NC0024571_Final Permit_20231204

DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
ESN`STATE
�c
ROY COOPER _
y —
Governor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
December 4, 2023
Mr. Corey Walters,
Deputy Public Works Director
City of Lumberton
P.O. Box 1388
Lumberton,North Carolina 28359
Subject: Final NPDES Permit Renewal
Permit NCO024571
Lumberton WWTP
Robeson County
Grade IV Biological WPCS
SIC Code 4952
Dear Mr. Walters:
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).
The following changes were made to the draft permit sent to you on June 17,2023:
• To assess the industrial contribution of PFAS to the Lumberton WWTP and assess levels of PFAS
compounds in the facility effluent, Special Condition A.(6.)has been revised.
The final permit maintains the following significant changes identified in the letter sent on June 17,
2023:
• For calculation of total nitrogen,monthly monitoring for TKN and Nitrate+Nitrite has been
added to the permit[See A.(1.)].
• To track effluent influence on ambient total nitrogen levels, instream monitoring for TKN and
NO2+NO3 has been added to the permit at a monthly frequency.
• Based on the reasonable potential analysis(RPA) showing no reasonable potential to violate state
water quality standards,the monitoring requirement for total silver has been removed from the
permit [See A.(1)].
• Based on the reasonable potential analysis(RPA) showing reasonable potential to violate state
water quality standards,total copper and chromium VI limits have been added to the permit. The
quarterly total copper monitoring requirement has been changed to monthly monitoring and
monthly monitoring of chromium VI and total chromium has been added to the permit[See
A.(1)].
• The City reported Total Cadmium at less than detection,with detection levels< 10.0 µg/L,< 5.0
µg/L and< 1.0 µg/L in the Effluent Pollutant Scans and eDMR results. The City's allowable
discharge concentration is 3.3 µg/L for Total Cadmium. DWR's laboratory identifies the target
Practical Quantification Limits(PQLs)for Total Cadmium as 0.5 µg/L. 15A NCAC 2B .0505 (e)
(4)requires that all test procedures must produce detection and reporting levels that are below the
permit discharge requirements and all data generated must be reported to the approved detection
level or lower reporting level of the procedure. If no approved methods are capable of achieving a
detection level below the permit discharge requirement(or allowable discharge concentration)the
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
4512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NO CARO�INA _
DeperVneM of EnWronmenGl puall 919'707'9000

DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
method with the lowest detection level must be used. The City should use sufficiently sensitive
test methods for all pollutants, including when performing Effluent Pollutant Scans.
• As the facility receives complex waste streams from various industrial users with the potential to
discharge 1,4-dioxane via their pretreatment program and the facility discharges above the
NC/SC state border,monthly monitoring for 1,4-dioxane as well as a 1,4-dioxane reopener
condition have been added to the permit [See A.(L)and Special Condition A.(5.)].
• Some of the wording has changed in Special Condition A.(2.), Chronic Toxicity Permit Limit,
please review each paragraph carefully.
• Special Condition A.(3.)has been modified to include the specific three years in which the
Effluent Pollutant Scan shall be performed(2025,2026, and 2027). In addition, at the end of the
Special Condition,2nd species Toxicity Testing Requirements for municipal permit renewals per
Federal Regulations [40 CFR 122.210)(5)] have been added.
• A notation was made concerning the Electronic Reporting Rule—NPDES Electronic Reporting
Rule—Phase 2 Extension.EPA extended the Phase 2 deadline to December 21,2025.
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.
Pretreatment updates in response to NPDES permit renewal:
• On July 1, 2024, 180 days after the effective date of this NPDES permit renewal, the City is
required to submit to the Division a written technical evaluation of the need to revise local limits
(i.e., an updated IWS/HWA-AT/L-STMP, or documentation of why is not needed). This action
may include revising,updating, or adding to the list of SIUs regardless of timeframe.
o Submit the updated Long-Term Monitoring Plan(LTMP)
■ If there are new industries within the service area, submit an updated Industrial
Waste Survey(IWS)
■ Review pollutants of concern (POCs) and update the LTMP to reflect pollutants
in industrial user permits(IUPs) and sludge management permit.
o As part of the local limits assessment, please submit the updated Headworks Analysis
(HWA).
The NPDES standard conditions (Parts 11, III, and IV) are the same as in your current permit except that
agency and division names have been updated.The latest version is available at https://bit.ly/3k5NFaL and
can be viewed online or downloaded as a PDF file.
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 regulations.
If you have any questions concerning this permit,please contact Nick Coco at(919)707-3609 or via email
at [e-mail].
by d b/y�:, -Dl/LL
N(� 1�. .l(bdfh
C464531431644FE...
Michael J. Montebello
NPDES Permitting Branch Chief
Division of Water Resources,NCDEQ
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
4512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NO CARO�INA _
DeperVneM of EnWronmenGl puall� 919'707'900(]

DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Hardcopy: NPDES Files
Central Files
Ecopy: US EPA Region 4
DWR/Fayetteville Regional Office/Water Quality/Stephanie Zorio&Mark Brantley
DWR/Aquatic Toxicology Branch/Cindy Moore&Molly Nicholson
DWR/Municipal Permitting Unit/Keyes McGee
SCDHECBrenda Green
City of Lumberton/Henry Harper&Tammy Smith
SELC/Hannah Nelson
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
4512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NO CARO�INA _
DeperVneM of EnWronmenGl puall 919'707'900(]

DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
N( PDES)
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,the
City of Lumberton
is hereby authorized to discharge wastewater from a facility located at the
Lumberton Wastewater Treatment Plant
700 Lafayette Street
Lumberton
Robeson County
to receiving waters designated as the Lumber River in the Lumber River Basin
in accordance with the effluent limitations,monitoring requirements, and other applicable conditions set forth in
Parts I, II,III, and IV hereof.
This permit shall become effective............ January 1, 2024.
This permit and authorization to discharge shall expire at midnight on ...............................................July 31,2028.
Signed this day ...............December 4,2023.
DoclIu,,Signe''d by: AA
IVUI I AuKhbL''''h
C464531431644FE...
Michael J. Montebello,NPDES Permitting Branch Chief
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 15

DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
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 issuedpermit 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.
City of Lumberton
is hereby authorized to:
1. Continue to operate and maintain the Lumberton WWTP, an existing 20.0 MGD facility consisting of the
following components:
• Influent pumps
• Grit removal
• Mechanical bar screen
• Parshall flume and influent flow measurement
• Extended aeration basins
• Secondary clarification
• Chlorine contact chamber
• Aerobic digesters
• Sludge holding tanks
• Chlorine contact chamber and dechlorination(sulfur dioxide)
• Effluent flow meter
2. Discharge from said treatment works at the location specified on the attached map via Outfall 001 into the
Lumber River, classified C;Sw waters in the Lumber River Basin and 03040203 HUC.
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DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
PART
A.(L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 120.0 MGD]
[15A NCAC 02B .0400 et seq., 15A NCACO2B .0500 et seq.] Grade IV
Biological Water Pollution Control System[15A NCAC 08G .0302]
(a.) During the period beginning on the effective date of the permit and lasting until permit expiration,the
permittee is authorized to discharge treated municipal and industrial wastewater from Outfall 001. Such
discharges shall be limited and monitored' by the permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
PARAMETER
Monthly Weekly Daily Measurement Sample Sample
Parameter Code Average Average Maximum Frequency Type Location'
Flow 50050 20.0 MGD Continuous Recording I or E
BOD,5 day,20°C 3
(Apr 1 -Oct 31) C0310 11.0 mg/L 16.5 mg/L Daily Composite I and E
BOD,5 day,20°C 3
(Nov 1 -Mar 31) C0310 18.0 mg/L 27.0 mg/L Daily Composite I and E
Total Suspended Solids3 C0530 30.0 mg/L 45.0 mg/L Daily Composite I and E
NH3 as N (Apr 1 -Oct 31) C0610 4.0 mg/L 12.0 mg/L Daily Composite E
NH3 as N (Nov 1 -Mar 31) C0610 8.0 mg/L 24.0 mg/L Daily Composite E
Fecal Coliform 31616 200/100 mL 400/100 mL Daily Grab E
(geometric mean)
Dissolved Oxygen 00300 Daily Average>5.0 mg/L Daily Grab E
pH 00400 Between 6.0 and 9.0 Standard Units Daily Grab E
Temperature(°C) 00010 Monitor and Report Daily Grab E
Total Residual Chlorine' 50060 1 1 28 µg/L Daily Grab E
Conductivity(µmhos/cm) 00094 Monitor and Report Daily Grab E
Total Phosphorus(mg/L) C0665 Monitor and Report Monthly Composite E
TKN (mg/L) 00625 Monitor and Report Monthly Composite E
NO3-N+NO2-N (mg/L) 00630 Monitor and Report Monthly Composite E
Total Nitrogen 5 (mg/L) C0600 Monitor and Report Monthly Calculated E
Total Chromium(µg/L) 01034 Monitor and Report Monthly Composite E
Chromium VI 01032 53.6 µg/L 66.5 µg/L Monthly Composite E
Total Copper 01042 46.3 µg/L 55.2 µg/L Monthly Composite E
1,4-Dioxane6(µg/L) 82388 Monitor and Report Monthly6 Grab E
PFAS variable Footnote 7 Footnote 7 Grab E
Chronic Toxicity' TGP3B Monitor and Report Quarterly Composite E
Pollutant Scan 9 NCO] Monitor and Report Footnote 9 Footnote 9 E
Hardness10-Total as CaCO3(mg/L) 00900 Monitor and Report Quarterly Composite E
Hardness11-Total as CaCO3(mg/L) 00900 Monitor and Report Quarterly Grab U
Dissolved Oxygen (mg/L) 00300 Monitor and Report Variable2 Grab U and D
Temperature°C 00010 Monitor and Report Variable2 Grab U and D
Conductivity(µmhos/cm) 00094 Monitor and Report Variable2 Grab U and D
TKN (mg/L) 00625 Monitor and Report Monthly Grab U and D
NO3-N+NO2-N (mg/L) 00630 Monitor and Report Monthly Grab U and D
Footnotes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system.
See Special Condition A.(7.).
Footnotes continue on the next page.
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DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NC0024571
Footnotes continued from A.(1.)Effluent Limitations and Monitoring Requirements:
2. Sample locations I-Influent,E-Effluent,U-Upstream=at Chippewa Street Bridge,D-Downstream=at Highway 72.
Upstream and downstream samples shall be grab samples collected 3/week during June,July,August,and September
and 1/week during the remainder of the year.
3. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15%of the respective
influent value(85%removal).
4. The Division shall consider all effluent total residual chlorine values reported below 50 µg/1 to be in compliance with the
permit. However,the permittee shall continue to record and submit all values reported by a North Carolina certified
laboratory(including field certified),even if these values fall below 50 µg/l.
5. For a given wastewater sample,TN=TKN+NO3-N+NO2-N,where TN is Total Nitrogen,TKN is Total Kjeldahl
Nitrogen,and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen,respectively.
6. Samples will be analyzed and reported using sufficiently sensitive test procedures(i.e.,methods)approved under 40
CFR part 136 for the analysis of pollutants or pollutant parameters.After a 24-month sampling period,the Permittee may
request the Division conduct a review of submitted data for assessment and approval of a 1,4-dioxane monitoring
frequency reduction from monthly to quarterly.
7. See Special Condition A.(6.).
8. Chronic Toxicity(Ceriodaphnia dubia)P/F at 21%with testing in February,May,August,and November. See Special
Condition A.(2.).
9. The permittee shall perform three effluent pollution scans during the term of this permit. See Special Condition A.(3.).
10. Effluent hardness shall be performed in conjunction with testing for hardness dependent metals(e.g. copper).
11. The permittee shall sample instream hardness upstream of the facility's discharge.The sample shall be representative of
the hardness in the stream.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
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DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
A.(2.) CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY)
[15A NCAC 02B .0200] [15A NCAC 02B .0500 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 21%.
The permit holder shall perform at a minimum, quarterly 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 February,May,August, and
November. 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 electronically using the
Division's eDMR system for the months in which tests were performed,using the parameter code TGP313 for the
pass/fail results and THP313 for the Chronic Value.Additionally,DWR Form AT-3 (original)is to be sent to the
following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
Or,results can be sent to the email,[e-mail].
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.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival,minimum control organism reproduction, and appropriate environmental controls, shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
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DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
A.(3.) ADDITIONAL MONITORING REQUIREMENTS FOR PERMIT RENEWAL
[G.S. 143-215.1(B)]
(a.) Effluent Pollutant Scans. The permittee shall perform a total of three(3)Effluent Pollutant Scans for all
parameters listed below. One scan must be performed in each of the following years: 2025,2026, and
2027.Analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently sensitive to
determine whether parameters are present in concentrations greater than applicable standards and criteria.
Each annual sample shall coincide with one quarterly toxicity test each year(see Condition A.(2.)
(CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY))), and each must be collected in a different
calendar quarter to represent seasonal variation [i.e., do not sample in the same quarter every year]. Unless
otherwise indicated,metals shall be analyzed as"total recoverable."
Ammonia(as N) C0610 Trans-1,2-dichloroethylene 34546 Bis(2-chloroethyl)ether 34273
Chlorine(total residual,TRC) 50060 1,1-dichloroethylene 34501 Bis(2-chloroisopropyl)ether 34283
Dissolved oxygen 00300 1,2-dichloropropane C0541 Bis(2-ethylhexyl)phthalate C0100
Nitrate/Nitrite 00630 1,3-dichloropropylene 77163 4-bromophenyl phenyl ether 34636
Kjeldahl nitrogen 00625 Ethylbenzene 34371 Butyl benzyl phthalate 34292
Oil and grease 00556 Methyl bromide 34413 2-chloronaphthalene 34581
Phosphorus C0665 Methyl chloride 34418 4-chlorophenyl phenyl ether 34641
Total dissolved solids 70295 Methylene chloride 34423 Chrysene 34320
Hardness 00900 1,1,2,2-tetrachloroethane 81549 Di-n-butyl phthalate 39110
Antimony 01097 Tetrachloroethylene 34475 Di-n-octyl phthalate 34596
Arsenic 01002 Toluene 34010 Dibenzo(a,h)anthracene 34556
Beryllium 01012 1,1,1-trichloroethane 34506 1,2-dichlorobenzene 34536
Cadmium 01027 1,1,2-trichloroethane 34511 1,3-dichlorobenzene 34566
Chromium C0034 Trichloroethylene 39180 1,4-dichlorobenzene 34571
Copper 01042 Vinyl chloride 39175 3,3-dichlorobenzidine 34631
Lead 01051 Acid-extractable compounds: Diethyl phthalate 34336
Mercury(Method 1631E) COMER P-chloro-m-cresol 34452 Dimethyl phthalate 34341
Nickel 01067 2-chlorophenol 34586 2,4-dinitrotoluene 34611
Selenium 01147 2,4-dichlorophenol 34601 2,6-dinitrotoluene C0626
Silver 01077 2,4-dimethylphenol 34606 1,2-diphenylhydrazine 34346
Thallium 01059 4,6-dinitro-o-cresol 34657 Fluoranthene C0376
Zinc 01092 2,4-dinitrophenol 34616 Fluorene 34381
Cyanide 00720 2-nitrophenol 34591 Hexachlorobenzene C0700
Total phenolic compounds 32730 4-nitrophenol 34646 Hexachlorobutadiene C0702
Volatile organic compounds: Pentachlorophenol 39032 Hexachlorocyclo-pentadiene 34386
Acrolein 34210 Phenol 34694 Hexachloroethane 34396
Acrylonitrile 34215 2,4,6-trichlorophenol 34621 Indeno(1,2,3-cd)pyrene 34403
Benzene 34030 Base-neutral compounds: Isophorone 34408
Bromoform 32104 Acenaphthene 34205 Naphthalene 34696
Carbon tetrachloride 32102 Acenaphthylene 34200 Nitrobenzene 34447
Chlorobenzene 34301 Anthracene CO220 N-nitrosodi-n-propylamine 34428
Chlorodibromomethane 34306 Benzidine 39120 N-nitrosodimethylamine 34438
Chloroethane 85811 Benzo(a)anthracene C0526 N-nitrosodiphenylamine 34433
2-chloroethyl vinyl ether 34576 Benzo(a)pyrene 34247 Phenanthrene 34461
Chloroform 32106 3,4 benzofluoranthene 34230 Pyrene 34469
Dichlorobromomethane 32101 Benzo(ghi)perylene 34521 1,2,4-trichlorobenzene C0551
1,1-dichloroethane 34496 Benzo(k)fluoranthene 34242
1,2-dichloroethane 32103 Bis(2-chloroethoxy)methane 34278
(b.) Effluent Scan Reporting. Test results shall be reported electronically via eDMR by December 31 st of
each designated sampling year, except that, subject to prior written approval by the Director,results can be
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DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
reported on DWR Form DMR-PPA-1 or other form approved by the Director. The permittee must at least
report completion of the test in the eDMR system by entering"1"or"Y"for parameter code NCO -
Annual Pollutant Scan. If written reports are approved,the report shall be submitted to the following
address:
North Carolina Division of Water Resources
Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Or the form may be uploaded at: https:Hedocs.deq.nc.gov/FonusNPDES—WW-EDMR-Supplemental-Form
(c.) 2"-Species Toxicity Testing and Reporting.
(i.) In addition to the quarterly toxicity tests required in Condition A.(2.) (CHRONIC TOXICITY
PERMIT LIMIT(QUARTERLY)),the Permittee shall perform and report the results of four(4)
toxicity tests using the same test methods using a second species of test organism suitable to the tests
being conducted.
(ii.) The 2nd species toxicity tests shall be conducted either:
(A) Once per quarter in a single 12-month period(four samples); if this option is chosen,the
sample for each 2nd species test shall coincide with the quarterly samples collected for
(CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY)); or
(B) Once per 12-month period in the four-and one-half year period prior to the scheduled
application for permit renewal(four samples); if this option is chosen, three of the samples for
the 2nd species test shall coincide with those for the annual effluent scans and the coincident
quarterly toxicity test, and each of the four annual samples shall be collected in a different
calendar quarter in order to represent seasonal variation.
(iii.) The results of the toxicity tests shall be submitted to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Or,results can be sent to the email,[e-mail].
(iv.) Results of the 2nd species tests shall also be summarized in Part E(Toxicity Testing Data) of EPA
Municipal Application Form 2A when submitting the permit renewal application to the NPDES
Wastewater Program.
The Permittee may contact the Division's Aquatic Toxicology Branch at 919-743-8401 for guidance
on conducting the additional toxicity tests and reporting of the results.
A.(4.) MERCURY MINIMIZATION PLAN(MMP)
[N.C.G.S. 143-215.1 (B)]
The Permittee shall maintain and continue to implement the Mercury Minimization Plan(MMP)developed in the
previous permit term. The MMP shall continue to be available for inspection on-site. 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 MMP will meet the requirements of the TMDL(Total
Maximum Daily Load) for mercury approved by USEPA on October 12,2012,unless and 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.
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DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
A.(5.) 1,4-DIOXANE RE-OPENER
[NCGS 143-215.1 (b)]
Pursuant to N.C. General Statutes Section 143-215.1 and the implementing rules found in the North Carolina
Administrative Code at 15A NCAC 2H.0112 (b)(1)and 2H.0114(a)and Part II, Sections B-12 and B-13 of this
permit,the Director of DWR may reopen this permit to modify permit requirements to address 1,4-Dioxane
monitoring,treatment and/or compliance.
A.(6.) PFAS MONITORING REQUIREMENT
[G.S. 143-215.1(b.)]
(a) In the absence of a final 40 CFR Part 136 method,influent and effluent PFAS monitoring shall be conducted.
The 3rd or more recent wastewater draft analytical method 1633 (see 40 CFR 122.21(e)(3)(ii) and 40 CFR
122.44(i)(1)(iv)(B)) shall be used and shall include all target analytes listed under Table 1 of the draft method
until such time as the Permittee uses the Final PFAS Method for wastewater. Effective the first full calendar
quarter following six (6) months after EPA publishes a 40 CFR part 136 Final PFAS Method for wastewater
in the Federal Register, influent and effluent PFAS monitoring shall be conducted using the approved EPA
Final PFAS Method 1633.
(b) Influent and effluent monitoring using the draft analytical method takes effect the first full calendar
quarter after the effective date of the permit(April 1,2024) and will be at a quarterly frequency thereafter.
Appendix A has been added to the permit to identify the current analytes listed under Table 1 of the 4th
Draft Method 1633 Analysis of Per- and Polyfluoroalkyl Substances(PFAS)July 2023, in Aqueous
Samples and the appropriate ICIS codes for use when reporting in the electronic Discharge Monitoring
Reports(eDMRs). The method and list of analytes may also be found at:
https://www.epa.gov/system/files/documents/2022-
12/3rd%20Draft%20Method%20163 3%20December%202022%2012-20-22_5 08.pdf
PFAS Monitoring using the Draft Method 1633 shall be reported quarterly using the Division-provided
submittal form. Once PFAS monitoring is conducted using the EPA Final PFAS Method 1633, data shall
be reported in the monthly eDMRs.
Please note that specific considerations and protocols are required to avoid cross-contamination and minimize
sample bias for PFAS. A current listing of laboratories accredited by the Perry Johnson Laboratory
Accreditation, Inc. (PJLA), ANSI National Accreditation Board (ANAB), or the American Association for
Laboratory Accreditation (A2LA) to perform EPA Draft Method 1633 can be found by contacting the
individual associations. Please note that different labs are accredited for different matrices.
NOTES - Sampling and Analytical:
• Sampling shall be planned so that required holding times for analytical methods are met.
• Using one of the analytical laboratories included above will allow consistency in analytical method and
in anticipation of a final method.
•"J"flag values shall be reported when the"J"flag value is associated with the method's upper bound. "J"
flag values need not be reported when less than the method's Minimum Reporting Level(listed in Method
1633).
• Laboratories approved for Aqueous matrix may be utilized. Please note that the lab used does not have
to be in North Carolina.
(c) Pretreatment program activities:
(i.) PFAS Monitoring Applicability: Industry categories known or suspected to discharge PFAS from the
EPA PFAS Strategic Roadmap include: organic chemicals,plastics&synthetic fibers(OCPSF);metal
finishing; electroplating; electric and electronic components; landfills; pulp, paper & paperboard;
leather tanning & finishing;plastics molding & forming; textile mills;paint formulating, and airports.
This is not an exhaustive list and additional industries may also discharge PFAS. For example,
Centralized Waste Treatment(CWT) facilities may receive wastes from the aforementioned industries
and should be considered for monitoring. There may also be categories of dischargers that do not meet
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the applicability criteria of any existing Effluent Limitation Guidelines (ELG); for instance,
remediation sites,chemical manufacturing not covered by OCPSF, and military bases. '.
'-ELG categories of airport deicing, landfills, textile mills, and plastics molding and forming do not have
categorical pretreatment standards,and therefore small-volume indirect dischargers in those categories would
not ordinarily be considered Significant Industrial Users(SIUs)and may not be captured on an existing IU
inventory. IUs under the Paint Formulating category are only subject to Pretreatment Standards for New
Sources(PSNS),and existing sources may need to be inventoried.
(ii.) The Permittee shall identify and locate each Significant Industrial User (SIU) in the approved
pretreatment program in industry categories expected or suspected of PFAS discharges to the
Lumberton WWTP; and begin sampling of and modify Industrial User Permits (IUPs) for each SIU
identified as suspected of PFAS discharges to the Lumberton WWTP to ensure sampling begins within
six months of the permit effective date,by July 1,2024.
(iii.) Update Industrial Waste Survey(IWS)Inventory:POTWs must identify and locate all possible indirect
dischargers that might be subject to the pretreatment program and identify the character and volume of
pollutants contributed to the POTW by the indirect dischargers (see 40 CFR 403.8(f)(2)). As EPA
regulations require, this information shall be provided to the Division (see 40 CFR 122.440) and 40
CFR 403.8(f)(6)) as part of the 2024 Pretreatment Annual Report(PAR). The IWS inventory shall
be revised,as necessary,to include all indirect dischargers in industry categories expected or suspected
of HAS discharges.'- (see 15A NCAC 02H .0906(b)(2)).
(iv.) The Permittee shall begin sampling of and/or issue IUPs for each indirect discharger identified as
suspected of PFAS discharges to the Lumberton WWTP to ensure sampling begins within six months
of completion of the IWS.
(v.) The Division has determined that all SIUs and indirect dischargers identified above analyze their
discharge for PFAS at the same quarterly sampling frequency and with the same analytical
method to ensure protection of human health and the environment due to the potential health hazards
associated with PFAS. Collection and evaluation of this information will also assist the Department in
developing sound policies with respect to PFAS in the environment.
(vi.) The Permittee shall ensure that IUPs within the Lumberton WWTP service area are modified or
reissued, new IUPs are issued, and other Pretreatment Program mechanisms are completed to address
HAS discharges to POTWs.
(vii.) In the absence of local limits, and based upon data as they become available, POTWs shall encourage
Best Management Practices (BMPs), pollution prevention, product substitution, and good
housekeeping practices to make meaningful reductions in PFAS introduced to POTWs. Such BMPs
could be like those included in the EPA Office of Water, December 5, 2022, "Addressing PFAS
Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs."A3.
"Best Management Practices (BMPs) for discharges of PFAS, including product substitution,
reduction, or elimination of PFAS, as detected by draft method 1633".
(viii.)A summary of all actions taken by the Permittee and their industries and monitoring conducted by each
indirect discharger identified as part of this Special Condition shall be provided as part of the PAR(see
15A NCAC 02H .0908(b)).
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A.(7.) ELECTRONIC REPORTING-DISCHARGE MONITORING REPORTS
[G.S. 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs)and program reports.
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.)(a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR)internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted
monthly electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data
and submit DMRs electronically using the internet. The eDMR system may be accessed at:
https:Hdeq.nc.gov/about/divisions/water-resources/edmr.
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 following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
See"How to Request a Waiver from Electronic Reporting"section below.
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported
via the eDMR system no later than the last calendar day of the month following the completed reporting
period. Regardless of the submission method,the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21,2025,the permittee must electronically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports; and
• 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).
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evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)]
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].
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2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9),the permittee must identify the initial recipient at the time of each
electronic submission. The permittee should use the EPA's website resources to identify the initial recipient
for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity(EPA or
the state authorized by EPA to implement the NPDES program)that is the designated entity for receiving
electronic NPDES data[see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of
electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimination-
system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the"Reporting Requirements"section above.
3. 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
4. Signatory Requirements [Supplements Section B. (11.)(b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section
B. (I 1.)(a)or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(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:
'7 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
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DocuSign Envelope ID:5E6E8F39-7254-425B-840D-C412924D4BCB
Permit NCO024571
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Quad#: 123SW,SE Lumberton
Stream Class: CSw
Receiving Stream: Lumber River,Lumber River Basin14-(13) City of Lumberton WW7P
Permitted Flow: 20MGD North NCO024571
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Appendix A. PFAS Target Analytes EPA Method 1633
4th Dra t, July 2023).
Target Analyte Name Abbreviation CAS Number Parameter
Code
Perfluoroalkyl carboxylic acids
Perfluorobutanoic acid PFBA 375-22-4 51522
Perfluoropentanoic acid PFPeA 2706-90-3 51623
Perfluorohexanoic acid PFHxA 307-24-4 51624
Perfluoroheptanoic acid PFHpA 375-85-9 51625
Perfluorooctanoic acid PFOA 335-67-1 51521
Perfluorononanoic acid PFNA 375-95-1 51626
Perfluorodecanoic acid PFDA 335-76-2 51627
Perfluoroundecanoic acid PFUnA 2058-94-8 51628
Perfluorododecanoic acid PFDoA 307-55-1 51629
Perfluorotridecanoic acid PFTrDA 72629-94-8 51630
Perfluorotetradecanoic acid PFTeDA 376-06-7 51531
Perfluoroalkyl sulfonic acids
Perfluorobutanesulfonic acid PFBS 375-73-5 52602
Perfluoropentanesulfonic acid PFPeS 2706-91-4 52610
Perfluorohexanesulfonic acid PFHxS 355-46-4 52605
Perfluoroheptanesulfonic acid PFHpS 375-92-8 52604
Perfluorooctanesulfonic acid PFOS 1763-23-1 52606
Perfluorononanesulfonic acid PFNS 68259-12-1 52611
Perfluorodecanesulfonic acid PFDS 335-77-3 52603
Perfluorododecanesulfonic acid PFDoS 79780-39-5 52632
Fluorotelomer sulfonic acids
1H,1H,2H,2H-Perfluorohexane sulfonic acid 4:2FTS 757124-72-4 52607
1H,1H,2H,2H-Perfluorooctane sulfonic acid 6:2FTS 27619-97-2 52608
1H,1H,2H,2H-Perfluorodecane sulfonic acid 8:2FTS 39108-34-4 52609
Perfluorooctane sulfonamides
Perfluorooctanesulfonamide PFOSA 754-91-6 51525
N-methyl perfluorooctanesulfonamide NMeFOSA 31506-32-8 52641
N-ethyl perfluorooctanesulfonamide NEtFOSA 4151-50-2 52642
Table continues on next page.
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Table continued from Appendix A. PFAS Target Analytes EPA Method 1633 (4th Draft, July 2023).
Target Analyte Name Abbreviation CAS Number Parameter
Code
Perfluorooctane sulfonamidoacetic acids
N-methyl perfluorooctanesulfonamidoacetic acid NMeFOSAA 2355-31-9 51644
N-ethyl perfluorooctanesulfonamidoacetic acid NEtFOSAA 2991-50-6 51643
Perfluorooctane sulfonamide ethanols
N-methyl perfluorooctanesulfonamidoethanol NMeFOSE 24448-09-7 51642
N-ethyl perfluorooctanesulfonamidoethanol NetFOSE 1691-99-2 51641
Per-and Polyfluorother carboxylic acids
Hexafluoropropylene oxide dimer acid HFPO-DA 13252-13-6 52612
4,8-Dioxa-3H-perfluorononanoic acid ADONA 919005-14-4 52636
Perfluoro-3-methoxypropanoic acid PFMPA 377-73-1 PF002
Perluoro-4-methoxybutanoic acid PFMBA 863090-89-5 PF006
Nonafluoro-3,6-dioxaheptanoic acid NFDHA 151772-58-6 52626
Ether sulfonic acids
9-Chlorohexadecafluoro-3-oxanonane-l-sulfonic acid 9C1-PF3ONS 756426-58-1 PF003
11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid 11C1-PF3OUdS 763051-92-9 PF004
Perfluoro(2-ethoxyethane)sulfonic acid PFEESA 113507-82-7 52629
Fluorotelomer carboxylic acids
3-Perfluoropropyl propanoic acid 3:3FTCA 356-02-5 PF001
2H,2H,3H,3H-Perfluorooctanoic acid 5:3FTCA 914637-49-3 PF007
3-Perfluoroheptyl propanoic acid 7:3FTCA 812-70-4 PF005
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NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day.However, for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples, etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
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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 Environmental Quality.
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 Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe prope , 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 II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on'Bypassing"(Part H.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. Severability
The provisions of this permit are severable. If any provision of this permit,or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit, shall not be affected thereby[NCGS 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 orpersons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete.I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the
Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes
or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)].
13. Permit Modification,Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations
contained in Title 40, Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,and,for each classification must[T15A NCAC 08G.0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and 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 II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G.0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and 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
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b.of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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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 Permittee 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. Monitoring and Records
1. 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 122.410)].
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 DEQ/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 visit https:Hdeq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home-page/laboratory-certification-branch 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.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with, or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at 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
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These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information [40 CFR 122.41]:
a. The date,exact place, and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)].
Section E Reporting Requirements
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(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1,in
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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.
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 Repo
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause;the period of noncompliance,including exact
dates and times, and if the noncompliance has not been corrected,the anticipated time it is expected to
continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800) 858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or
information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester;the known passage of a slug of hazardous substance through the facility;or any other unusual
circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators,compressors,etc.
c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass 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. Availabilityports
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
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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.
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 DEQ/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
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent
basis, of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L,);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and 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 definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW 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[I 5A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context,organic capacity refers to BOD,TSS
and ammonia;or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works(POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part 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.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]:
(1) 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(1047)
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. [I 5A
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 ILD 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 122.44].The Permittee 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)]
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Permittee's 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 1UPs.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(AtQ
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 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(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 DEQ/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 SummM(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division;
c. Significant Non-Compliance Report(SNCR)
A list of Industrial Users(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(Ns)that were in significant noncompliance(SNC)
as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keep
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. [I 5A 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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