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HomeMy WebLinkAboutNC0002852_Permit Issuance_20200108 (2)r NORTH CAROLINA Environmental Quality 1/8/2020 Mr. Christopher Doherty Franklin County Public Utilities 1630 US Hwy I Youngsville, N.C. 27596 I101W01616ld3:t MICHAEL S. REGAN LINDA CULPEPPER Subject: Issuance of NPDES Permit Permit Number NC0002852 Franklinton WTP Grade I PC WPCS [ 15A NCAC 08G .0306] Franklin County Dear Mr. Doherty: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on August 07, 2019. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Emily DelDuco at emily.delduco(dmcdenngo or at the number listed below. cc: NPDES riles ec: Raleigh Regional Office Sincerely, DocuSigned by: 8328B44CE9EB4A1 Linda Culpepper Director Nona Carolina Department of Environmental Quality'.. Division of Water Re50UrCe5 1.617 Mail Seroce center! Raleigh, North Carolina 27699161.7 919.707 9125 Permit NC0002852 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Franklin County Public Utilities is hereby authorized to discharge wastewater from a facility located at the Franklinton WTP 529 W. Green St. Franklinton Franklin County to receiving waters designated as Taylors Creek in the Tar -Pamlico River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 01, 2020. This permit and authorization to discharge shall expire at midnight on September 30, 2024. Signed this day 1/8/2020 IDocuSgned by: 8328B44CE9EB4A1.. Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0002852 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from [his facility arises under the permit conditions, requirements, terms, and provisions included herein. Franklin County Public Utilities is hereby authorized to: Continue to operate a conventional water treatment plant with a discharge of treated filter backwash wastewater and treated extracted wastewater. This water treatment plant currently has a design potable flowrate of I MGD, with a maximum, monthly average discharge of0.053 MGD. This facility is located at the Town of Franklinton WTP, West Green Street, Franklinton in Franklin County, and includes the following treatment components: • Raw water pump station; • Flash mixing/flocculation basin; • Chlorination; • Two (2) filter basins with sand/anthracite media; • Corrosion feed system; • Potable water storage; • Backwash pumps; • Washwater holding tank; • Dechlorination; • Solids transfer pumps; • Solids concentrator tank; • Sludge storage tank with pumps; • Sludge truck loading; and 2. Discharge from said treatment works at the location specified on the attached map into Taylors Creek [HUC: 0302010102041, currently classified WS-IV; NSW waters in sub -basin 03-03-01 of the Tar Pamlico River Basin. Page 2 of 7 Permit NC0002852 [lilt 11 a A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade I Physical Chemical WPCS [15A NCAC 08G .0306] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER eDMR Code LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Measurement Frequency Sample Type Sample Location Flow 50050 Continuous Recorder Influent or Effluent Total Suspended Solids (TSS) C0530 30.0 mg/L 45.0 mg/L 21Month Grab Effluent pH 00400 > 6.0 and < 9.0 standard units 2/Month Grab Effluent Total Residual Chlorine (TRC) 2 50060 Daily Maximum 17 µg/L 2/Month Grab Effluent Turbidity 00070 Monthly Grab Effluent Total Capper, mg/L 01042 Quarterly Grab Effluent Manganese, mg1L 01055 Quarterly Grab Effluent Total Zinc, mg/L 01092 Quarterly Grab Effluent Hardness — Total as 00900 CaCO3 or Ca+MG m L a Monitor & Report p0 Quarterly y Grab Effluent Hardness — Total as 00900 CaCO3 or Ca+MG m l-s MonitorBRe Report po Quarterly Grab Upstream p K]eldahl Nitrogen, mg1L (TKN) 00625 Quarterly Grab Effluent Nitrite/Nitrate Nitrogen, mg/L 00630 (NO2-N + NO3-N) Quarterly Grab Effluent Total Nitrogen, mg/L (TN) TN = NOrN + NOrN + TKN C0600 Quarterly Calculated Effluent Total Phosphorus, mg/L (TP) C0665 Quarterly Grab Effluent Chronic Toxicity a TGP3B I Quarterly Grab Effluent Footnotes: I. The pennittee shall submit discharge monitoring reports electronically using NC DWR's eDMR system [see A. (4)]. 2. TRC limits and monitoring requirements apply only if chlorine or chlorine derivatives are used for disinfection. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 3. Effluent hardness sampling should be performed in conjunction with sampling for hardness dependent metals (Copper, Zinc). 4. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be representative of the hardness in the receiving stream. 5. If no stream flow is available to sample, indicate "no stream flow" on DMR. 6. Chronic Toxicity (Ceriodaphnia dabia) at 90% with testing in January, April, July, and October. All parameters shall be monitored in conjunction with toxicity sampling during the specified months [see A. (2)]. All samples must be collected from a typical discharge event. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 7 Permit NC0002852 A. (2) CHRONIC TOXICITY PASS/FAIL MONITORING (QUARTERLY) [I 5A NCAC 02B .0500 et seq.] The permittee shall conduct uq arterlX chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90%. The testing shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. The tests will be performed during the months of January, April, July and October. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, NC 27699-1623 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water 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, Page 4 of 7 Permit NC0002852 shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3.) NUTRIENT REDUCTION [G.S. 143-215.1(b)] Dischargers to the Tar -Pamlico River are subject to the requirements, terms and conditions, of the Tar - Pamlico Nutrient Sensitive Waters Implementation Strategy: Phase Ili adopted April 14, 2005 (Strategy). Non-members of the Tar -Pamlico Association (Association) will maintain or receive permit effluent limits for Total Nitrogen and for Total Phosphorus concentrations as defined in the Strategy. Any revisions to the Strategy during the life of this permit are applicable. If requirements other than those listed in this permit are adopted as part of a revision of the Strategy, the Division reserves the right to reopen this permit to include these requirements. If requirements other than those listed in this permit are adopted to prevent localized adverse impacts to water quality, the Division reserves the right to reopen this permit and include those requirements. A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Reauirements (Supersedes Section D. (2.) and Section E. (5.) (all Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files Page 5 of 7 Permit NC0002852 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(I)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.gpa. ov/comp) iance/final-national -Vol lutant-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 Reoortin¢ 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 Page 6 of 7 Permit NC0002852 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://deg.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B (11) (b) and Supersedes Section B. (11.) (d)I All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B. (I L)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (I I.)(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 yualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the systent, or those persons directly responsible for gathering the information, the information submitted is, to the best qf' my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submittingfalse information, including the possibility of fines and imprisonment for knou7ng violations. " 5. Records Retention [Supplements Section D. (6.)I 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 122.411. A. (5.) PERMIT RE -OPENER: WHOLE EFFLUENT TOXICITY MONITORING [G.S. 143-215.1(b)] Whole Effluent Toxicity monitoring results indicating aquatic toxicity may result in the Division re -opening this permit or requesting by letter that further action be taken. Additional metals testing, a toxicity identification evaluation, a toxicity reduction evaluation, and/or an assessment of discharge treatment alternatives may be requested. Page 7 of 7 Latitude: 3500621" Longitude: 7802823" Quad # C25SW (Franklinton) Stream Class: WS-N NSW Subbasin: 03-03-01 Receiving Stream: Taylors Creek Facility x Location North NOT TO SCALE NF Permit Standard Conditions Page I 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 Ouarter 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. ctc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or Version 1110912011.2 NPD amit Standard Conditions Page 2 of 18 (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 w 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). Version 1110912011.2 NP Permit Standard Conditions Page 3 of 18 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 property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal colifonn or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions I. 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 Version 1110912011.2 NPDI =it Standard Conditions Page 4 of 18 imprisonment of not more than I 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 550,000 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 tinder 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 5250,000 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 tennis, conditions, or requirements of a permit. [North Carolina General Statutes 5 143-215.6A] 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 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class Il 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 Liabilitv Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.S) 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 Pennittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act. 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.2 NF Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this pennit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also famish 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 Pertnittee 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 Pertnittee 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 Pertnittee 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 122.221 Version 1110912011.2 NPD ;tmit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information suhmiaed. Based on my inyuiry of the person or persons who manage the system, or those persons directly responsible far gathering the information, the information submitted is, to the best o/'my knowledge and belief true, accurate, and complete. l 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 (W PCSOCC), 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 anew system; or (2) within 120 calendar days following: `r 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 v a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.2 N i Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: 10 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 y 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. Version 1110912011.2 NPDI rmit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Unsets 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 Permittce 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 Pennittee complied with any remedial measures required under Part Il.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. Monitorine 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: Version 1110912011.2 NP Permit Standard Conditions Page 9 of 18 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://deq.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 C WA (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 C WA 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 fast 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 Permittec'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: Y all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit Y copies of all data used to complete the application for this permit Version 1110912011.2 NPD: =it Standard Conditions Page 10 of 18 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 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Pennittee shall record the following information [40 CFR 122.41]: 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 mast 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(l)]. 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)(I ); 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(I)(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 Version 1110912011.2 NP Permit Standard Conditions Page I 1 of 18 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(I)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Pen nittee 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.S 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 Permittec 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(I)(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 silmificant 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 W.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terns shall be available for public inspection at the offices Version 1110912011.2 NPDI rtnit Standard Conditions Page 12 of 18 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. It. 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 Permttee (NCGS 143-215.1 C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.2 Nf Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants 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 ofan 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 Monitorine 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 Discharees 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 pg/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 (I 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 treasures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.2 NPDI rmit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part 11 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)(I 1)] 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. [I5A 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. [I5A 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." [I5A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [I5A 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 405471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Pennittee may determine that an Industrial User meeting the criteria in paragraphs I 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 (POTW's) Version 1110912011.2 NI Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: I . 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. I. 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 400C (1040F) 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 Pemtittee'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 Pennittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.2 NPI ermit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee 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 (S1U), 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 0211 .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(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 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. l . Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(I)], 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 S1U. 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 11.1) and II.E.S.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The 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 I SA NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.2 NPI 'ermit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(I ). [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 IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the H WA. [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 (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [ 15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their lUs The Pennittee 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 Reportine The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.121 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the C WA (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 Pennittee 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: Version 1110912011.2 NPD ernit Standard Conditions Page 18 of 18 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 I of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users ([Us) 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 (lUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 021­1.0908(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 pernnit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.2 Water Resources ENVIRONNENIAL OVALITT August 26, 2016 Mr. Bryce Mendenhall Franklin County Public Utilities 1630 U.S. 1 Youngsville, NC 27596 PAT MCCRORY DONALD R. VAN DER VAART S. )AY ZIMMERMAN Iliru I✓r Subject: Technical correction to NPDES Permit NC0002852 Franklinton WTP Franklin County Dear Mr. Mendenhall: The Division has received and approved your request to change the owner name of the subject permit from the Town of Franklinton to Franklin County Public Utilities. While the change was made in our permit database (BIMS), a review of your permit file noted that written confirmation of the change had not been sent to you. That is one reason for this revision of your permit. Also, the NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the US EPA on April 6, 2016 with some revisions. The approved WQS no longer includes a standard for Manganese. We have therefore removed the Manganese limit from permit NC0002852. This permit modification 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). Insert the attached pages into your permit and discard the old pages. This modified permit includes the following changes from your current permit: ➢ The permit owner name has been changed as you requested. ➢ The Manganese limit has been deleted. ➢ Section A. (4) has been updated to show the revised deadline for eDMR submissions. If any parts, measurement frequencies or sampling requirements contained in this modification 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. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX httpslldeq. nc.gov/aboutldivisionstwater-resources)water-resources-permits/wastewater-brancNnpdes-wastewater-permi is 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 any other Federal, State, or Local governmental regulation. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@nodenr.gov]. SX cere , zv Jay Zimmerman, P.G. Director, Division of Water Resources cc: Central Files Raleigh Regional Office / Erin Deck NPDES Unit Permit NC0002852 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Franklin County Public Utilities is hereby authorized to discharge wastewater from a facility located at the Franklinton WTP 529 W. Green St. Franklinton Franklin County to receiving waters designated as Taylors Creek in the Tar -Pamlico River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2016. This permit and authorization to discharge shall expire at midnight on September 30, 2019. Signed this day August 26, S/9dy Zimmerman, Director ivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 Permit NC0002852 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Franklin County Public Utilities is hereby authorized to: 1. Continue to operate a conventional water treatment plant with a discharge of treated filter backwash wastewater and treated extracted wastewater. This water treatment plant includes the following treatment components: • Raw water pump station; • Permanganate, alum, caustic feed systems; • Flash mixing/flocculation basin; • Chlorination; • Two (2) filter basins with sand/anthracite media; • Corrosion feed system; • Potable water storage; • Backwash pumps; • Washwater holding tank; • Dechlorination; • Solids transfer pumps; • Solids concentrator tank; • Sludge storage tank with pumps; Sludge truck loading; and This facility is located at the Town of Franklinton WTP, West Green Street, Franklinton in Franklin County. 2. Discharge from said treatment works at the location specified on the attached map into Taylors Creek, currently classified WS IV NSW waters in sub -basin 03- 03-01 of the Tar Pamlico River Basin. Page 2 of 8 Permit NC0002852 I T-ITM A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitoredt by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Parameter Code Monthly Weekly Measurement Semple Simple Average Average Frequency Type Location Flow 50050 Conflnuous2 Recorderz Influent or Effluent Total Suspended Solids (TSS) C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent pH 00400 > 6.0 and < 9.0 standard units 2/Month Grab Effluent Total Residual Chlorine (TRC) 3 Daily Maximum 17 Ng/L 2/Month Grab Effluent 50060 Turbidity 00070 Weekly Grab Effluent Total Copper, mg/L 01042 Quarterly Grab Effluent Total Iron. mg/L 01045 Quarterly Grab Effluent Aluminum, mg/L 01105 Quarterly Grab Effluent Manganese, mg/L 01055 Quarterly Grab Effluent Kjeldahl Nitrogen, mg/L (TKN) Quarterly Grab Effluent 00625 Nithte/Nitrate Nitrogen, mg/L 00630 Quarterly Grab Effluent (NO2-N+NO3-N) Total Nitrogen, mg/L (TN) TN=(NOrN+NO3-N)+TKN Quarterly Calculated Effluent C0600 Total Phosphorus, mg/L (TP) C0665 Quarterly Grab Effluent Chronic Toxicity a TGP38 Quarterly Grab Effluent Footnotes: 1. No later than December 21, 2016, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system [see A. (4)]. 2. Continuous discharges > 50,000 gpd are required to perform continuous (frequency), recording (sample type) flow. 3. TRC limits and monitoring requirements apply only if chlorine or chlorine derivatives are used for disinfection. The Division shall consider all effluent TRC values reported below 50 pg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 Ng/L. 4. Chronic Toxicity (Ceriodaphnia dubia) at 90% with testing in January, April, July, and October. All parameters shall be monitored in conjunction with toxicity sampling during the specified months [see A. (2)]. All samples must be collected from a typical discharge event. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 8 PermitNC0002852 A. (2) CHRONIC TOXICITY PASS/FAIL MONITORING (QUARTERLY) [15A NCAC 02B .0500 et seq.] The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 901/o. The testing shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. The tests will be performed during the months of January, April, July and October. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, NC 27699-1623 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Page 4 of 8 Permit NC0002852 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. A. (3.) NUTRIENT REDUCTION [G.S. 143-215.1(b)] Dischargers to the Tar -Pamlico River are subject to the requirements, terms and conditions, of the Tar -Pamlico Nutrient Sensitive Waters Implementation Strategy: Phase III adopted April 14, 2005 (Strategy). Non-members of the Tar -Pamlico Association (Association) will maintain or receive permit effluent limits for Total Nitrogen and for Total Phosphorus concentrations as defined in the Strategy. Any revisions to the Strategy during the life of this permit are applicable. If requirements other than those listed in this permit are adopted as part of a revision of the Strategy, the Division reserves the right to reopen this permit to include these requirements. If requirements other than those listed in this permit are adopted to prevent localized adverse impacts to water quality, the Division reserves the right to reopen this permit and include those requirements. A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II 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 Page 5 of 8 Permit NC0002852 1. Reporting Requirements (Supersedes Section D. 12.1 and Section E. 15.) fall Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See `How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic 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)]. Page 6 of 8 Permit NC0002852 EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http: / /www2.epa.gov/compliance/final-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://deg.nc.gov/about/divisions/water-resources,/­edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.1 (dll All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /deg.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 140 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: Page 7 of 8 J t Permit NC0002852 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 evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention (Supplements Section D. 16.11 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 122.411. A. (5.) PERMIT RE -OPENER: WHOLE EFFLUENT TOXICITY MONITORING [G. S. 143-215.1(b)] Whole Effluent Toxicity monitoring results indicating aquatic toxicity may result in the Division re -opening this permit or requesting by letter that further action be taken. Additional metals testing, a toxicity identification evaluation, a toxicity reduction evaluation, and/or an assessment of discharge treatment alternatives may be requested. Page 8 of 8 14 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Tammy M. Ray Town of Franklinton P.O. Box 309 Franklinton, North Carolina 27525 Dear Ms. Ray: / V Donald van der Vaart 2NJUN- — May 28, 2015 Secretary a� - 3 2015 Subject: NPDE4fEVftft-MWANtXnalOfce Permit Number NC0002852 Town of Franklinton WTP - Class PC-1 Franklin County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please note that a correction was made to the address in Special Condition A.(2.). Also, please be reminded that proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). Therefore, a LiscnarQe Monitoring xeport (ellMK) mtemet application has been added to this final permit. [See Special Condition A. (4.)] For information on eDMR registering for eDMR and obtaining an eDMR user account, please visit the following web page: hgp:Hportal.ncdenr.or web/wq/admin/bog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http://www2 epa eov/compliance/proposed-npdes-electronic-reportin -rule. 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 permit shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legall requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 t Internet: w .ncwaterquality.org An Equal Opportunity 1 A16rma6ve AcWn Employer- Made in pail by recycled paper Town ofFrarddinton WTP NC0002852 May 28, 2015 Page 2 If you have any questions or need additional information, please do not hesitate to contact Maureen Kinney of my staff at (919) 807-6388. ince y, S. Jay Zimmerman, Director Division of Water Resources, NCDENR cc: Central Files NPDES Unit Files DWR, Raleigh Regional Office, Water Quality Regional Operations Section Permit NC0002852 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELEW NATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Town of Franklinton is hereby authorized to discharge wastewater from a facility located at the Franklinton WTP 529 W. Green St. Franklinton Franklin County to receiving waters designated as Taylors Creek in the Tar Pamlico River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, lII and IV hereof. This permit shall become effective July 1, 2015. This permit and authorization to discharge shall expire at midnight on September 30, 2019. Signed this day May 22, 2015. fti �--- S. immerman, Director DiVision of Water Resources By Authority of the Environmental Management Commission Pagel of 7 Permit NC0002852 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Franklinton is hereby authorized to: 1. Continue to operate a conventional water treatment plant with a discharge of treated filter backwash wastewater and treated extracted wastewater. This water treatment plant currently has a design potable flow rate of 1.0 MGD and a maximum, monthly average wastewater discharge of 0.085 MGD. This water treatment plant consists of. • Raw water pump station; • Permanganate, alum, caustic feed systems; • Flash mixing/flocculation basin; • Chlorination; • Two (2) filter basins with sand/anthracite media; • Corrosion feed system; • Potable water storage; • Backwash pumps; • Washwater holding tank; • Dechlorination; • Solids transfer pumps; • Solids concentrator tank; • Sludge storage tank with pumps; • Sludge truck loading; and This facility is located at the Town of Franklinton WTP, West Green Street, Franklinton in Franklin County. 2. Discharge from said treatment works at the location specified on the attached map into Taylors Creek, currently classified WS IV, NSW waters in sub -basin 03-03-01 of the Tar Pamlico River Basin. Page 2 of 7 Permit NC0002852 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTETISTICS Monthly Weekly Measurement Sample Sample Parameter Code Average Average Frequency Type Location Flow Continuous z Recorded Z 50050 Effluent TotalTotal Suspended Solids (TSS) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent C0530 PH Not > 9.0 nor < 6.0 2/Month Grab Effluent 00400 Standard Units Total Residual Chlorine (TRC) s Daily Maximum 17 µg/L 2/Month Grab Effluent 50060 Turbidity 00070 Weekly Grab Effluent Total Copper, mg/L 01042 Quarterly Grab Effluent Total Iron. mg/L 01045 Quarterly Grab Effluent Aluminum, mg/L 01105 Quarterly Grab Effluent Manganese, mg/I, y 200 µg/L Quarterly Grab Effluent 01055 Kjeldahl Nitrogen, mg/L (TKN) 00625 Quarterly Grab Effluent Nitrite/NitrateNitrogen, mg/L (NON +NO3-N) Quarterly Grab Effluent 00630 Total Nitrogen, mg/L (TN) TN = (NO2-N+ NO3-N) + TKN Quarterly Calculated Effluent C0600 Total Phosphorus, mg/L (TP) C0665 Quarterly Grab Effluent Chronic Toxicity Test s Quarterly Grab Effiuent TGP3B Footnotes: 1. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A.(4.). 2. Continuous discharges > 50,000 gpd are required to perform continuous (frequency), recording (sample type) flow. 3. Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 µgL 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 µgfL. 4. The manganese NC Water Quality Standard as defined for WS class waters is currently under review. Compliance with this limit shall commence 48 months from the permit effective date. 5. Chronic Toxicity (Ceriodaphnia dubia) at 90%; January, April, July, and October. All Effluent Characteristics shall be monitored in conjunction with toxicity test. See Special Condition A. (2.). All samples must be collected from a typical discharge event. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 7 Permit NC0002852 A.(2.) CHRONIC TOXICITY PASS/FAIL MONITORING (QUARTERLY) [15A NCAC 02B .0500 et seq.] The permittee shall conduct quarterl chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90%. The testing shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. The tests will be performed during the months of January, April, July and October. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES pernutted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1(original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, North Carolina 27699-1623 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the pemrittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water 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. Page 4 of 7 Permit NC0002852 A. (3.) NUTRIENT REDUCTION [G.S. 143-215.1(b)] Dischargers to the Tar -Pamlico River are subject to the requirements, terms and conditions, of the Tar - Pamlico Nutrient Sensitive Waters Implementation Strategy: Phase III adopted April 14, 2005 (Strategy). Non-members of the Tar -Pamlico Association (Association) will maintain or receive permit effluent limits for Total Nitrogen and for Total Phosphorus concentrations as defined in the Strategy. Any revisions to the Strategy during the life of this permit are applicable. If requirements other than those listed in this permit are adopted as part of a revision of the Strategy, the Division reserves the right to reopen this permit to include these requirements. If requirements other than those listed in this permit are adopted to prevent localized adverse impacts to water quality, the Division reserves the right to reopen this permit and include those requirements. A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted. 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.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Reportine [Supersedes Section D. (2.) and Section E. (5.) (a)l Beeinnine no later than 270 days from the effective date of this permit the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge Page 5 of 7 Permit NC0002852 monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: hiip:Hportal ncdenr or web/wq/admin/bopJipu/edmr 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. 2. 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 11, Section B. (I1.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (1 l)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: htt://portal ncdenr or web/wq/admin/bo ipu/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: V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submittingfalse information, including the possibility offrnes and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6J] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. A. (5.) PERMIT RE -OPENER: WHOLE EFFLUENT TOXICITY MONITORING [G.S. 143-215.1(b)] Whole Effluent Toxicity monitoring results indicating aquatic toxicity may result in the Division of Water Resources re -opening this permit or requesting by letter that further action be taken. Additional metals testing, a toxicity identification evaluation, a toxicity reduction evaluation, and/or an assessment of discharge treatment alternatives may be requested. Page 6 of 7 .:,^,;,• H T - III I r � .� .. v�. r R- NC t i1^JY 56 T � / • ••, . Water .f .: "= --Athligtic } �. NCoa028s2 2 ivcaaa2s�� - r ' • ' L7ischarge WTi' r/ .Field .• ; Ftrrc lY rOan t • '. ` a ;. ' + .' • Planf � ` I r - • t / •,• \ • JJJ' I r `. .' .r j I '..op,r,nyht(r)2001.Mapj '• I +� rr`• \Cnt ' i _• .. 4h.In.;.• 4: ": • ,� ` Town of Franklinton Franklinton WTP Coun Franklin Stream Class: WS-IV, NSW Receiving Stream: Taylors Creek Sub -Basin: 03-03-01 Latitude: 36' 6' 16" USGS Quad: Franklinton Longitude: 78028'22" HUCM 03020101 Facility x Location (not to scale) NORTH NPDES Permit: NC0002852 PDES Permit Standard Conditions Page I 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 Sams A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 DES Permit Standard Conditions Page 2 of 18 (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. ➢ Pemvttees 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.) Dade Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 PDES Permit Standard Conditions Page 3 of 18 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. 4uarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(ax 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 coliforn or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions I. 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 Version 1110912011.1 DES Permit Standard Conditions Page 4 of 18 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 122.4t(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 C WA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be 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 1 penalty assessed not to exceed $37,500. Penalties for Class H violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 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 H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 PDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date 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] Version 1110912011.1 DES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualfied personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility off nes 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). Version 1110912011.1 PDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class ll, 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 Pemvttee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Pemuttee 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 H.E.6.(24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 111092011.1 IDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (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 ll.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 utilize&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. Monitorine 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. Reoorting 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 alterative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 PDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the C WA (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 die 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 Pemmittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. Version 1110912011.1 DES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: 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 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), 122.611 or state statute. Version 1110912011.1 PDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the 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(Ix6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(i)(7)]• 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(t)(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 fast knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-' 215.1(b)(2) or in Section 309 of the Federal Act. 'DES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.IC). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011.1 PDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Pemiittee shall not commence construction of wastewater treatment facilities, nor add to the planfs 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 2011-3941, 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 Monitorin¢ 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. Chanees in Discharees 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-methyl4,6dinitrophenol; 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 (I mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 DES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(l 1)] 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 Permince'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(bx26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)1: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011.1 PDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Perrnittee'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 (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittce becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/092011.1 DES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee 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 Proerams 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 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.91 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 Pemrittee 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 Version 1110912011.1 ?DES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(bx4)] 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 IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 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)(2xv)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.121 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(bx8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permince 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: Version 1110912011.1 'DES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March I of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (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 Ws that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve-month period. [I5A NCAC 02H .0903(bx34), .0908(b)(5) and .0905 and 40 CFR 403.8(i)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [I5A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and I5A NCAC 02H .0907. Version 11/09/2011.1 I,F nkli.. ��•• ounty A ResearcbTriangtr Region Community November 19, 2021 Mr. Scott Vinson Reginal Supervisor NCDEQ, RRO 3800 Barrett Drive Raleigh, NC 27609 RE: NOV-2021-LV-0850 Dear Mr. Vinson, Public Utilities 1630 US #1 Hwy Youngsville, NC 27596 Phone: 919.556.6177 Fax:919.556.6709 www.franklincountync.us NC Dept of Environmental Quality NOV 3 0 2M Raleigh Regional Office Franklin County Public Utilities is in receipt (11-10-2021) of the letter dated November 5, 2021 regarding the exceedance of TSS for daily maximum and monthly average at our water treatment plant. The elevated TSS numbers for September 2021 were due to a number of variables, during the hotter months, our filters have to be washed more often which makes it difficult to plan basin washing. Under normal circumstances we would wash our filters two days before the basin is scheduled to be washed which gives us time to let the TSS settle out and the chlorine to dissipate before we decant to make room for the basin waste. When staff washed basin 1 on August 13, 2021, a mud valve became stuck closed as we were preparing to wash which limited our operations. When we the plant went to normal operations which caused more flow through filter #2 than usual which in turn caused us to have to wash it earlier than we had originally planned. Some of the remedial efforts we have been discussing are to try to add more metabisulfite on the filter wash preceding the basin wash which would hopefully deactivate the chlorine sooner and allow us to decant sooner, which will allow us to wash the basin sooner and have longer to settle before we have to wash filters again. We are also considering an in house TSS test for process control. Franklin County Public Utilities is hoping that this description helps explains the exceedance and assists in the possible rescinding the NOV and possible fine. If you require any further information please contact my office at 919-556-6177. Regards, he Public Public Utilities Director CC: Permit File Mitchell Hayes, NCDEQ, RRO ROY COOPER Govemor ELIZABETH S. BISER Senemry S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 4115 6426 Return Receipt Requested Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630USHwy 1 Youngsville, NC 27596 yyy .+5NIto U -lL NORTH CAROLINA Environmental Quality November 5, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-LV-0850 Permit No. NC0002852 Franklinton WTP Franklin County .ar Permittee: A review of the September 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Viclation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 9/15/2021 45 54 Daily Maximum Exceeded Concentration (C0530) 001 Effluent Solids, Total Suspended - 9/30/2021 30 32.85 Monthly Average Exceeded Concentration (CO530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. DNa�M1Grebu aeDenuw MEmlranmenul �aDY 10e aWan Desavttr _ atlegM1 0.eybntl Olhel Yla0 Dvrc11 DrNt RtleglINMM1GtoNulR09 ��+ 910.i91A100 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences In the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Sincerely, �(1 Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File Laserfiche Qr�� N klgh oLL Off e 1 3 baM t Dflw I u 19 Olr hb Walar 0.aaWrtea .S�``v(/�/.t�'� Rakyhcegbw ORk<3/o00armi 0nve Rakq�NmM1 Grd4u Ii609 919.791A300 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality April 15, 2020 Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630 US Hwy 1 Youngsville, NC 27596 Dear Mr. Doherty: ,(I_�: m - � Subject: RESCISSION OF NOTICE OF VIOLATION NOV-2020-MV-0050 Franklinton WTP NPDES Permit NC0002852 Franklin County In a letter dated April 7, 2020, you were notified of Turbidity monitoring frequency violations for the following weeks: 02.15.2020, 02.22.2020, 02.29.2020. Through a phone conversation with Alan Ray on April 14, 2020, Mr. Ray informed this office the subject NPDES permit was reissued and became effective 02.01.2020 with Turbidity monitoring required once per month instead of weekly. After reviewing the most current permit requirements for the subject facility and communicating with the Division's NPDES permit staff, this office has determined that the subject facility is not in violation of the self -monitoring requirement of its NPDES permit. The NOV letter dated April 7, 2020, against NPDES permit NCO085863 is hereby rescinded. We appreciate Mr. Ray contacting Division staff to correct the discrepancy with the permit requirement. If you have questions concerning this matter, please contact Mitch Hayes of this office at 919-791-4261. Sincerely, -ZJ) Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources NC DEQ cc: Enforcement lq I a Laserfiche a -L. North Carolina Department of Envh unmental Quality Division of Water Resources D_E J�% Raleigh Regional Office I3800 Barrett Drive ' Raleigh, North Carolina 27609 ROY COOPER C"'_ ,. MICHAEL S. REGAN Sr<re S. DANIEL SMITH Oa. w a. STAr[ vh. LIU \�3`', IIn iM1Ayw p� i NORTH CAROLINA Environmental Qualify Certified Mail # 7017 2680 0000 2236 7467 Return Receipt Requested April 7, 2020 Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630 US Hwy 1 Youngsville, NC 27596 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-MV-0050 Permit No. NC0002852 Franklinton WfP Franklin County Dear Mr. Doherty: A review of the February 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violations indicated below: Monitoring Violati Sample Location Parameter Date Monitoring Frequency Type of Violation 001 Effluent Turbidity (00070) 2/15/2020 Weekly Frequency Violation 001 Effluent Turbidity (00070) 2/22/2020 Weekly Frequency Violation 001 Effluent Turbidity (00070) 2/29/2020 Weekly Frequency Violation A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. f '3 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 60-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Sincerely, X,1.c Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File Laserfiche—g4Vj2D MN 00� e6unty '"''C"FOONA A Resesrcb Triangle Rrgion Corexumity October 24, 2019 Mr. Rick Bolich Assistant Regional Supervisor Water Quality Regional Operations Section 3800 Barrett Drive Raleigh, NC 27609 RE: NOV-2019-LV-0757 Dear Mr. Bolich, Public Utilities 1630 US #1 Hwy Youngsville, NC 27596 Phone:919.556.6177 Fax:919.556.6709 www.franklincountync.us Nc neptofE � 14 oll nvironnental Q114114 fl cr z$ 2019 kaleigh Regzonal Office Franklin County is in receipt of your letter dated October 15, 2019 in regards to the county exceeding limits on our discharge permit (NC0002852). Below is a sequence of events that led us to exceed our limits: In late July 2019, we had to drain our basin #2 due to an animal had gotten in and drowned, and to be safe we drained basin #1. After draining the basins, we washed and cleaned the basins. As this was an out of sequence cleaning, and we have limited room in our discharge basin, we did not have time to prepare the extra wastewater. Remedial actions have already been taken to correct the issue. The county removed approximately 90% of our solids from the wastewater basin to give us additional room, should anything like this come up again. County staff also performed a perimeter check of our fencing and secured any means of access from animals. The county is respectfully asking that no civil penalty be assessed due to this being a rare occurrence. If you require any further information, please contact me at your convenience. Regards, Chns opher Dohe Public Utilities Director CC: Mitchell Hayes (email) Permit File ROY COOPER MICHAEL S. REGAN serma LINDA CULPEPPER lh, w .��r Ir 3x3 NORTH CAROLINA EnHronmrntal Qualify Certified Mail # 7016 3560 0000 4428 4570 Return Receipt Requested October 15, 2019 Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630 US Hwy 1 Youngsville, NC 27596 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0757 Permit No. NC0002852 Franklintm WTP Franklin County Dear Mr. Doherty: A review of the August 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violations indicated below: Limit Exceedance Violations: Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 8/7/2019 45 53 Daily Maximum Exceeded Concentration (CO530) 17,1 /0* 001 Effluent Solids, Total Suspended - 8/31/2019 30 36.65 Monthly Average Exceeded Concentration (C0530) I , 14 T A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. (, %, lD� 1Wft I, 3�, ors sH�k F►,39oT Ay, N:rt+:aa•a 6tci`-a•: 9E-,'•r-e•:a If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Sincerely, Rick Bolich, L.G., Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Central Files ROY COOPER Gc.erncr MICHAEL S. REGAN Secr,�Nn LINDA CULPEPPER Diri, wt Chistopher Doherty Public Works Director Franklin County Public Utilities 1630 US Hwy 1 Youngsville, North Carolina 27596 Dear Mr. Doherty, NORTH C.AROLINA Environmental Quality November 6, 2019 Subject: Compliance Evaluation Inspection Franklin County Water Treatment Plant Permit No.: NC0002852 Franklin County On November 5, 2019 Erin Deck of the Raleigh Regional Office (RRO) of the Division of Water Resources (DWR), conducted a site inspection at the subject facility. The facility is located at 529 W Green Street, Franklinton. The assistance of Mr. Allen Ray during the inspection was appreciated. Observations during the inspection are summarized below. An inspection checklist is attached for your records. 1. The most recent permit became effective on September 01, 2019 and expired on September 30, 2019. A renewal application was received by the Division on June 10, 2019. Please continue to operate under your expired permit until a new permit is issued. 2. A review of our Basinwide Information Management System (BIMS) lists Allen L Ray as Operator in Responsible Charge (ORC) and Ashley P. Roberson as Backup ORC. 3. The water treatment plant staff are field certified (Certification no. 5680) for Total Residual Chlorine and pH. The remaining parameters are sent to Cameron for analysis. 4. Commercial lab results, chain of custody records, bench sheets were compared with data submitted on the Discharge Monitoring Reports (DMRs) for the months of January 2019, April 2019 and July 2019. No discrepancies were noted. D- E Q Narrh Carolina Ueperbnenl uP 6n i onsnenta' ( Utly DMI n )F Wote( Re9ource5 R leiyh keyfw)ul Ortice MOIlai-eU,)rive R i e�gh, do Ih [ arolina '7GU9 5. The facility was not discharging at the time of the inspection. No adverse impacts were noted to the receiving stream adjacent to the effluent pipe. 6. Sludge is hauled and land applied under Granville Farms Inc. Residuals Land Application Program, Permit WQ0033587. Sludge was last hauled from the facility on 10/08/2019. You are reminded to contact this office of any situation that potentially threatens public health or the environment. Thank you for your assistance during the inspection. If you have any questions or concerns regarding this inspection, please contact myself or Erin Deck at 919-791- 4200. Sincerely, S. J erman, P.G., Chief Water Quality Regional Operations Section Attachments: EPA Compliance Inspection Report Cc: Allen Lee Ray via email: arayCfranlincountync.us PRO Files Laserfiche Utt1119 United Stales Environmental Protection Agency Form Approved, EPA Washington, D.C. 20kIW OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8.31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fee Type 1 lv l 2 15 1 3 I NC0002852 I11 121 19n1/as I17 18 Lrj 19 1 s I 201 I 2111IIII IIIIIIUIIIIIIIIIIIIIIIII IIIIIII111 �6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIAReserved I I I I I I8O1 67) �I 70 I I 71 LI 72 73I 75I I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00AM 19/11/05 15/07/01 Franklinton WTP 529 W Green St Exit Time/Date Permit Expiration Date Franklinton NC 27525 10:30AM 19/11/05 19/09/30 Name(s) of Onsite Representative(syTifles(s)/Phone and Fax Numbers) Other Facility Data /// Allen Lee Ray/ORC/919-870-2870/ Name, Address of Responsible Offictal/Tifle/Phone and Fax Number Contacted Christopher Doherty, 1630 US Hwy 1 youngsville NC 27596/Public Utilities Didil l9-553-6177/9195566709 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Flow Measurement E Records/Reports E Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names) and Signature(s) of Inspectors) Agency/Office/Phone and Fax Numbers Date Ern M Deck f DWR/RRO WO/919-79142001 Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Dale EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPOES yr/mo/day Inspection Type (Cont.) 31 NC0002852 12 19/11/05 17 18 I C ( Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) 1. The most recent permit became effective on September 01, 2019 and expired on September 30, 2019. A renewal application was received by the Division on June 10, 2019. Please continue to operate under your expired permit until a new permit is issued. 2. A review of our Basinwide Information Management System (BIMS) lists Allen L Ray as Operator in Responsible Charge (ORC) and Ashley P. Roberson as Backup ORC. 3. The water treatment plant staff are field certified (Certification no. 5680) for Total Residual Chlorine and pH. The remaining parameters are sent to Cameron for analysis. 4. Commercial lab results, chain of custody records, bench sheets were compared with data submitted on the Discharge Monitoring Reports (DMRs) for the months of January 2019, April 2019 and July 2019. No discrepancies were noted. 5. The facility was not discharging at the time of the inspection. No adverse impacts were noted to the receiving stream adjacent to the effluent pipe. 6. Sludge is hauled and land applied under Granville Farms Inc. Residuals Land Application Program, Permit WQ0033587. Sludge was last hauled from the facility on 10/08/2019. Page# Permlt: NC0002852 Owner -Facility: Franklinton WrP Inspection Dale: 11/05/2019 Inspection Type: compliance Evaluation Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? M ❑ ❑ ❑ Is all required information readily available, complete and current? M ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ Is the chain -of -custody complete? 0 ❑ ❑ ❑ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete. do they include all permit parameters? M ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ 0 (If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? M ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? 0 ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Facility has copy of previous years Annual Report on file for review? ❑ ❑ ❑ 0 Comment: TRC curve was last done 1112018. It is scheduled to be done again this month. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑ application? Is the facility as described in the permit? ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall property maintained? 0 ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ Page# 3 Permit NC0002852 Inspection Date: 11/05/2019 Effluent Pipe If effluent (diffuser pipes are required) are they operating properly? Comment: Owner -Facility: FmnklintonwrP Inspection Type: compliance Evaluation Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Flow meter was calibrated on 8/28/2019. Yes No NA NE ❑ ❑ ■ ❑ Yes No NA NE ■ ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ❑ M ❑ Page# 4 ROY COOPER G".w. MICHAEL S. REGAN %t Mary LINDA CULPEPPER mrc�a. .' _ $LAf, �( NORTH CAROL INA Enviranmmlal Quality Certified Mail # 7016 3560 0000 4428 4570 Return Receipt Requested October 15, 2019 Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630 US Hwy 1 Youngsville, NC 27596 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0757 Permit No. NC0002852 Franklinton WTP Franklin County Dear Mr. Doherty: A review of the August 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violations indicated below: Limit Exceedance Violations: Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 8/7/2019 45 53 Daily Maximum Exceeded Concentration (C0530) 001 Effluent Solids, Total Suspended - 8/31/2019 30 36.65 Monthly Average Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten 10) business day after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Sincerely, Rictolich, L.G., Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Ceptral Files/1& 111 ROY COOPER Qoverriar MICHAEL S. REGAN Secretary I INnA Ci n PFPPFR Certified Mail # 7017 0190 0000 9562 9071 Return Receipt Requested Christopher Doherty, Public Utilities Director Franklin County Public Utilities 1630 US Hwy 1 Youngsville, NC 27596 Ni [G GAI INC February 8, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0082 Permit No. NC0002852 Franklin County WTP Franklin County Dear Mr. Doherty: A review of the November 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violations indicated below: Limit Exceedance Violations: Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 11/14/2018 45 89 Daily Maximum Exceeded Concentration (C0530) 001 Effluent Solids, Total Suspended - 11/30/2018 30 54.4 Monthly Average Exceeded Concentration (CO530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. No rth Cam iinaDepart" otofEnv ronmental Qua i¢y I DivsonofWater Kati 9a!e�gh Reg one: 0fr.oe l 360D BerrettDr w 16 aleigh. North Carolina 27609 "� 919-791-11 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten 10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Sincerely, Rick Bolich, L.G., Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Central Files D_E 5 North Carolina Department of Envronmenta QualR) I D visor. of Water Rasourot / Raie,gh Regonal Off oe 13&DO Barrett Drae I Raleigh, North Carona 276DD "� 919-791-4200 V a � Water Resources ENVIRONMENTAL QUALITY October 24, 2018 Mr. Christopher Doherty Public Utilities Director Franklin County 1630 US Hwy 1 Youngsville, NC 27596 Subject: Bioassay Compliance Evaluation Inspection Whole Effluent Toxicity Test Franklin County WTP NPDES Permit No: NC0002852/001 Franklin County Dear Mr. Doherty: MICHAEL S. REGAN Secretary LINDA CULPEPPER Intenm Director Whole Effluent samples were collected from Franklin County WTP on August 21 and 23, 2018 by Cheng Zhang of Division of Water Resource (DWR), Raleigh Regional Office. These samples were for use in a chronic Ceriodaphnia dubia pass -fail toxicity test, which was performed by the staff at DWR Aquatic Toxicity Branch. This test failed for the toxicity inspection. Toxicity test information follows. Test Type 3-Brood Ceriodaphnia dubia chronic pass fail Test Concentration 90 % Test Result Fail (for Toxicity Inspection) If you have any questions regarding the attached report or any of the findings, please contact Cheng Zhang at: (919) 791-4200 (or email: cheng zhang(i—ncdennizov). Since Iy, Danny S ith Water Quality Regional Supervisor Raleigh Regional Office Attachments: Compliance Inspection Report Cc: Central Files w/attachment Raleigh Regional Office w/attachment Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section httpJiportat.nedenr.orWwebiwq%aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-1200 Location: 3800 Barrett Drive, Raleigh. NC 27609 Fax: (919) 788-7159 Unled states Environmental Protection Agency Form Approved. EPA Washington, D.C. 2o460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e.. PCs) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fee Type 1 IN I 2 15 I 3 I NC0002852 I11 121 1810812l I17 18 f 13 I 19 I C I 20I 211 I I I I I I I I I I I I I III I I I I I I I I I I I I I I I I I I 11 U I I .16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIAReserved 67L I 70LJ 71 72 LuJ 73I 74 75I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09-.00AM 18/08/21 15/07/01 Franklin County WTP 529 W Green St Exit Time/Date Permit Expiration Date Franklintpn NC 27525 09:15AM 18/08/21 19/09/30 Name(s) of Onsite Representabve(s)/Til es(syPhone and Fax Numbers) Other Facility Data Name. Address of Responsible Official/rite/Phone and Fax Number Contacted Christopher Doherty.1630 US Hwy 1 youngsville NC 27596/Public Utilities Dir/919-556-8177/9195566709 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Other Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signatures) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Chang Zhang RRO WO/1919-791-4200/ y 3'0fI Y01U /OI Signatu of Manage t O A Re ew gency/Office/�Phhone and Fax Numbers Date r 1/({� 12 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yrlmo/d: Inspection Type 31 NCo002852 I11 12 18/0821 t7 18101 Section D: Summary of Finding/Comments (Attach additional sheets of naaafive and checklists as necessary) Two grabe samples were collected at the outfall on August 21 and 23, 2018, which were used in a ceriodaphnia chronic pass/fail test at DWQ's Aquatic Toxicoly Branch. The test result was FAIL. Page# ROY COOPER N.'ro, 6ovemor MICHAEL S. REGAN sea dwy Water Resources S. JAY ZOvIIAERMAN ENVIRONMENTAL OUAIITY Dlmtw August 4, 2017 Mr. Bryce Mendenhall Franklin County Public Utilities 1630 US Highway 1 Youngsville, NC 27596-9661 Subject: Retraction of NOV-2017-LR-0074 Failure to Submit Discharge Monitoring Reports (DMRs) Franklin County Public Utilities Franklin County WTP NPDES Permit NC0002852 Franklin County Dear Mr. Mendenhall: On July 14, 2017, the Division issued a Notice of Violation (NOV) against Franklin County Public Utilities — Franklin County WTP. The NOV was based upon a violation of the reporting requirement by failing to submit a discharge monitoring report (DMR) for December 2014. Subsequent to your receipt of the NOV, Mike Bailes with Franklin County Public Utilities contacted the Division indicating that Franklin County Public Utilities was not the owner of the facility at the time the DMR was due for submission. Therefore, Franklin County Public Utilities was not responsible for submitting DMRs for permit NC0002852. Since Franklin County Public Utilities was not required to submit DMRs for the Franklin County WTP (NC0002852) as they were not the owners at the time DMRs were due for submission, I have withdrawn the NOV against Franklin County Public Utilities — Franklin County WTP for the cited violation and directed that the record of this violation be removed from our files. Please note that Franklin County Public Utilities is still responsible for submitting the missing May 2015 DMR (NOV-2017-LR-0075), as they were the owners during the monitoring period and at the time the DMR was due. Thank you for your prompt attention to this matter. If you have any questions about this letter or discharge monitoring reports, please contact Brianna Young at 919-807-6333 or via e-mail at brlanna.young@ncdenr.gov. incerel� S. Jay Zimmerman, P.G., D' or Division of Water Resources cc: RRO DWR WQROS, Danny Smith NPDES Files NC0002852 Central Files cc: Mike Bailes, Franklin County Public Utilities [mbailes@franklincountync.us] State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 Water Resources ENVIRONMENTAL OUALITY ROY COOPER Go mw MICHAEL S. REGAN Secremn S. JAY ZIMMERMAN Oryctw A b July 14, 2017 0 o s r rM Certified Mail 7015 0640 0007 9833 8302 - Return Receipt Requester `- tY t» e Mr. Bryce Mendenhall a c Franklin County Public Utilities w 1630 US Highway 1 O ;p Youngsville, NC 27596-9661 Fwr Subject: NOTICE OF VIOLATION- NOV-20f°/-LR-0074 ti And NOV-2017-LR 0075 for Late Discharge Monitoring Report (DMRs) NPDES Permit NC0002852 Franklin County WTP Franklin County Dear Mr. Mendenhall: The Division is concerned about missing and late monthly Discharge Monitoring Reports (DMRs) for the subject facility. Our records show that you have not submitted a DMR for December 2014 and May 2015 [see table below]. Our files reflect the following record: D I Due Received Date Days Late December 2014 31 January 2015 Not Received 895 May 2015 30 June 2015 Not Received 745 Failure to submit a timely DMR can subject you to civil penalty assessments not to exceed $25,000 per violation. In accord with the NPDES Program, DMRs are due no later than the last day of the month following the month of reporting, i.e., a June DMR is due no later than July 31 [Part M Condition D (2); 15A NCAC 2B.506 (a)]. If you have documents proving that this record is in error, please forward them to us. Otherwise, please submit by August 14, 2017, all DMRs listed in the table above as "Not Received." Please also note that Franklin County Public Utilities now enters a probationary period wherein a repeat violation for late reporting within the coming calendar year July 2017 - June 2018, may prompt this office to assess civil penalties. If you have questions, please email the Expedited Permitting and Compliance Unit, attention Brianna Young [brianna.young@ncdenr.gov], or call her direct line (919) 807-6333. be: Central Files NPDES Program Files RRO Supervisor, Danny Smith ly, S. Jay Zimmerman, P. . Director, Division of Water Resources State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX httpsJldogmc.gov/aboutldivisiws/water-resoumeslw ta-resources-permits/wastewater-branchlnpdm-wastewater-pmnits From: Ashley Roberson [mailto:aroberson@franklincountync.usl Sent: Tuesday, February 21, 2017 3:28 PM To: Moore, Cindy <cindy.a.moore@ncdenr.aov> Cc: Hayes, Mitch <mitch. haves@ncdenr.eov> Subject: RE: Tox Cindy I was not completely sure who to contact reference the tox pass/fail sampling. Originally our lab said there was nothing to do after the failure. I was unsure about it which lead me to contact Mitch. We are pulling tox this week to stay in compliance with the permit wording. If this is not correct please let me know. Mitch thanks for your help. From: Hayes, Mitch [mailto:mitch.hayes@ncdenr.gov] Sent: Tuesday, February 21, 2017 11:14 AM To: Ashley Roberson Subject: RE: It's in the last paragraph. "Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival ......... 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." What I take from this is that you keep on testing until you achieve a passing result. If you have any further questions about toxicity you can contact Cindy Moore, unit supervisor for toxicity, at 919-743-8442. Mitch Hayes, Environmental Specialist NCDEQ - Division of Water Resources Water Quality Regional Operations Section 1628 MSC, Raleigh, NC 27699-1699 (P) 919.791.4261- (F) 919.788.7159 htto://portal. ncdenr.orp,/web/wa/ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ashley Roberson [mailto:aroberson@franklincountvnc.usl Sent: Tuesday, February 21, 2017 10:49 AM To: Hayes, Mitch <mitch. haves@ncdenr.eov> Cc: Jonathan Yancey <ivancev@franklincountvnc.us> Subject: Here is the page. I cannot tell if it is specifically asking us to do anything over a failed tox test. Please advise. Thanks in advance for your help. Hayes, Mitch From: Moore, Cindy Sent: Tuesday, February 21, 2017 4:03 PM To: Ashley Roberson Cc: Hayes, Mitch; Meadows, Susan Subject: RE: Tox Ashley, Your parameter page should stipulate the testing requirements. This page should be right before the page you sent. Our records show that your facility has a monitoring only requirement and no limits are set forth in the permit. You would not have to do additional testing. From: Ashley Roberson [mailto:aroberson@franklincountync.us] Sent: Tuesday, February 21, 2017 3:36 PM To: Moore, Cindy <cindy.a.moore@ncdenr.gov> Cc: Hayes, Mitch <mitch. hayes@ncdenr.gov>; Meadows, Susan <susan.meadows@ncdenr.gov> Subject: RE: Tox NC0002852 From: Moore, Cindy[mailto:cindy.a.mooreancdenr.gov] Sent: Tuesday, February 21, 2017 3:31 PM To: Ashley Roberson Cc: Hayes, Mitch; Meadows, Susan Subject: RE: Tox Ashley, If you could provide your NPDES permit # and we can look up your information. Thanks Cindy Wafer Resources ENViRONMENIIL OUNLiLY Certified Mail #7014 3490 00018821 0521 Return Receipt Requested September 23, 2016 Bryce Mendenhall Franklin County Public Utilities 1630 U S Hwy 1 Youngsviile, NC 27596-9661 PAT MCCRORY G.v DONALD R. VAN DER VAART SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-MV-0109 Permit No. NC0002852 Franklin County WTP Franklin County Dear Mendenhall: SgEYj S. SAY ZIMMERMAN DYC A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation indicated below: Monitoring Violation: Sample Location Parameter Monitoring Date Frequency Type of Violation 001 Effluent Solids, Total Suspended - 7/31/2016 2 X month Frequency Violation Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally, and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: htti)://t)ortal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. S' cer ly, Danny Smi /h,egional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Central Files State of North Carolina I Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200 Menefee-dunn, Barbara From: Hayes, Mitch Sent: Friday, September 16, 2016 1:19 PM To: Menefee-dunn, Barbara Subject: FW: NC0002852 is the Franklin County WTP I heard back from Charles today. Mitch Hayes, Environmental Specialist NCDEQ- Division of Water Resources Water Quality Regional Operations Section 1628 MSC, Raleigh, NC 27699-1699 (P) 919.791.4261 - (F) 919.788.7159 htta://Porta I. ncdenr.orp/web/wo/ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Charles Sent: Friday, September 16, 2016 12:59 PM To: Hayes, Mitch <mitch.hayes@ncdenr.gov> Subject: NC0002852 is the Franklin County WTP Mitch - sorry for the typo on that letter. I had several of those to process in short order, and I missed the facility name change. BIMS has the correct facility name. Charles H. Weaver Environmental Specialist N.C. Division of Water Resources N.C. Department of Environmental Quality 919-807-6391 chades.weaverAncdenr.aov (physical address) 512 North Salisbury Street, Raleigh, NC 27604 (mailing address) 1617 Mail Service Center, Raleigh, INC 27699-1617 0 -Nothing Compares _.- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. WATER POLLUTI CONTROL SYSTEM OPERATOR DE NCAC 15A 8G .0201 NATION FORM (WPCSOCC) Permittee Owner/officer Name: Franklin MallingAddress: 1630 Hwy 1 Press TAB to enter Information Public Utilities, Bryce Mendenhall, Director city; Youngsville State: NC Email Address: bmepderka1I@franklipcounlync w% Signature: Facility name; Fran klinton Watej Plant County: Franiklin Phone: 919-556-6177 Zip: 27596 Date: 7-- l z — f Co Permitto NC0002852 YOU MUST SUBMIT A SEPARATE FORM FOR EACH TYPE AND CLASSIFICATION OF SYSTEM: Facility Type: PC Facility Grade: I OPERATOR IN RESPONSIBLE CHARGE (ORC) Print Full Name. Ashley Page Roberson Work Phone: 919-494-2952 Certificate Type: PC Certificate Grade: I Email Address: aroberson(p2tranklineountync.u9 Certificate fr: 985420 Signature: �� Date: &/ I016 "I certify that I agree to my desig atlon as the Operator in Responsible Charge for the facdirry noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth In 15A NCAC 086 .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." BACKUP ORC Print Full Name: Stephen Dail Phillips Work Phone: 919-494-5850 Certificate Type: PC Email Address: Certificate Grade: I Certificate a: 992958 Signature: '� �C2� -)V pn - 1 Date: "I certify that I agree to my designation as a Sock -up Operator in'Responsible Chorge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC asset forth in 15A NCAC 08G .0204 and foiling to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mall, fax or email WPCSOCC, 1618 Mail Service Center, Fax: 919-715-2726 Ema_II: eertadmin@ncdenr.gov ORIGINAL to: Raleigh, NC 27699.1618 Mall or Fax Asheville a COPY to: 2090 US Hwy 7o Swannanoa, NC 29778 Fax:828-299.7043 Phone:928-296-4500 Fayetteville 225 Green St., Suite 714 Fayetteville, NC 28301-5043 Fax: 910485.0707 Phone: 910.433-3300 Mooresville Raleigh 610 E. Center Ave., Suite 3D1 3800 Barrett Dr. Mooresville, NC 28215 Raleigh, NC 27609 Fat: 704-663-6040 Fox: 919.571-0718 Phone:704-663-1699 Phone:919-791-4200 Washington Wilmington Winston-Salem 943 Washington Sq. Mall 127 Cardinal Dr. 45 W. Flares Mall Rd. Washington, NC 27889 Wilmington, NC 28405-2845 Winston-Salem, NC 27105 Fax:252-946-9215 Fax:910-350.2004 Fax:336-776-9797 Phone:252-946-6481 Phone!910-796a215 Phone;336-776-9800 Revuec(470+8 North Carolina Department of Environmental Quality 5 Pat McCrory 3onaldR. van der Vaart Governor Secretary November 20. 2015 J. Bryce Mendenhall, Public Utilities Director Franklin County Public Utilities 1630 US Hwy #1 Youngsville, NC 27596 Subject: Compliance Evaluation Inspection Franklinton Water Treatment Plant NC0002852 Franklin County Dear Mr. Mendenhall: Mitch Hayes from the Raleigh Regional Office conducted the subject inspection on November 17, 2015. Assistance from Jay Van Hoose and Heather Adams with this inspection was appreciated. Please find attached the Basinwide Information Management System (BIMS) check list summarizing the inspection. Below is a list of findings developed from the inspection. The permit was reissued, became effective July 1, 2015 and will expire September 30, 2019. A requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application within 270 days from the effective date of this permit, March 28, 2016, has been added to the permit. 2. Effective May 1, 2015 Franklin County Public Utilities has taken ownership of Franklinton Water Treatment Plant. Division of Water Resources (DWR) records does not indicate the correct owner. You stated that an ownership / name change form would be sent in. 3. Envirolink is contracted to operate and maintain the water treatment plant. Basinwide Information Management System (BIMS) lists Jay Van Hoose as the Operator in Responsible Charge (ORC) and Matthew W. Little as the back-up ORC. 4. The water treatment plant consists of the following units: flash mixer; 2 — 10,000 gallons each flocculation basins; 2 — 60,000 gallons each filters; 2 — 10, 000 gallons each sedimentation basins; 1 — Trac Vac sludge removal system; 1 — 200,00 gallon washwater tank; solids concentrator -clarifier; 1 — 60,000 gallon sludge holding basin; and one truck loading sludge pump station. All plant components were operational. The truck loading station was not in use at the time of inspection. Effluent appeared clear at the discharge point flowing into Taylor's Creek. 5. Sludge is hauled and land applied under Granville Farms Inc. Residuals Land Application Program, permit W00000838. Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper 6. The water treatment staff are field certified for Total Residual Chlorine and pH. Calibration sheets are maintained. Merritech Labs performs Toxicity and Environment 1 analyzes all other parameters. All Chain of Custody sheets are maintained in files. 7. Discharge Monitoring Reports (DMR's) for the period August 2010 through October 2015 were reviewed for compliance with permit limits and monitoring requirements. The following violations were noted: flow was exceeded for July 2011; Total Suspended Solids (TSS) daily maximum permit limit was exceeded January 17, 2012; TSS was not monitored January 31, 2012; daily permit limit was exceeded for Total Residual Chlorine (TRC) on March 06, 2012; daily permit limit was exceeded for TRC on April 03, 2012; a Notice of Deficiency was issued for exceeding monthly TSS for April 30, 2015. 8. Commercial lab results, chain of custody records, and bench sheets were compared with data submitted on the Discharge Monitoring Report (DMR) for October 2015. No discrepancies were noted. The assistance and time provided by Jay Van Hoose and Heather Adams was greatly appreciated. If you have any questions about this letter or the inspection, please contact Mitch Hayes at 919.791.4261 or at mitch. hayesO-ncdenr.aov Sincerely Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office NCDEQ cc: Permit files, Central files United States Environmental Protection Agency Form Approved. EPA Washington, D.0 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mc/day Inspection Type Inspemor Fee Type 1 IN 1 2 15 1 3 I NC0002852 I11 12 15/11/17 17 18 1 r• l 19 I! I 201 I 211111 1 1 I I I I II I I I I I I I I I I I I 1 1 I I I I I I I I I II 11 1 1 1 f6 Inspection Work Days Facility Sett -Monitoring Evaluation Rating B1 CA Reserved 67I 701, I 71 72 u 1 7375I1I I I I 80 Ly Section B: FacilityData Name and Location of Facility Inspected (Far Industrial Users discharging to POTW, also include Entry Time/Date Peril Effective Date POTW name and NPDES perk Number) 10:30AM 15/71/77 15/07/01 Fmnklinwn WTP Exit Tirne/Dats Permit Expiration Date 529 W Green St Franklinton NC 27525 11:45AM 15/11/17 19/09/30 Names) of Onsits Representath e(s)(fNes(s)/Phone and Fax Numbers) Other Facility Data R/ Bryce MendenhalU/9lg-556-5177/9195566709 Heather Thomas Adams//252-2354900 /2522352132 Jay W. Van Hawe/ORC/252-955-3764/ Matthew Williams Little/ORC/252-508-0313/ Name, Address of Responsible Official/TNe/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance Records/Reports 0 Self -Monitoring Program Sludge Handling Disposal 0 Facility Site Review EffluenVReceiving Waters 0 Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Narrate) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Mitchell S Hayes RRO WO//919-7914200/ �f Sign Management(/OJA,Ileviewer Agency/Office/Phone ancl Fax Numbers Date Ituol' EPA For 3560- (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 31 NCo002852 I11 12 15/11/17 17 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The permit was reissued, became effective July 1, 2015 and will expire September 30, 2019. A requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) intemet application within 270 days from the effective date of this permit, March 28, 2016, has been added to the permit. Effective May 1, 2015 Franklin County Public Utilities has taken ownership of Franklinton Water Treatment Plant. Division of Water Resources (DWR) records does not indicate the correct owner. A ownership / name change form would be sent in. Envirolink is contracted to operate and maintain the water treatment plant. Basinwide Information Management System (BIMS) lists Jay Van Hoose as the Operator in Responsible Charge (ORC) and Matthew W. Little as the back-up ORC. The water treatment plant consists of the following units: flash mixer; 2—10,000 gallons each flocculation basins; 2 — 60,000 gallons each filters; 2 —10, 000 gallons each sedimentation basins; 1 — Trac Vac sludge removal system; 1 — 200,00 gallon washwater tank; solids concentrator -clarifier; 1 — 60,000 gallon sludge holding basin; and one truck loading sludge pump station. All plant components were operational. The truck loading station was not in use at the time of inspection. Effluent appeared clear at the discharge point flowing into Taylor's Creek. Sludge is hauled and land applied under Granville Farms Inc. Residuals Land Application Program permit WO0000838. The water treatment staff are field certified for Total Residual Chlorine and pH. Calibration sheets are maintained. Merritech Labs performs Toxicity and Environment 1 analyzes all other parameters. All Chain of Custody sheets are maintained in files. Discharge Monitoring Reports (DMR's) for the period August 2010 through October 2015 were reviewed for compliance with permit limits and monitoring requirements. The following violations were noted: flow was exceeded for July 2011; Total Suspended Solids (TSS) daily maximum permit limit was exceeded January 17, 2012; TSS was not monitored January 31, 2012; daily permit limit was exceeded for Total Residual Chlorine (TRC) on March 06, 2012; daily permit limit was exceeded for TRC on April 03, 2012; a Notice of Deficiency was issued for exceeding monthly TSS for April 30, 2015. Commercial lab results, chain of custody records, and bench sheets were compared with data submitted on the Discharge Monitoring Report (DMR) for October 2015. No discrepancies were noted. Page# Permit NC0002852 Owner -Facility: Franklintonvvrp Inspection Date: 11/17/2015 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable M ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ 0 ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? 0 ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? E ❑ ❑ ❑ Comment Record Keening Yes No NA NE Are records kept and maintained as required by the permit? 0 ❑ ❑ ❑ Is all required information readily available, complete and current? M ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ Is the chain -of -custody complete? 0 ❑ ❑ ❑ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? E ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? E ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24f7 with a certified operator ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? 0 ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? 0 ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Page# 3 Permit NC0002852 Ol r-Facillty: Franitlinton WTP Inspwtlon Date: 11/17/2015 lmpectlon Type: Compliance Evaluation Record Keeoino Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: Effluent Pine Yes No NA NE Is right of way to the outfall properly maintained? M ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ Cl ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Effleunt appeared clear entering Taylor's Creek Chemical Feed Yes No NA NE Is containment adequate? ❑ ❑ ❑ Is storage adequate? ❑ ❑ ❑ Are backup pumps available? 0 ❑ ❑ ❑ Is the site free of excessive leaking? 0 ❑ ❑ ❑ Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Down flow Is the filter media present? 0 ❑ ❑ ❑ Is the filter surface free of clogging? 0 ❑ ❑ ❑ Is the filter free of growth? 0 ❑ ❑ ❑ Is the air scour operational? ❑ ❑ M ❑ Is the scouring acceptable? ❑ ❑ 0 ❑ Is the clear well free of excessive solids and filter media? 0 ❑ ❑ ❑ Comment: Filters are backwashed. De -chlorination Yes No NA NE Type of system ? Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? 0 ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ 0 ❑ # Is de -chlorination substance stored away from chlorine containers? M ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ 0 ❑ Page# 4 Permit: NC0002852 Inspection Date: 11/17/2015 De -chlorination Are tablet de -chlorinators operational? Number of tubes in use? Comment: Standby Power Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Is the generator tested under load? Owner -Facility: Franklinton WrP Inspection Type: Compliance Evaluation Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? Comment: There are two on -site generators Both are operated weekly under load Disinfection -Liquid Is there adequate reserve supply of disinfectant? (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: Yes No NA NE ❑ ❑ M ❑ Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ Page# 5 A3-;W NCDENR North Carolina Department of Environment and Pat McCrory Governor June 11, 2015 Tammy M Ray, Town Manager Town of Franklinton 7 West Mason Street Franklinton, NC 27525-1335 3 111 U ojlvm Natural Resources Subject: NOTICE OF DEFICIENCY NOD-2015-LV-0043 Franklinton WTP Permit No. NC0002852 Franklin County Dear Ms. Ray: Donald R. van der Vaart Secretary A review of the April, 2015 Discharge Monitoring Report (DMR) revealed a violation of the following parameter(s) at Outfall 001: Parameter I Date Reported Value Permit Limit Solids, Total Suspended — 04.30.2015 31.000 mg/I 30.000 mg/I Concentration Remedial actions should be taken to correct the cause(s) of this violation. The violations described above should be abated immediately and properly resolved. Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. If you have any questions or require any additional information, please contact Mitch Hayes at 919.791.4200, mitch. havesca'�.ncdenr.gov Si , ce ely, Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO File Copy DWQ Central Files Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.4arg/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 7914200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 4, 2015 Tammy M Ray, Town Manager Town of Franklinton PO Box 309 Franklinton. NC 27525 Subject: NOTICE OF DEFICIENCY NOD-2015-LV-0043 Franklinton WTP Permit No. NC0002852 Franklin County Dear Ms. Ray: Donald R. van der Vaart Secretary A review of the April, 2015 Discharge Monitoring Report (DMR) revealed a violation of the following parameter(s) at Outfall 001: Parameter Date Reported Value Permit Limit Solids, Total Suspended — 04.30.2015 Concentration 31.000 mg/I 30.000 mg/I Remedial actions should be taken to correct the cause(s) of this violation. The violations described above should be abated immediately and properly resolved. Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. If you have any questions or require any additional information, please contact Mitch Hayes at 919.791.4200, mitch. haves(o)ncdenr.gov 5 cer ly, t � n� Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO File Copy DWQ Central Files Division of Water Resources, Raleigh Regional Office. Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barren Drive. Raleigh, NC 27609 Fax: (919) 788-7159 An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Son WE Wawa, EM NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 4, 2015 Tammy M Ray, Town Manager Town of Franklinton PO Box 309 40 Franklinton, NC 27525 Subject: NOTICE OF DEFICIENCY NOD-2015-LV-0043 Franklinton WTP Permit No. NC0002852 Franklin County Dear Ms. Ray: Donald R. van der Vaart Secretary A review of the April, 2015 Discharge Monitoring Report (DMR) revealed a violation of the following parameter(s) at Outfall 001: Parameter Date Re orted Value Permit Limit Solids, Total Suspended — Concentration 04.30.2015 31.000 mg/I 30.000 mg/1 Remedial actions should be taken to correct the cause(s) of this violation. The violations described above should be abated immediately and properly resolved. Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. J. If you have any questions or require any additional information, please contact Mitch Hayes at 919.791.4200, mitch. havesancdenr.aov S cer ly, Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO File Copy DWQ Central Files Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 7914200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper 0311212015 16:34 ENVIROLINr (FAX) D.0011001 Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 813.0201 Permittee Owner/Officer Name: n 0 7ZAr✓ki%nYb� j ^% �A*e �7 Mailing Address: 7 _C A301 3D' !� i Ij I City: �rge✓lC�a%ar✓ State: N'-zip:.211fm- _� Phone#: 9/9 0 -X.fw L� � Email address: 7/ 'LrA Signatw 82.a, z Date•. ....... ............................. a ................................................................... Facility Name: /or✓^ OT..wriQPermit0h �GOOOZy>tJr1 SUBMIT A SEPARATE FORM FOR EACH TYPE SYSTEM! Facility Tme/Grsde: Biological WWTP Surface Irrigation P11,ysicaVChemical P/G x Land Appiicadon Collection System .................................................................................................................................... ....... Operator in Responsible Charge (ORC) Print Full Name:O,ifG. Certificate Ty Grade JJ N�ummb�e ( e' / / �16 Wor I Phone #: (a JAL% Ar/I- R.e1Ae Z Signature: Y Date: 3/� /z J— T "I cacti}✓ %bat i agree to noy designadon as the Operator in Responsible Charge for the 11N Mty acted. I understand and vAU abide by die rules and regulations pertaining to the respoosibili6as of tha ORC as set forth in I SA NCAC OSG .0204 and failing to do so can malt to Disciplinary .Actions by the Water Pollution Control System Operates Certification Commission." .............................................................................................................................................. Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: M^01 fAAy k11114n0 L'H11- Certificate Type/Grade./ Number: P�L A 31g%6p Work Phone#: (2J"212b.S-AIII Signature: r Date: 3 `I eenity lbat 1 agree to my designation as a Bacieup Operator In Responsible Charge rbr the facility noted. I understand aid 41 abide by the rules and regulations pertalnlug to the respouslbllluea otIDe BU ORC as an forth in 15A NCAC 080 .0203 and fsilingto do so can rvauk la Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ............................................................................................................................................... 116411, jrlx or entail the W PCSOCC, 1619 Mail Service Center, Raleigh, NC 27699-1618 Fast 919.715.2726 -- original to: Email: cettadmima'lnedenneov Mall or jax a ropy to the Asheville Fayetteville Mooresville Raleigh approprlale Regional Ojflce: 2090 U$ Rwy 70 225 Green St 610 6 Cmter Ace 3800 Barrett Dr Swannanoa 28778 Suite 714 Suite 301 Raleigh 27609 Fax: 929,299.7043 Fayetteville 28301-5043 Mooresville 28115 Pax:919E71A7111 Phone: 828.29d.4500 Fax: 910.486.0707 Fax: 704.663,6040 Phone:919.791.4200 Phone: M0.4313300 Phone: 704.663.1699 Washington W min"on Winston-Salem 943 Washington Sq Mall 12 Cardinal Dr S85 Waughttmm St - Washington 27889 W mington 28405.2845 Winston-Salem 27101 Fax: 252.9469215 Fax: 910.350.2004 Fax: 336.771.4631 Phone: 252,946,6461 Phone: 910.794,7215 Phone: 3345.771.5000 Revised 03.2014