastewater sample, TN = TKN + (NO3-N + NO2-N), where TN is Total Nitrogen, TKN is Total
Kjeldahl Nitrogen, and (NO3-N + NO2-N) are Nitrate and Nitrite Nitrogen, respectively.
5. Compliance with this limit shall be determined in accordance with Special Condition A. (6.) of this permit,
Annual Limits for Total Nitrogen.
6. The quarterly average for total phosphorus shall be the average of composite samples collected weekly during
the calendar quarter (January -March, April -June, July -September, October -December).
7. In the event the Acrolein measurement exceeds 126 µg/L the monitoring frequency shall increase to monthly
for the duration of the permit.
8. Sample location: Upstream, approximately 100 yard above outfall or other Division approved location. The
sample shall be representative of the hardness in the receiving stream, upstream from the outfall. If the
Permittee is a member of the Monitoring Coalition Program, sampling for instream hardness may be waived as
long as the Monitoring Coalition agrees to sample hardness at the upstream location, at a minimum frequency
of quarterly, and the Permittee has obtained approval from DWR -NPDES Permitting Unit. The Permittee is
responsible for submitting instream hardness test results with its permit renewal application package. If
Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the upstream
location, the Permittee will immediately notify the Division and resume sampling for upstream hardness.
9. Chronic Toxicity (Ceriodaphnia) P/F at 1.9%; January, April, July, and October; see Special Condition A. (8.).
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
C. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as
components of pre -approved biocidal compounds. See Condition A. (9.).
Page 4 of 30
NC0003760
A.(2.) ADDITIONAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
- Outfall 001 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee
shall be authorized to discharge treated process wastewater, treated sanitary wastewater, treated cooling
water, remediated groundwater, and non -contact cooling water from Outfall 001 subject to the effluent
limitations and monitoring 1 requirements below and in Condition A.(1.) of this permit:
PARAMETER
EFFLUENT LIMITATIONS
MONITORING
REQUIREMENTS
Monthly
Average
(Ibs/day)
Daily
Maximum
(Ibs/day)
Daily
Maximum
(ug/L)
Measurement
Frequency 3
Sample
Type
Sample
Location 2
Acenaphthene
0.06
0.15
Annually
Grab
E
Acenaphthylene
0.06
0.15
Annually
Grab
E
Acrylonitrile
0.25
0.62
Annually
Grab
E
Anthracene
0.06
0.15
Annually
Grab
E
Benzene
0.10
0.35
Annually
Grab
E
Bis(2-ethylhexyl) phthalate
0.27
0.72
Annually
Grab
E
Carbon Tetrachloride
0.05
0.10
Annually
Grab
E
Chlorobenzene
0.04
0.07
Annually
Grab
E
Chloroethane
0.27
0.69
Annually
Grab
E
Chloroform
0.05
0.12
Annually
Grab
E
2-Chlorophenol
0.08
0.25
Annually
Grab
E
Di-n-butyl phthalate
0.07
0.15
Annually
Grab
E
1,2-Dichlorobenzene
0.20
0.42
Annually
Grab
E
1,3-Dichlorobenzene
0.08
0.11
Annually
Grab
E
1,4-Dichlorobenzene
0.04
0.07
Annually
Grab
E
1,1-Dichloroethane
0.06
0.15
Annually
Grab
E
1,2-Dichloroethane
0.18
0.54
Annually
Grab
E
1,1-Dichloroethylene
0.04
0.06
Annually
Grab
E
1,2-trans-Dichloroethylene
0.05
0.14
Annually
Grab
E
2,4-Dichlorophenol
0.10
0.29
Annually
Grab
E
1,2-Dichloropropane
0.39
0.59
Annually
Grab
E
1,3-Dichloropropylene
0.08
0.11
Annually
Grab
E
Diethyl phthalate
0.21
0.52
Annually
Grab
E
2,4-Dimethylphenol
0.05
0.09
Annually
Grab
E
Dimethyl phthalate
0.05
0.12
Annually
Grab
E
4,6-Dinitro-o-cresol
0.20
0.71
Annually
Grab
E
2,4-Dinitrophenol
0.18
0.32
Annually
Grab
E
2,4-Dinitrotoluene
0.29
0.73
Annually
Grab
E
2,6-Dinitrotoluene
0.66
1.65
Annually
Grab
E
Ethylbenzene
0.08
0.28
Annually
Grab
E
Fluoranthene
0.06
0.18
Annually
Grab
E
Fluorene
0.06
0.15
Annually
Grab
E
Hexachlorobenzene
0.02
Annually
Grab
E
Hexachlorobutadiene
0.05
0.13
Annually
Grab
E
Hexachloroethane
0.05
0.14
Annually
Grab
E
Page 5 of 30
NC0003760
(Continued A.(2.) ADDITIONAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
- Outfa11001)
T
PARAMETERS
EFFLUENT LIMITATIONS
MONITORING
REQUIREMENTS
Monthly
Average
(Ibs/day)
Daily
Maximum
(Ibs/day)
Daily
Maximum
(ug/L)
Measurement
Frequency s
Sample
Type
Sample
Location z
Methyl Chloride
0.22
0.49
Annually
Grab
E
Methylene Chloride
0.10
0.23
Annually
Grab
E
Naphthalene
0.06
0.15
Annually
Grab
E
Nitrobenzene
0.07
0.18
Annually
Grab
E
2-Nitrophenol
0.11
0.18
Annually
Grab
E
4-Nitrophenol
0.19
0.32
Annually
Grab
E
Phenanthrene
0.06
0.15
Annually
Grab
E
Phenol
0.04
0.07
Annually
Grab
E
Pyrene
0.06
0.17
Annually
Grab
E
Tetrachloroethylene
0.06 1
0.14
Annually
Grab
E
Toluene
0.07
0.21
Annually
Grab
E
1,2,4-Trichlorobenzene
3.93
Annually
Grab
E
1,1,1-Trichloroethane
0.05
0.14
Annually
Grab
E
1,1,2-Trichloroethane
0.05
0.14
Annually
Grab
E
Trichloroethylene
0.05
0.14
Annually
Grab
E
Vinyl Chloride
0.27
0.69
Annually
Grab
E
Total PAHs
8.474
Annually
Calculated
E
Benzo(a)anthracene
0.35
Annually
Grab
E
3,4-Benzofluoranthene s
0.35
Annually
Grab
E
Benzo(k)fluoranthene
0.06
0.15
Annually
Grab
E
Benzo(a)pyrene
0.04
Annually
Grab
E
Chrysene
0.06
0.15
Annually
Grab
E
Dibenz(a,h)anthracene
0.04
0.35
Annually
Annually
Grab
Grab
E
E
Indeno(1,2,3-cd)pyrene
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special
Condition A.(14.).
2. Sample location: E - Effluent.
3. In the event that the measurement for any of these parameters equals or exceeds its Practical Quantitation
Limit, the monitoring frequency for that parameter shall immediately increase to once per quarter. When 12
consecutive quarterly samples using appropriate laboratory methods do not detect the parameter, the
monitoring frequency for that parameter shall immediately return to once per year. Also see Footnote 4.
4. Total PAHs are comprised of Benzo(a)anthracene, Benzo(a)pyrene, 3,4-Benzofluoranthene,
Benzo(k)fluoranthene, Chrysene, Dibenz(a,h)anthracene, and Indeno(1,2,3-cd)pyrene. The sum of
concentrations of these parameters shall not exceed the stated Total PAH limit. In the event that the monitoring
frequency for any of these parameters changes per Footnote (3), the change shall apply to all of the Total PAH
parameters.
5. 3,4-Benzofluoranthene is also listed as Benzo(b)fluoranthene.
Page 6 of 30
NC0003760
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11002
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
a. During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee shall be authorized to discharge non -contact cooling water, steam condensate, and
stormwater runoff from Outfall 002 subject to the following effluent limitations and monitoring 1
requirements:
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly Daily
Average Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow, MGD
Monthly
Instantaneous
Effluent
pH
Not greater than 9.0 S.U. nor less
than 6.0 S.U.
Weekly
Grab
Effluent
Temperature, °C
See Footnote 2
Monthly
Grab
Effluent
Total Residual Chlorine (TRC)
17 pg/L 3
Monthly
Grab
Effluent
Total Lead a, s
Interim Limits
25 pg/L
5.9 pg/L
33.8 pg/L
Monthly
Composite
Effluent
Final Limits,
effective April 1,
2022
152.3 ug/L
Monthly
Composite
Effluent
Total Zinc 5, 6
213.8 pg/L
213.8 pg/L
Monthly
Composite
Effluent
Total Mercury (Method 1631E)
12 ng/L, annual average
Quarterly
Grab
Effluent
Total Cadmium, pg/L 5,'
Quarterly
Composite
Effluent
Total Copper, Ng/L 5
Quarterly
Composite
Effluent
Hardness, mg/L 5
Total as CaCO3 or Ca + Mg
Quarterly
Composite
Effluent
Total Kjeldahl Nitrogen (TKN)
Monitor & Report, mg/L
Quarterly
Composite
Effluent
Nitrite/Nitrate Nitrogen
(NO2-N + NO3-N)
Monitor & Report, mg/L
Quarterly
Quarterly
Composite
Calculated
Effluent
Effluent
Total Nitrogen (TN) s
TN = TKN + (NO2-N + NO3-N)
Monitor &Report, mg/L
Total Phosphorus (TP)
2.0 mg/L (quarterly average) 9
Quarterly
Composite
Effluent
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special
Condition A. (14.).
2. The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more
than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 *C.
3. Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The
Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina
certified laboratory (including field certified), even if these values fall below 50 ug/L.
4. Total Lead interim limits will apply until the Final Total Lead limits become effective no later than April 1,
2022. During the interim period in conjunction with implementing the new limits the permittee shall meet the
requirements in Special Condition A. (13).
Page 7 of 30
NC0003760
(Continued A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall
002)
5. In the month in which sampling for Total Hardness is conducted then Total Cadmium, Total Copper, Total
Lead, and Total Zinc shall be measured at same time as Total Hardness.
6. Compliance with Total Zinc shall become effective no later than April 1. 2022. During the interim period prior
to compliance, the permittee shall meet the requirements in Special Conditions A. (13.).
7. Total Cadmium shall be measured to a Practical Quantitation Level of 0.5 µg/L.
8. For a given wastewater sample, TN = TKN + (NO3-N + NO2-N), where TN is Total Nitrogen, TKN is Total
Kjeldahl Nitrogen, and (NO3-N + NOz-N) are Nitrate and Nitrite Nitrogen, respectively.
9. The quarterly average for total phosphorus shall be the average of composite samples collected during the
calendar quarter (January -March, April -June, July -September, October -December).
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
C. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as
components of pre -approved biocidal compounds. See Condition A. (9.).
Page 8 of 30
NC0003760
A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 003
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
a. During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee shall be authorized to discharge condensate and stormwater (roof gutters) from Outfall
003 subject to the following effluent limitations and monitoring 1 requirements:
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Daily Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow, MGD
Monthly
Instantaneous
Effluent
pH
Not greater than 9.0 S.U. nor less
than 6.0 S.U.
Weekly
Grab
Effluent
Temperature, °C
See Footnote 2
Monthly
Grab
Effluent
Total Residual Chlorine
(TRC)
17 Ng/L 3
Monthly
Grab
Effluent
Interim Limits
25 pg/L
33.8 Ng/L
Monthly
Composite
Effluent
Total Lead 4• s
Final Limits,
effective April 1,
2022
8.8 pg/L
226.5 pg/L
Monthly
Composite
Effluent
Total Copper 5.6
18.3 Ng/L
26.5 pg/L
Monthly
Composite
Effluent
Total Zinc 5.6
289.8 pg/L
289.8 pg/L
Monthly
Composite
Effluent
Total Silver 5. 6. 7
0.06 pg/L
1.6 pg/L
Monthly
Composite
Effluent
Total Mercury (Method 1631E)
12 ng/L, annual average
Quarterly
Grab
Effluent
Total Cadmium, pg/L 5• $
Quarterly
Composite
Effluent
Hardness, mg/L 5
Total as CaCO3 or Ca + Mg
Quarterly
Composite
Effluent
Total Kjeldahl Nitrogen (TKN)
Monitor & Report, mg/L
Quarterly
Composite
Effluent
Nitrite/Nitrate Nitrogen
(NO2-N + NO3-N)
Monitor & Report, mg/L
Quarterly
Composite
Effluent
Total Nitrogen (TN) 9
TN = TKN + (NO2-N + NO3-N)
Monitor & Report, mg/L
Quarterly
Calculated
Effluent
Total Phosphorus (TP)
2.0 mg/L (quarterly average) 10
Quarterly
Composite
Effluent
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWWs eDMR application system. See Special
Condition A. (14.).
2. The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more
than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 *C.
3. Total Residual Chlorine compliance is required only where wastewater sources have been in contact with
chlorine or chlorine derivative. The Division shall consider all effluent TRC values reported below 50 ug/1 to
be in compliance with the permit. However, the Permittee shall continue to record and submit all values
reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50
ug/L.
4. Total Lead interim limits will apply until the Final Total Lead limits become effective no later than April 1,
2022. During the interim period in conjunction with implementing the new limits the permittee shall meet the
requirements in Special Condition A. (13.).
Page 9 of 30
NC0003760
(Continued A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall
003)
5. In the month in which sampling for Total Hardness is conducted then Total Cadmium, Total Copper, Total
Lead, Total Silver, and Total Zinc shall be measured at same time as Total Hardness.
6. Compliance with Total Copper, Total Silver, and Total Zinc shall become effective no later than April 1, 2022.
During the interim period prior to compliance the permittee shall meet the requirements in Special Condition
A. (13.).
7. Total Silver shall be measured to a Practical Quantitation Level (PQL) of 1.0 µg/L. The Division will consider
all effluent Total Silver values reported as less than the PQL to be in compliance with the permit.
8. Total Cadmium shall be measured to a Practical Quantitation Level of 0.5 µg/L.
9. For a given wastewater sample, TN = TKN + (NO3-N + NO2-N), where TN is Total Nitrogen, TKN is Total
Kjeldahl Nitrogen, and (NO3-N + NO2-N) are Nitrate and Nitrite Nitrogen, respectively.
10. The quarterly average for total phosphorus shall be the average of composite samples collected during the
calendar quarter Qanuary-March, April -June, July -September, October -December).
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
C. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as
components of pre -approved biocidal compounds. See Condition A.(9.).
Page 10 of 30
NCO003760
A.(5.) CALCULATION OF TOTAL NITROGEN LOADS
[G.S.143-215.1(b)]
a. The Permittee shall calculate the monthly and annual Total Nitrogen (TN) loads as follows:
i. Monthly TN Load (lb/mo) = TN x TMF x 8.34
where: TN = the average total nitrogen concentration (mg/ L) of the
composite samples collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month (MG/ mo)
8.34 = conversion factor, from (mg/L x MG) to pounds
ii. Annual Mass Loading (lb/yr) = Sum of the 12 Monthly TN Loads for the calendar year
b. The Permittee shall report monthly Total Nitrogen results (mg/L and lb/mo) in the discharge
monitoring report for that month and shall report each year's annual results (lb/yr) in the
December report for that year.
A.(6.) ANNUAL LIMITS FOR TOTAL NITROGEN
[G.S.143-215.1(b)]
a. Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River
basin apply on a calendar year basis.
b. For any given calendar year, the Permittee shall be in compliance with the annual TN Load limit
in this Permit if:
i. the Permittee's annual TN discharge is less than or equal to its TN Load limit, or
ii. the Permittee is a co-permittee member of a compliance association.
C. If the Permittee is not a co-permittee member of a compliance association and the Permittee's
cumulative annual TN discharge exceeds the effective TN Load limit in this permit at any point
during the calendar year, the Permittee is in violation of its TN Load limit, and each day of a
continuing violation shall constitute a separate violation.
d. The TN Load limit in this Permit (if any) may be modified as the result of allowable changes in
the Permittee's TN allocation.
i. Allowable changes include those resulting from purchase of TN allocation from the
Wetlands Restoration Fund; purchase, sale, trade, or lease of allocation between the
Permittee and other dischargers; regionalization; and other transactions approved by the
Division.
ii. The Permittee may request a modification of the TN Load limit in this Permit to reflect
allowable changes in its TN allocation. Upon receipt of timely and proper application, the
Division will modify the permit as appropriate and in accordance with state and federal
program requirements.
iii. Changes in TN limits become effective on January 1 of the year following permit
modification. The Division must receive application no later than August 31 for changes
proposed for the following calendar year.
iv. Application shall be sent to:
NCDWR / Wastewater Branch
Attn: Neuse River Basin Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
Page 11 of 30
NC0003760
(Continued A.(6.) ANNUAL LIMITS FOR TOTAL NITROGEN)
e. If the Permittee is a member and co-permittee of an approved compliance association, its TN
discharge during that year is governed by that association's group NPDES permit and the TN
limits therein.
i. The Permittee shall be considered a Co-Permittee Member for any given calendar year in
which it is identified as such in Appendix A of the association's group NPDES permit.
ii. Association roster(s) and members' TN allocations will be updated annually and in
accordance with state and federal program requirements.
iii. If the Permittee intends to join or leave a compliance association, the Division must be
notified of the proposed action in accordance with the procedures defined in the
association's NPDES permit.
(A) Upon receipt of timely and proper notification, the Division will modify the permit as
appropriate and in accordance with state and federal program requirements.
(B) Membership changes in a compliance association become effective on January 1 of the
year following modification of the association's permit.
f. The TN monitoring and reporting requirements in this Permit remain in effect until expiration of
this Permit and are not affected by the Permittee's membership in a compliance association.
A.(7.) TOTAL NITROGEN ALLOCATIONS
[G.S.143-215.1(b)]
a. The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or
transferred to the Permittee in accordance with the Neuse River nutrient management rule (T15A
NCAC 02B .0234) and the status of each as of permit issuance. For compliance purposes, this table
does not supersede any TN limit(s) established elsewhere in this permit or in the NPDES permit
of a compliance association of which the Permittee is a Co-Permittee Member.
ALLOCATION
ALLOCATION AMOUNT ��>
TYPE
SOURCE
DATE
STATUS
Estuary (lb/yr) Discharge (Ib/yr)
Base
Assigned by Rule
1217197;
24,635
35,193
Active
(T15A NCAC 02B .0234)
4/1/03
Decremental
Sold to Town of Clayton,
8/30/2007
-1,645
-2,350
Deducted
NCO025453
Decremental
Sold to Johnston County,
12/21/2007
-1,645
-2,350
Deducted
NCO030716
Decremental
Sold to Contentnea MSD,
3/17/2010
-3,500
-5,000
Deducted
7
NCO032077
TOTAL
17,845
25,493
Active
Footnote:
(1) Transport Factor = 70%
b. Any addition, deletion, or modification of the listed allocation(s) (other than to correct
typographical errors) or any change to Active status of any of the listed allocations shall be
considered a major modification of this permit and shall be subject to the public review process
afforded such modifications under state and federal rules.
Page 12 of 30
NC0003760
A.(8.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY)
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 1.9 % .
The permit holder shall perform at a minimum, quarterl monitoring using test procedures outlined in
the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. The tests will be performed during the months of
January, April, July, and October. These months signify the first month of each three month toxicity
testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during
representative effluent discharge and 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 -December 2010) 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. Additionally, DWR Form AT-
3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
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 Water Sciences Section 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. Assessment of toxicity compliance is based on
the toxicity testing quarter, which is the three month time interval that begins on the first day of the
month in which toxicity testing is required by this permit and continues until the final day of the third
month.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
Page 13 of 30
NC0003760
(Continued A. (8.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY))
If the Permittee monitors any pollutant more frequently than required by this permit, the results of
such monitoring shall be included in the calculation & reporting of the data submitted on the DMR &
all AT Form submitted.
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.
A. (9.) BIOCIDE APPROVAL
[G.S.143-215,143-215.1]
The Permittee shall not use any biocides in its cooling systems except those approved by the Division
of Water Resources in conjunction with the permit application. The Permittee shall notify the Director
in writing not later than ninety (90) days prior to planned use of any additional biocide which may be
toxic to aquatic life, other than those previously reported to the Division. Such notification shall include
submittal of a completed Biocide Worksheet Form 101 and a map locating the discharge point and
receiving stream.
A. (10.) INSTREAM MONITORING
[15A NCAC 02B .0500 et seq.]
The Division may reopen this permit by administrative letter to establish additional instream
monitoring requirements it deems necessary to adequately characterize the effects of the discharges on
water quality in the receiving stream.
A.(11.) NON -DETECTION REPORTING AND DETERMINATION OF COMPLIANCE
[15A NCAC 02B .0400 et seq., .02B .0500 et seq.]
When pursuant to this permit a pollutant analysis is conducted using an approved analytical protocol
with the appropriate minimum detection level and a result of "non -detectable" or "below quantitation
limit" is obtained, the Permittee shall record that result as reported. For the purpose of determining
compliance with a permit limit for the pollutant, the numerical value of that individual analytical result
shall be zero.
A.(12.) PRODUCTION MODIFICATIONS
[G.S.143-215.1(a)]
a. Should the facility's idle production become active, or if new production is added, and/or is
resold during the permit cycle, the permittee must submit to the Division:
i. proposed process description with impacts to each outfall
ii. projected complete plant water balance schematic with impact to each outfall
iii. projected production information.
b. The required information must be provided 180 days prior to the production changes. A permit
modification application is required for any production changes to allow evaluation and
calculation of modified permit limits. During the next scheduled permit renewal, the permittee is
to include an updated water balance of all wastewater sources indicating the impact from the
actual production increase.
Page 14 of 30
NC0003760
A. (13.) SCHEDULE OF COMPLIANCE TOTAL COPPER, TOTAL LEAD, TOTAL SILVER,
AND TOTAL ZINC OUTFALLS 002 &003 [G.S.143-215.1(b)]
1. Effective no later than April 1, 2018 the Permittee shall:
a. Improve and implement "clean" techniques. Some steps that can be investigated:
• Discuss procedures with contracted lab to ensure elimination of potential contamination
sources.
• Examine basic sampling handling processes (field sampling, laboratory handling
and analysis)
• Examine sampling equipment cleaning procedures (jugs/bottles/samplers/strainers/
reagent quality)
• Ensure that sampling personnel are non-smokers.
b. Submit to the Division of Water Resources a report summarizing improvements, and stating if the
actions taken will enable the Permittee to achieve compliance with any of the new Total Zinc and Total
Lead Limits at Outfall 002, and new Total Copper, Total Lead, Total Silver, and Total Zinc Limits at
Outfall 003 without further actions.
2. Effective no later than April 1, 2019 the Permittee shall:
a. Document any identified sources of the Total Copper, Total lead, Total Silver, and Total Zinc where
new limits will be imposed and begin evaluation of source reduction alternatives.
b. Submit to the Division of Water Resources a report summarizing the identified pollutant
sources and source reduction alternatives that were investigated.
c. Submit to the Division of Water Resources a Corrective Action Plan (CAP) for approval that
summarizes the actions to be taken to achieve compliance no later than five years from the permit
effective date for the new Total Zinc and Total Lead Limits at Outfall 002, and new Total Copper,
Total Lead, Total Silver, and Total Zinc Limits at Outfall 003. These actions may include such events
as proposed source reduction alternatives that will be investigated, design Engineering, procurement
of funds and/or approvals, construction and operation changes. The CAP shall assign a schedule for
completion of critical activities for each of the remaining three years.
3. Effective no later than April 1, 2020 the Permittee shall submit a report to the Division summarizing
actions taken in accordance with the approved CAP and schedule, and summarizing any source reduction
alternatives that were investigated not previously reported.
4. Effective no later than April 1, 2021 the Permittee shall submit a report to the Division summarizing
actions taken in accordance with the approved CAP and schedule.
5. Effective no later than April 1, 2022 the Permittee shall achieve compliance with the new Total Zinc and
Total Lead Limits at Outfall 002, and the new Total Copper, Total Lead, Total Silver, and the Total Zinc
Limits at Outfall 003.
In addition to steps 1 through 5, upon approval by the Division of the CAP, the steps and deadlines outlined in the
CAP will also become an enforceable part of the permit. Any modification to the schedule shall be requested to the
Division at least ninety (90) days before a scheduled deadline. Modification to the schedule in excess of four (4)
months or more than one 4-month modification request to the schedule will be subject to public notice.
The CAP and annual reports shall be submitted to the NPDES Complex Permitting Unit at the following address:
NC Division of Water Resources
NPDES Complex Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Page 15 of 30
NC0003760
A. (14.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports and specify that, if a state does not establish a system to receive such submittals, then
permittees must submit monitoring data and reports electronically to the Environmental Protection
Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II
(Standard Conditions for NPDES Permits) and supplements the following sections within Part V
(Supplemental Standard Conditions for NPDES Stormwater Permits) of this permit:
Part H
• Section B. (11.)
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Part V
• Section E. (1.)(2.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
Reporting Requirements
1. Reporting Re uirements [Supersedes Part 11 Section D. 2. and Section E. 5. a Supplements
Part V Section E. (1.)(2.)]
Effective December 21, 2016, the permittee shall report discharge monitoring data electronically
using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,1.1,
2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to
the mailing address above. See "How to Request a Waiver from Electronic Reporting" section
below.
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Page 16 of 30
NC0003760
(Continued A. (14.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS)
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies for
and is granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting waiver
request may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://deq.nc.gov/about/divisions/water-resources/ edmr
3. Signatory Requirements [Supplements Part II Section B. (11.) (b) and Supersedes Part II Section
B. 11. d
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http:/ / deq.nc.gov/ about/ divisions/water-resources] edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
"I certify, under penalty of law, that 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. "
Page 17 of 30
QWK1111119i MOO
(Continued A. (14.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS)
4. Records Retention (SupplementsPart Il Section D. J66)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
A. (15.) MERCURY MINIMIZATION PLAN (MMP) - Outfalls 002 and 003
[G.S.143-215.1(b)]
The permittee shall develop and implement a mercury minimization plan during this permit term for
Outfalls 002 & 003. The MMP shall be developed no later than November 1, 2017, and shall be
available for inspection on -site. A sample MMP was developed through a stakeholder review process
and has been placed on the Division website for guidance:
http s: / I de, jmc.gov/ document/ nc-model-mercury-minimization-plan-dwr-npdes-swlw-20130801
The MMP should place emphasis on identification of mercury contributors and goals for reduction.
Results shall be summarized and submitted with the next permit renewal. Performance of the Mercury
Minimization Plan will meet the requirements of the TMDL (Total Maximum Daily Load) for mercury
approved by USEPA on October 12, 2012, until a Waste Load Allocation specific to this facility is
developed and this NPDES permit is amended to require further actions to address the Waste Load
Allocation.
Page 18 of 30
NC0003760
Note: Section A. (16.) through A. (24.) are specific to Stormwater requirements
A.(16.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11004
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee
shall be authorized to discharge stormwater from Outfall 004 subject to the following monitoring 1
requirements, and requirements in Special Condition A.(22.) Benchmark Compliance and Tiers, for each
reported measureable storm event 2 at this stormwater discharge outfall (SDO).
Discharge Characteristics
Measurement
Sample
Sample
s
Benchmark
Frequency
Type
Location
Value
Total Suspended Solids (TSS)
Semi-annual
Grab
SDO
SDO
100 mg/L
Not less than 6.0 s.u. nor
pH
Semi-annual
Grab
greater than 9.0 s.u.
30 mg/L
120 mg/L
Biological Oxygen Demand (BODs)
Semi-annual
Grab
SDO
Chemical Oxygen Demand (COD)
Semi-annual
Grab
SDO
Non -polar Oil & Grease, Method 1664
Semi-annual
Grab
SDO
15 mg/L
SGT-HEM
Total Zinc 6
Semi-annual
Grab
SDO
0.126 mg/L
Mercury (Method 1631 E), YEAR FOUR 7
Semi-annual
Grab
SDO
Fourth year only, see footnote 7
Nitrite and Nitrate Nitrogen
Semi-annual
Grab
SDO
10 mg/L
(NO2-N + NO3-N)
Total Kjeldahl Nitrogen (TKN)
Semi-annual
Grab
SDO
20 mg/L
Total Rainfall, inches 8
Semi-annual
Rain gauge
N/A
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWXs eDMR application system. See Special
Condition A. (14.).
2. A measureable storm event is a storm event that results in an actual discharge from the permitted site outfall.
The previous measurable storm event must have been at least 72 hours prior.
3. Semi-annual means two times a year. See Special Condition A.(19.) Monitoring Schedule. If the facility is
monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall
continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the
provisions of this permit or the Division.
4. Grab samples shall be collected within the first 30 minutes of flow at the SDO.
5. Sample shall be collected at the SDO unless representative outfall status (ROS) has been granted. A copy of the
Divisions letter granting ROS shall be kept on site.
6. Monitoring may be discontinued for the remainder of this permit if the first consecutive 4 sampling results
are less than the benchmark value.
7. Mercury monitoring shall be performed twice per year only during the fourth year of the permit term. No
benchmark value applies, but values above 0.012 µg/L shall be noted on the Annual Summary Data
Monitoring Report.
8. The Total Rainfall shall be recorded for the reported measureable stormzvater event and include the total
precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge
shall be used to provide the required reading.
Page 19 of 30
"K1z1hx . 1
A.(17.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee
shall be authorized to discharge stormwater from Outfall 005 subject to the following monitoring'
requirements, and requirements in Special Condition A. (22.) Benchmark Compliance and Tiers, for each
reported measureable stormwater event 2 at this stormwater discharge outfall (SDO).
Discharge Characteristics
Measurement
Sample
Sample
Benchmark
Frequency 3
Type
s Location
SDO
Value
Total Suspended Solids (TSS)
Semi-annual
Grab
100 mg/L
pH
Semi-annual
Grab
SDO
Not less than 6.0 s.u. nor
greater than 9.0 s.u.
30 mg/L
Biological Oxygen Demand (BOD5)
Semi-annual
Grab
SDO
Chemical Oxygen Demand (COD)
Semi-annual
Semi-annual
Grab
Grab
SDO
SDO
120 mg/L
15 mg/L
Non -polar Oil & Grease, Method 1664
SGT-HEM
Mercury (Method 1631 E), YEAR FOUR 6
Semi-annual
Grab
SDO
Fourth year only, see footnote 6
Nitrite and Nitrate Nitrogen
(NO2-N + NO3-N)
Semi-annual
Grab
SDO
10 mg/L
Total Kjeldahl Nitrogen (TKN)
Semi-annual
Grab
SDO
20 mg/L
Total Rainfall, inches'
Semi-annual
Rain gauge
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special
Condition A. (14.).
2. A measureable storm event is a storm event that results in an actual discharge from the permitted site outfall.
The previous measurable storm event must have been at least 72 hours prior.
3. Semi-annual means two times a year. See Special Condition A.(19.) Monitoring Schedule. If the facility is
monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall
continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the
provisions of this permit or the Division.
4. Grab samples shall be collected within the first 30 minutes of flow at the SDO.
5. Sample shall be collected at the SDO unless representative outfall status (ROS) has been granted. A copy of the
Division's letter granting ROS shall be kept on site.
6. Mercury monitoring shall be performed twice per year only during the fourth year of the permit term. No
benchmark value applies, but values above 0.012 µg/L shall be noted on the Annual Summary Data
Monitoring Report.
7. The Total Rainfall shall be recorded for the reported measureable stormwater event and include the total
precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge
shall be used to provide the required reading.
Page 20 of 30
NC0003760
A.(18.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 006
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee
shall be authorized to discharge stormwater from Outfall 006 subject to the following monitoring 1
requirements, and requirements in Special Condition A. (22.) Benchmark Compliance and Tiers, for each
reported measureable stormwater event 2 at stormwater discharge outfall (SDO).
Discharge Characteristics
Measurement
Frequency 3
Sample
Type 4
Sample
Location s
Benchmark Value
Total Suspended Solids (TSS)
Semi-annual
Grab
SDO
50 mg/L
pH
Semi-annual
Grab
SDO
Not less than 6.0 s.u. nor
greater than 9.0 s.u.
Biological Oxygen Demand (BODs)
Semi-annual
Grab
SDO
30 mg/L
Chemical Oxygen Demand (COD)
Semi-annual
Grab
SDO
120 mg/L
Non -polar Oil & Grease, Method 1664
SGT-HEM
Semi-annual
Grab
SDO
15 mg/L
Mercury (Method 1631 E), YEAR FOUR 6
Semi-annual
Grab
SDO
Fourth year only, see footnote 6
Nitrite and Nitrate Nitrogen
(NO2-N + NO3-N)
Semi-annual
Grab
SDO
10 mg/L
Total Kjeldahl Nitrogen (TKN)
Semi-annual
Grab
SDO
20 mg/L
Total Phosphorus (TP)
Semi-annual
Grab
SDO
2 mg/L
Acrolein
Semi-annual
Grab
SDO
0.01K ma/1
Formaldehyde
Semi-annual
Grab
SDO
0.5 mg/L
Total Rainfall, inches 7
Semi-annual
Rain gauge
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special
Condition A. (14.).
2. A measureable storm event is a storm event that results in an actual discharge from the permitted site outfall.
The previous measurable storm event must have been at least 72 hours prior.
3. Semi-annual means two times a year. See Special Condition A. (19.) Monitoring Schedule. If the facility is
monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall
continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the
provisions of this permit or the Division.
4. Grab samples shall be collected within the first 30 minutes of flow at the SDO.
5. Sample shall be collected at the SDO unless representative outfall status (ROS) has been granted. A copy of the
Divisions letter granting ROS shall be kept on site.
6. Mercury monitoring shall be performed twice per year only during the fourth year of the permit term. No
benchmark value applies, but values above 0.012 µg/L shall be noted on the Annual Summary Data
Monitoring Report.
7. The Total Rainfall shall be recorded for the reported measureable stormwater event and include the total
precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge
shall be used to provide the required reading.
Page 21 of 30
NC0003760
A.(19.) STORWATER MONITORING SCHEDULE
The permittee shall complete the analytical samplings in accordance with the schedule specified in the
table below, unless adverse weather conditions prevent sample collection (see Adverse Weather in
Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of
60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been
instituted under a "Tier Two' response. Inability to sample because of adverse weather conditions must
be documented in the SPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period. However, for purposes of benchmark comparison and
Tiered response actions, the permittee shall use the analytical results from the first sample with valid
results within the monitoring period. -
Monitoring period 1,2
Sample Number
start
End
Year 1— Period 1
1
January 1, 2017
June 30, 2017
Year 1— Period 2
2
July 1, 2017
December 31, 2017
Year 2 — Period 1
3
January 1, 2018
June 30, 2018
Year 2 — Period 2
4
July 1, 2018
December 31, 2018
Year 3 — Period 1
5
January 1, 2019
June 30, 2019
Year 3 — Period 2
6, includes Hg monitoring
July 1, 2019
December 31, 2019
Year 4 — Period 1
7, includes Hg monitoring
January 1, 2020
June 30, 2020
Year 4 — Period 2
8
July 1, 2020
December 31, 2020
Year 5 — Period 1
9
January 1, 2021
June 30, 2021
Year 5 — Period 2
10
July 1, 2021 4
December 31, 2021
Footnotes:
1. The permittee shall maintain semi-annual monitoring until directed otherwise through subsequent renewed
permit or required by SPPP.
2. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating
"No Flow" or "No Discharge" within 30 days of the end of the six-month sampling period.
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge" from an outfall during a
monitoring period does not constitute failure to monitor, as long as it is properly recorded and
reported.
The permittee shall compare monitoring results to the benchmark values in the Monitoring Requirements
for Outfalls 004, 005, and 006 above. Exceedances of benchmark values require the permittee to increase
monitoring, increase management actions, increase record keeping, and/or install stormwater Best
Management Practices (BMPs) in a tiered program. See Special Condition A.(22.) for descriptions of Tier
One, Tier Two, and Tier Three response actions. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Divisions release letter
may remain in effect through subsequent reissuance of this permit, unless the release letter provides for
other conditions or duration.
Benchmark values are not permit limits but should be used as guidelines for implementation of the
permittee's Stormwater Pollution Prevention Plan (SPPP). An exceedance of a stormwater benchmark
value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is
a violation of permit conditions.
Page 22 of 30
NC0003760
A.(20.) QUALITATIVE STORMWATER MONITORING
Qualitative monitoring, a visual inspection of Outfalls 004, 005, 006 stormwater events, shall be
performed as specified during any monitoring stormwater event at stormwater discharge outfall
(SDO). Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in
special condition A. (19.), and during required analytical monitoring events (unless the permittee is
required to perform further qualitative monitoring per the Qualitative Monitoring Response, below).
Inability to monitor because of adverse weather conditions must be documented in the SPPP and
recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs
discharging stormwater associated with industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall
document the suspected cause of the condition and any actions taken in response to the discovery.
This documentation shall be maintained with the SPPP.
Discharge Characteristics
Frequency 1
Monitoring
Location
Color
Semi-annually
SDO
Odor
Semi-annually
SDO
Clarity
Semi-annually
SDO
Floating Solids
Semi-annually
SDO
Suspended Solids
Semi-annually
SDO
Foam
Semi-annually
SDO
Oil Sheen
Semi-annually
SDO
Erosion in the outfall vicinity
Semi-annually
SDO
Sedimentation in the outfall vicinity
Semi-annually
SDO
Trash or other obvious indicators of
stormwater pollution
Semi -Annually
SDO
Footnotes:
1. Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit
prompt monthly monitoring. See Special Condition A.(19.) Monitoring Schedule for schedule of monitoring periods
through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the
permit renewal process until a new permit is issued.
2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as
part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring
indicates that existing stormwater Best Management Practices (BMPs) are ineffective, or that significant
stormwater contamination is present, the permittee shall investigate potential causes, evaluate the
feasibility of corrective actions, and implement those corrective actions within 60 days, per the
Qualitative Monitoring Response, below. A written record of the permittee's investigation,
evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan (SPPP).
Page 23 of 30
NC0003760
(Continued A.(20.) QUALITATIVE STORMWATER MONITORING)
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new
potential sources of stormwater pollution, and prompting the permittee's response to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some or
all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
A.(21.) STORMWATER POLLUTION PREVENTION PLAN (SPPP)
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the
Plan. This Plan shall be considered public information in accordance with Part II, Standard Conditions,
Section E, Paragraph 10 of this individual permit. The Plan shall include, at a minimum, the following
items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the
potential pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The Site Overview shall contain the following:
(a) 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; the name
of the receiving waters to which the stormwater outfalls discharge, or 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 points of stormwater discharge
associated with industrial activity. The general location map (or alternatively the site map)
shall identify whether any receiving waters are impaired (on the states 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been established, and
what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor process
areas, dust or particulate generating or control processes, and waste disposal practices. A
narrative description of the potential pollutants that could be expected to be present in the
stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the
stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial
activity areas (including storage of materials, disposal areas, process areas, loading and
unloading areas, and haul roads); site topography and finished grade; all drainage features and
structures; drainage area boundaries and total contributing area for each outfall; direction of
flow in each drainage area; industrial activities occurring in each drainage area; buildings;
stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map must include
a graphic scale indication and north arrow.
Page 24 of 30
NC0003760
(Continued A.(21.) STORMWATER POLLUTION PREVENTION PLAN (SPPP))
(d) A list of significant spills or leaks of pollutants during the previous three (3) years and any
corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The permittee shall re -certify annually 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, Standard
Conditions, Section B, Paragraph 11.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a
narrative description of the materials management practices employed which control or minimise
the stormwater exposure of significant materials, including structural and nonstructural measures.
The Stormwater Management Strategy, at a minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods
of operations and/or storage practices to eliminate or reduce exposure of materials and
processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent
exposure of all storage areas, material handling operations, and manufacturing or fueling
operations. In areas where elimination of exposure is not practical, this review shall document
the feasibility of diverting the stormwater run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required for:
bulk storage of liquid materials: storage in any amount of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage
in any amount of hazardous substances in order to prevent leaks and spills from contaminating
stormwater runoff. A table or summary of all such tanks and stored materials and their
associated secondary containment areas shall be maintained. If the secondary containment
devices are connected to stormwater conveyance systems, the connection shall be controlled by
manually activated valves or other similar devices (which shall be secured closed with a locking
mechanism). Any stormwater that accumulates in the containment area shall be at a minimum
visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by any material. 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 (5) years. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully
compliant with the requirements of this permit may be used to demonstrate compliance with
this permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices
(BMPs) shall be provided. The installation and implementation of BMPs shall be based on the
assessment of the potential for sources to contribute significant quantities of pollutants to
stormwater discharges and on data collected through monitoring of stormwater discharges.
The BMP Summary shall include a written record of the specific rationale for installation and
implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated
annually.
Page 25 of 30
NC0003760
(Continued A.(21.) STORMWATER POLLUTION PREVENTION PLAN (SPPP))
3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials inventory of the
facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list
incorporated into the SPRP and signed and dated by each individual acknowledging their
responsibilities for the plan. A responsible person shall be on -site at all times during facility
operations that have increased potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a
component of the SPRP, but may not be sufficient to completely address the stormwater aspects of
the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into
the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and
good housekeeping program shall be developed and implemented. The program shall address all
stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas, material
handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all
drainage features and structures, and existing structural BMPs. The program shall establish
schedules of inspections, maintenance, and housekeeping activities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential for
stormwater exposure or stormwater pollution where not already addressed under another element
of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas
shall be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP.
5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual
schedule, once during the first half of the year (January to June), and once during the second half
(July to December), with at least 60 days separating inspection dates (unless performed more
frequently than semi-annually). These facility inspections are different from, and in addition to,
the stormwater discharge characteristic monitoring at the outfalls required in this permit.
6. Employee Training. Training programs shall be developed and training provided at a minimum
on an annual basis for facility personnel with responsibilities for: spill response and cleanup,
preventative maintenance activities, and for any of the facility's operations that have the potential
to contaminate stormwater runoff. The facility personnel responsible for implementing the training
shall be identified, and their annual training shall be documented by the signature of each
employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the
overall coordination, development, implementation, and revision of the SPPP. Responsibilities for
all components of the SPPP shall be documented and position assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a
change in design, construction, operation, site drainage, maintenance, or configuration of the
physical features which may have a significant effect on the potential for the discharge of pollutants
to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The
annual update shall include:
Page 26 of 30
NC0003760
(Continued A.(21.) STORMWATER POLLUTION PREVENTION PLAN (SPPP))
(a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or
the notation that no spills have occurred (element of the Site Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if applicable) over
the past year, including a discussion about Tiered Response status. The permittee shall
use the Divisions Annual Summary Data Monitoring Report (DMR) form, available
from the Stormwater Permitting Program s website (See `Monitoring Forms' here:
http/Zportal.ncdenr.org/web/lrinpdes-stormwater].
The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee
shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B,
Paragraph 11) to the Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan
and all appropriate BMPs consistent with the provisions of this permit, in order to control
contaminants entering surface waters via stormwater. Implementation of the SPPP shall include
documentation of all monitoring, measurements, inspections, maintenance activities, and training
provided to employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities. Such
documentation shall be kept on -site for a period of five (5) years and made available to the Director
or the Director's authorized representative immediately upon request.
Page 27 of 30
NC0003760
A. (22.) BENCHMARK COMPLIANCE AND TIERS
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The permittee shall compare monitoring results to the benchmark values. Unless
stated otherwise the benchmark values are not permit limits but should be used as guidelines for the
permittee's Stormwater Pollution Prevention Plan (SPPP). When a benchmark value is exceeded, it
requires the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in the tiered program.
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range,
for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or
physical improvements to reduce concentrations of the parameters of concern, and/or to bring
concentrations within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the
benchmark exceedence, the inspection date, the personnel conducting the inspection, the
selected actions, and the date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If: The first valid sampling results from two consecutive monitoring periods are above the benchmark
values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all Parameters (except mercury).
The permittee shall conduct monthly monitoring at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples. Monthly (analytical and
qualitative) monitoring shall continue until three consecutive sample results are below the
benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances,
exercise the option of contacting the Division of Water Resources (DWR) Regional Office
Supervisor as provided below in Tier Three. The DWR Regional Supervisor may direct the
response actions on the part of the permittee as provided in Tier Three, including reduced or
additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two res onse obligations throughout the permit renewal process.
Page 28 of 30
NC0003760
(Continued A.(22.) BENCHMARK COMPLIANCE AND TIERS)
Tier Three
If: The valid sampling results required for the permit monitoring periods exceed the benchmark
value, or are outside the benchmark range, for any specific parameter at any specific outfall on four
occasions, the permittee shall notify the Division of Water Resources (DWR) Regional Office
Supervisor in writing within 30 days of receipt of the fourth analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency
for some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
If a Total Maximum Daily Load (TMDL) for mercury is approved for this segment of the Neuse River,
the permittee may be required to monitor mercury more frequently.
The Division will evaluate the monitoring results to determine whether additional Best Management
Practices (BMPs) are needed to control the pollutant(s) of concern to the maximum extent practicable.
If the Division determines additional BMPs are needed, the permittee will be notified and required to
(1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation
of those BMPs into the permitted Stormwater Pollution Prevention Plan.
Page 29 of 30
NC0003760
A.(23.) MONITORING REQUIREMENTS FOR ON -SITE VEHICLE MAINTENANCE
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons
of new motor oil per month, averaged over the calendar year, shall monitoring as specified additional
discharge characteristics in any stormwater outfall that contains a vehicle maintenance area stormwater
runoff. All monitoring shall be performed during a measureable storm event 1 at storm water outfall (SDO)
and shall meet requirements in Special Condition A. (22.) Benchmark Compliance and Tiers.
Discharge Characteristics
Measurement
Sample
Benchmark
Sample
Frequency 2
Type 3
Value
Location 4
Non -polar Oil & Grease, Method 1664
semi-annual
Grab
15 mg/L
SDO
SGT-HEM
Total Suspended Solids CTSS)
semi-annual
Grab
100 mg/L
SDO
Total Rainfall, inches s
semi-annual
Rain gauge
New Motor Oil Usage, gallons /month
Isemi-annual
Estimate
I 11/A
Footnotes:
1. A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The
previous measurable storm event must have been at least 72 hours prior
2. Semi-annual means two times a year. See Special Condition A.(19.) Monitoring Schedule.
3. Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30
minutes, and shall continue until completed.
4. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
5. The Total Rainfall shall be recorded for the reported measureable stormwater event and include the total
precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge
shall be used to provide the required reading.
A.(24.) REQUIREMENT TO APPLY FOR SEPARATE STORMWATER PERMIT
The permittee is not authorized to discharge stormwater after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director. (The Director shall
not grant permission for applications to be submitted later than the expiration date of the existing
permit) [40 CFR 122.21(d)]. The permittee must apply separately to the North Carolina Division of
Energy, Mineral, and Land Resources (DEMLR) for a separate NPDES Stormwater Discharge Permit
no later than 180 days prior to the expiration of this permit.
Page 30 of 30
goo
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SW Outfall 006
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SCALE:
USGS Quad: F29SW Grifton, NC
Latitude Lon6tude
Facility: 350 19'30" N 770 28' 13.7" W
Outfall 001: 35' 19'28.4" N 77' 27'57.6" W
Outfall 002: 35' 19' 14.9" N 77' 28'49.3" W
Outfall 003: 35" 20'2.8" N 770 28'51.2" W
Streams Class: C, NSW
Subbasin: 03-05-05 RUC: 0302020202
Receiving Streams: Neuse River/UT/Beaverdam Branch
Upstream
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DuPont Kinston NC0003760
Lenoir County
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Averaee
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Dav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow-
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly AveMe (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Dpty 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 with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
Civil and Criminal Liabili
Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severabil
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering, and Co liance Monitofinp Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Oyeration and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class Il, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
Proper Operation and Maintenance
The Pennittee 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 Pennittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
Il.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Penmittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoriria and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reyortinp, Renuirements
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 [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(l)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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5. Monitoring_ Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Pennittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part ILE.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
deterrnine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Chances in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Faciliy Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the defmitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly _Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This defmition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Pennittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Munici al Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring- Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis HWA and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permttee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
Industrial User Pretreatment Permits (IUP) & Allocation Tables
hi accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct WC)
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143-
215.1(a)(8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.121
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H .0903 (b)(7),.0906(b)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary( (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division;
c. Si ificant Non-CoMpliance Report SNCR
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(f); 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
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PART V
SUPPLEMENTAL STANDARD CONDITIONS FOR
NPDES STORMWATER PERMITS
Section A. Definitions
Adverse Weather Conditions
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high
winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather
conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample
or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with
date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather
does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule.
Adverse events and failures to monitor must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals,
springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing
drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of
a process, activity, or physical structure. More information on BMPs can be found at:
httpV/cfpub.epa. gov ppdes/stormwater/menuofbmpsllindex.cfm.
Bulk Storagequid Products
Liquid raw materials, 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 located
in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons.
Bypass (Stormawter)
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the
collection system, which is not a designed or established operating mode for the facility.
DWR or "the Division"
The Division of Water Resources, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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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.
Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm
event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to
document that a shorter interval is representative for local storm events during the sampling period, and obtains
approval from the local DWR Regional Office. Two copies of this information and a written request letter shall be
sent to the local DWR Regional Office. After authorization by the DWR Regional Office, a written approval letter
must be kept on site in the permittee's SPPP.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or town.
No Exposure
A condition of no exposure -means that all industrial materials and activities are protected by a storm resistant
shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial
materials or activities include, but are not limited to, material handling equipment or activities, industrial
machinery, raw materials, intermediate products, by-products, final products, or waste products. DWR may grant
a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the
terms and conditions described in 40 CFR §122.26(g).
Permittee
The owner or operator issued this Individual Permit.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the
state.
Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWR may grant representative outfall status. Representative outfall status
allows the permittee to perform analytical monitoring at a reduced number of outfalls.
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.
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. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on Table 11(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.
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SiVnificant 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.
Si cant 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).
Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not
limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which
stormwater flows directly or indirectly into waters of the State of North Carolina.
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a result
of snowmelt.
Stormwater Associated with Industrial Activi
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. Facilities considered to be
engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not
include discharges from facilities or activities excluded from the NPDES program.
Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is
based on an evaluation of the pollution potential of the site.
Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water
body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at
h"://vortal.ncdenr.oretweb/wa/vs/mtu/tmdVtmdls
Vehicle Maintenance Activi
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport
deicing operations.
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.
25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years.
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Section B. General Conditions
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of
the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part
H, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed
and implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A,
Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
2. Civil and Criminal Liabili
Except as provided in Part V, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual 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.
Section C. Operation and Maintenance of Pollution Controls
1. Bypassing of Stormwater Treatment Facilities
Bypass is prohibited and the Director 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; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls 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 Part V, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
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Section D. Monitoring and Records
1. Representative Outfall (Stormwater Only)
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.
2. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. 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, and copies of all reports
required by this individual permit for a period of at least 5 years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any time.
8. Inspection and EnLQ�
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, 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 CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E. Reporting Requirements
Dischar a Monitoring Reports (,Stormwater)
Stormwater samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be
delivered to the Division no later than 30 days from the date the facility receives the sampling results from
the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a Discharge Monitoring Report, within 30 days of the end of the six-month sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWR's specific requirement to do
SO.
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2. Submittin Reports Stormwater
Two signed copies of Stormwater Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The permittee shall retain the completed originals on site. Visual monitoring results should not be
submitted to the Regional Offices or Central Files unless specifically requested by DWR.
3. Non-Stormwater Discharges
If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
4. SR&
The permittee shall report to the local DWR Regional Office, within 24 hours, all significant spills as
defined in Part V of this permit. Additionally, the permittee shall report spills including: any oil spill of
25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
5. ftass (Stormwater)
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass (of storwmater
treatment facilities), 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.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass (of stormwater treatment facilities).
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