NC0089699_Final Permit_20171030

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Gova nor
DONALD R. VAN DER VAART
Sea elmy
S. JAY ZIMMERMAN
Du ecloi
October 30, 2017
Mr. Lance Metzler, County Manger
Rockingham County
371 NC Highway 65
Reidsville, North Carolina 27320
Subject: Final NPDES Permit
Permit NCO089699
Reidsville Energy Center
Rockingham County
Class 1 Facility
Dear Mr. Metzler:
Division personnel have reviewed and approved your application for the subject permit. Accordingly, we
are forwarding the attached NPDES permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the
U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
The permit includes the following modifications to the draft permit in response to the County's comments
received on September 8, 2017:
• The discharge location was corrected on the map.
• The facility address was corrected.
• The sample type for total residual chlorine (TRC) for outfall 001 was changed to grab and the
sample location to effluent since the effluent will be dechlorinated and the TRC limit is a water
quality limit.
• The description of the mixing zone was modified to include the diagonal dimension.
• The County submitted additional information providing a justification for alternative biological
monitoring requirements at the Cooling Water Intake Structure (IWIC) The permit was modified
to allow visual inspections using remote camera observation to collect biological data. In
addition, the requirement to develop an Operations and Maintenance Manual was added to
Special Condition A.(8) as an additional measure to ensure impingement and entrainment control
technologies operate as designed.
• The language in Special condition A.(6) Biocides condition was modified to replace "approved in
conjunction with the permit application" to "approved by the Division at least 90 days before
commencement of discharge".
• The language in Special Condition A. (3) is the standard language for the toxicity tests protocols
as approved by the EPA and will not be modified.
• The Division does not agree to the proposed downstream sampling location as this location will
not capture the temperature of the plume outside of the mixing zone. The Cormix analysis shows
that the plume does not contact the left bank for approximately 463 feet. The plume mixes with
the receiving stream closer to the right bank of the river and doesn't extend too far from this
bank. In order to capture the downstream temperature outside of the mixing zone the sample
needs to be obtained closer to the area outside of the established mixing zone where the plume
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Page 12
mixes with the receiving stream. Rockingham County shall submit a proposed downstream discharge
location to the Division at least 90 days before commencement of the discharge
In addition to the modifications listed above the permit was modified as follows
• The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the NC
Environmental Management Commission (EMC) on November 13, 2014 The US EPA
subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC
Division of Water Resources NPDES Permitting Unit is required to implement the new dissolved
metal standards in all permits public noticed after April 6, 2016.
The freshwater standards for several metals are expressed as the dissolved form of the metals, and
seven metals have hardness -dependent equations. As a result, the NPDES Permitting Unit will need
site-specific effluent hardness data and instream hardness data, upstream of the discharge, for each
facility monitoring these metals in order to calculate permit limitations. Effluent hardness has been
added to this permit at a monitoring frequency of quarterly. See Section A.(1) Effluent Limitations
and Monitoring Requirements.
Upon review of the monitoring frequency requirements for electric generating facilities in 15A
NCAC 2B .0508 the Division became aware that the weekly frequency as year around requirement
was in error The rules indicate 3/week for June, July, August and September and weekly the rest
of the year. Given that the worst case condition for effluent temperature is the winter season the
Division will implement the 3/week frequency for both summer and winter seasons. Alternative
requirements are allowed by the rule to adequately monitor constituents of the waste discharge and
their effects on the receiving water.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable
to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following
receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail
Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be
final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements
to obtain other permits which may be required by the Division of Water Resources or any other Federal,
State, or Local governmental permits that may be required.

Page 13
If you have any questions concerning this permit, please contact Teresa Rodriguez at telephone number
[phone] or at email [e-mail].
Sincerely,
.�c
S. Jay Zimmerman, P.G.
Director, Division of Water Resources, NCDEQ
Hardcopy: NPDES Files
Central Files
DWR/Wmston-Salem Regional Office / Water Quality
Ecopy: DWR/Ecosystems Branch/Bnan Wrenn
USFWS/Sarah McRae
NCWRC/Gabriela Garrison
DWR/Aquatic Toxicology Branch/Susan Meadows

NPDES Permit N00089699
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 provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Rockingham County
is hereby authorized to discharge wastewater from a facility located at
Reidsville Energy Center
4563 NC Highway 65
Reidsville
Rockingham County
to receiving waters designated as the Dan River in the Roanoke River Basin in accordance with effluent limitations,
monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof.
The permit shall become effective December 1, 2017.
This permit and the authorization to discharge shall expire at midnight on November 30, 2022.
Signed this day October 30, 2017.
'�� q -
I'm
Pay Zimmerman, P.G.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 10

SUPPLEMENT TO PERMIT COVER SHEET
Rockingham County
is hereby authorized to:
NPDES Permit N00089699
1. Discharge cooling tower blowdown and low volume waste (Internal Outfall 002) through outfall 001;
2. Discharge low volume wastes through internal outfall 002; and
3. Discharge from said outfall into Dan River, a Class WS -1V water in the Roanoke River Basin, at the
locations specified on the attached map.
Page 2 of 10

NPDES Permit N00089699
PART
A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 001)
[15A NCAC 02B .0400 et seq , 02B 0500 et seq ]
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge cooling
tower blowdown and low volume wastes (internal outfall 002) from outfall 001. Such discharges shall be hunted and
monitored by the Perrnittee as specified below.
Effluent Characteristics
Effluent Limitations
Monitoring Requirements
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample
Location'
Flown
Continuous
Recorder
Effluent
Temperature
Continuous
Recorder
Effluent
Free Available Chlorine'
0 2 mg/1
0.5 mg/1
Quarterly
See Note 5
See Note 5
Total Residual Chlorine
28 µg/1
Quarterly
Grab
Effluent
Time of TRC4 (mm/day/unit)
120 0 nun
Quarterly
Calculations
Effluent
Total Chromium'
0 2 mg/l
0 2 mg/1
Quarterly
Composite
Effluent
Total Zinc'
10 mg/l
1.0 mg/l
Quarterly
Composite
Effluent
Total Suspended Solids
30 mg/1
45 mg/l
Weekly
Composite
Effluent
pH
6 to 9 S U
Weekly
Grab
Effluent
Turbidity
Quarterly
Grab
Effluent
Total Copper
Quarterly
Composite
Effluent
Total Dissolved Solids
Quarterly
Composite
Effluent
Hardness'
Quarterly
Composite
Effluent
The 126 Priority Pollutants'
Annually
Composite
Effluent
Temperature3
3/Week
Grab
Upstream
Downstream
Temperature increase
3/Week
Calculation
Upstream
Downstream
Notes
1 Upstream at Sims Bridge Downstream at least 20 feet downstream of the discharge The pernuttee shall submit a
proposed downstream discharge location to the Division at least 90 days before commencement of the discharge. In
accordance with North Carolina State Regulations 15A NCAC 2B 0500 (c)(4), receiving -stream monitoring and
sample collecting may be discontinued when flow conditions or extreme weather conditions could result in injury or
death of the person(s) collecting the samples In such cases written justification for the discontinuance shall be
recorded on the day sampling is discontinued, and the reasons specified in that month's monitoring report. This
provision shall also apply to influent and effluent sampling
2 Discharge of blowdown from the cooling system shall be limited to the minimum discharge of recirculating water
necessary for the purpose of discharging materials contained in the water, the further built-up of which would cause
concentrations in amounts exceeding limitations established by best engineering practices.
3 Temperature in the receiving stream outside of the nixing zone shall not be increased more than 2 8°C above
background and in no case exceed 32°C The temperature increase is defined as the difference in temperature between
the upstream and downstream sampling locations See Special Condition A. (4) Temperature Mixing Zone
4 Neither free available chlorine nor total residual chlorine may be discharged from any unit for more than two hours in
any one day and not more than one unit in any plant may discharge free available or total residual chlorine at any one
time unless the utility can demonstrate to the Director that the units in question cannot operate at or below this level of
chlorination
Page 3 of 10

NPDES Permit NCO089699
Samples shall be multiple grabs collected at the approximate beginning of the free available chlorine discharge and
once every 15 minutes thereafter until the end of the free available chlorine discharge For the purpose of this permit,
daily average (as it relates to the chlorination period) shall mean the average over any free available chlorine
discharge period
Effluent hardness sampling should be performed in conjunction with testing for copper
These limitations and monitoring requirements apply only if these materials are added for cooling tower maintenance
by the permittee There shall be no discharge of detectable amounts of the 126 priority pollutants (40 CFR 423
Appendix A) contained in chenucals added for cooling tower maintenance except for Total Chromium and Total Zinc
Compliance with the limitations for the 126 pollutants may be determined by engineering calculations which
demonstrate that the regulated pollutants are not detectable in the discharge by the analytical methods in 40 CFR 136
There shall be no discharge of floating solids or visible foam in other than trace amounts
A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Internal OUTFALL 002)
[15A NCAC 02B 0400 et seq., 02B .0500 et seq.]
Beginning on the effective date of this permit and lasting until expiration, the Pernuttee is authorized to discharge low volume
wastes from internal outfall 002 Such discharges shall be limited and monitored by the Permittee as specified below -
Effluent Characteristics
Effluent Limitations
Monitoring Requirements
Monthly
Average
Daily Maximum
Measurement
Frequency
Sample Type
Sample
Location'
Total Suspended Solids
30 mg/l
100 mg/1
Quarterly
Grab
Effluent
Oil & Grease
15 mg/l
20 mg/1 4
Quarterly
Grab
Effluent
1. Effluent prior to mixing with any other waste stream
A (3). CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) [15A NCAC 02B .0200 et seq ]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia
dubia at an effluent concentration of 16.1%
The permit holder shall perform at a mimmum, quarterly monitoring using test procedures outlined in the "North Carolina
Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina
Phase II Chrome Whole Effluent Toxicity Test Procedure" (Revised- December 20 10) or subsequent versions The tests will be
performed during the months of January, April, July and October These months signify the first month of each three-
month toxicity testing quarter assigned to the facility Effluent sampling for this testing must be obtained during
representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,
then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described
in "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent
versions.
All toxicity testing results required as part of tius permit condition will be entered on the Effluent Discharge Monitoring Form
(MR -1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B
for the Chronic Value. Additionally, DWR Form AT -3 (original) is to be sent to the following address
Page 4 of 10

NPDES Permit NCO089699
Attention North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of
the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response
data, and be certified by laboratory supervisor and ORC or approved designate signature Total residual chlorine of the
effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee
will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit
number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the
form The report shall be submitted to the Water Sciences Section at the address cited above
Should the permittee fail to momtor during a month in which toxicity monitoring is required, monitoring will be required
during the following month Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three
month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues
until the final day of the third month
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources
indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring
requirements or limits
NOTE. Failure to achieve test conditions as specified in the cited document, such as muumum 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. (4) TEMPERATURE MIXING ZONE [15A NCAC 02B 0200 et seq ]
a) The temperature mixing zone is defined as an area encompassing 8 square meters (85 square feet) downstream of the
discharge, extending 2 meters parallel to the bank, 4 meters perpendicular to the point of discharge and 4 5 meters diagonally.
b) The temperature standard of 32°C (89 6°F) and the maximum temperature increase above natural temperature of 2 8°C
(5.04°F) shall be met at the end of the mixing zone. The natural water temperature shall be the temperature measured at the
upstream sampling location The increase in temperature is defined as the difference in temperature between the upstream and
downstream sampling locations
c) Instream monitoring for temperature shall be performed during tunes of full loading whenever possible The results of all
temperature monitoring shall be reported in the monthly DMRs
A. (5) POLLUTANT ANALYSIS [G S 143-215 1(b)]
No later than one year after the commencement of the discharge the permittee shall submit Items V and VI of Form 2C for
Outfall 001.
A. (6) BIOCIDES [G.S 143-215, 143-215.1]
The permittee shall not use any biocides except those approved by the Division at least 90 days before commencement of
discharge The permittee shall notify the Director in writing not later than mnety (90) days prior to instituting use of any
additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division
of Water Resources Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge
point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity
testing Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent
toxicity.
Page 5 of 10

NPDES Permit N00089699
A. (7) CLEAN WATER ACT SECTION 316 (b) [G S 143-215 1(b)]
a) The permittee shall comply with Track I requirements for facilities withdrawing greater than 2 MGD and less than 10 MGD
and all applicable provisions of the Cooling Water Intake Structure (CWIS) Rule per 40 CFR 125 84.
b) Definitions:
Annual Mean Flow means the average of daily flows over a calendar year
Closed -cycle recirculating system means a system designed, using minimized makeup and blowdown flows, to withdraw
water from a natural or other water source to support contact and/or non contact cooling uses with a facility The water is
usually sent to a cooling canal or channel, lake, pond or tower to allow waste heat to be dissipated to the atmosphere and then
is returned to the system New source water (make-up water) is added to the system to replenish the losses that have occur due
to blowdown, drift, and evaporation.
Cooling Water means water used for contact or noncontact cooling, including water used for equipment cooling, evaporative
cooling tower makeup, and dilution of effluent heat content The intended use of the cooling water is to absorb waste heat
refected from the process or processes used, or from auxiliary operations on the facility's premises.
Cooling Water Intake Structure (CWIS) means the total physical structure and any associated constructed waterways used
to withdraw cooling water from waters of the U S The cooling water intake structure extends from the point the water is
withdrawn from the surface water up to, and including, the intake pumps.
Design Intake Flow means the value assigned (during the facility design) to the total volume of water withdrawn from a
source water body over a specific time period.
Design Intake Velocity means the value assigned (during the design of a CWIS) to the average speed at which intake water
passes through the open area of the intake screen (or other device) against which organisms might be impinged or through
which they might be entrained.
Entrainment means the incorporation of all life stages of fish and shellfish with intake water flow and passing through a
CWIS and into a cooling water system
Impingement means the entrapment of all life stages of fish and shellfish on the outer parts of an intake structure or against a
screening device during periods of intake water withdrawal.
A. (8) MONITORING, RECORDKEEPING AND REPORTING (COOLING WATER INTAKE) [G S 143-215 1(b)]
a) Biological monitoring
The permittee shall perform monitoring for both impingement and entramment of the commercial, recreational, and forage base
fish species identified in the Source Water Baseline Biological Characterization submitted with the permit application.
1 Impingement Sampling The permittee shall collect samples to monitor impingement rates (simple enumeration) for
each species once per month when the cooling water intake is in operation. The sample shall be collected over a 24-
hour pend
11 Entramment Sampling: The permittee shall collect bi-weekly samples to monitor entrainment rates (simple
enumeration) for each species. The samples shall be collected over a 24-hour period during the primary period of
reproduction, larval recruitment, and peak abundance identified during the Source Water Baseline Biological
Characterization Samples shall be collected when the cooling water intake structure 1s in operation
In lieu of the sampling requirements 1n A (8) (a) 1 and 11 the permittee can use remote visual monitoring devices to perform
biological monitoring The visual inspection shall occur when the CWIS 1s in operation and the observations reported to the
Division in the annual status report required in A (8)(e) The Division will evaluate the effectiveness of the visual monitoring
after one year of data 1s collected The permit may be reopened and conditions modified based on this evaluation
Page 6 of 10

NPDES Permit N00089699
b) Velocity Monitoring
The permittee shall monitor head loss across the intake screen and correlate the measured value with the design intake velocity
The head loss across the intake screen must be measured at the minimum ambient source water surface elevation Head loss
shall be monitored monthly The maximum head loss across the intake screen must be used to determine compliance with the
maximum through -screen design intake velocity requirement of 0.5 feet per second.
c) Visual Inspections
The permittee shall conduct visual inspections or employ remote monitoring devices to ensure proper operation of the CWIS
during the period the CWIS is in operation If visual inspection are performed they shall be conducted once a week
d) Recordkeepmg
The permittee must keep records of all the data used to complete the permit application and show compliance with the
requirements, any supplemental information developed under 40 CFR Section 125 86, and any compliance monitoring data
submitted under A (7), for a period of at least three years from the date of permit issuance
e) Reporting
The permittee shall submit an annual status report to the Division The report shall include biological monitoring results,
velocity head loss monitoring records, and records of visual or remote inspections The report shall be sent to the following
address:
DWR/DEQ
NPDES Complex Permitting Branch
1617 Mail Service Center
Raleigh, North Carolina
f) The permittee shall develop an Operations and Maintenance (O & M) Manual for the CWIS The O & M Manual shall
include, at a minimum, operating procedures, preventive maintenance schedules and procedures, description of mitigation
protocols and practices to unplement should a water withdrawal event occur while an I&E technology or measure is off-line,
monitoring and sampling protocols, and documentation and recordkeeping procedures
g) The permittee may request a reduction in the monitoring frequencies specified in A(8) a) through c) above after two years
of data has been collected
A. (9) ENDANGERED SPECIES [G S 143-215 1(b)]
Nothing in this permit authorizes take for the purpose of a facility's compliance with the Endangered Species Act
A. (10) 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 wmthmn 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 Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application
Page 7 of 10

NPDES Permit N00089699
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
mailmg 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)]
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic
submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be
available as well Information on EPA's NPDES Electronic Reporting Rule is found at:
https //www federalre aster gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimmation-s s
nodes -electronic -ren ortme-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above
3. How to Request a Waiver from Electronic ReportinE
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
Page 8 of 10

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NPDES Permit NCO089699
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-resource$/edmr
4. Sianatory Reuuirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I I.)(a) or
by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position,
must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login
credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR
and obtaining an eDMR user account, please visit the following web page:
httn:Hdeu.nc. eov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I cert, 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. (0.)]
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].
Page 9 of 10

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events These samples shall be
representative of the wastewater discharged during the sample period
3/Week
Samples are collected three tines 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 DU
The period from midnight of one day until midnight of the next day However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling
Calendar Week
The period from Sunday through the following Saturday
Calendar Quarter
One of the following distinct periods January through March, April through June, July through September, and
October through December
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically Composite
samples may be obtained by the following methods
(1) Continuous a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant tune interval. Use of this method requires prior approval by the Director This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours, there must be a minimum of four samples during a 24-hour sampling
period
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent tunes 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 Maxi num
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 mstream
samples)
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authonty
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
perinit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges
Section B. General Conditions
1 Duty to Comply
The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action, for permit termination, revocation and reissuance, or
modification, or denial of a permit renewal application [40 CFR 122 41]
a The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR
122 41(a)(2)]
c The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122 41(a)(2)]
d Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or unprisonment of not more than 6 years, or both
[33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)]
e Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby, places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both An organization, as defined in section 309(c)(3)(B)(mtr) of the CWA, shall, upon conviction of violating
the immment danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act,, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122 41(a)(3)]
2 Duly to Mitigate
The Perimttee 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 II.C.4), "Upsets" (Part II C 5) and "Power Failures"
(Part H C 7), nothing in this permit shall be construed to relieve the Permuttee 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 cont ey 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 lows or regulations [40 CFR 122 41(g)]
6. Onshore or Offshore Construction I
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters
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7 Severability
The provisions of this permit are severable If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held mvand, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23]
8 Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Penmt Issuing Authority may request to deterrmne whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this perrmt The Pernuttee 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 perimssion 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 Pernuttee 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 mayor capital investment
recommendations, and initiating and directing other comprehensive measures to assure long terin
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements, and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures
(2) For a partnership or sole proprietorship by a general partner or the proprietor, respectively, or
(3) For a municipality, State, Federal, or other public agency- by either a principal executive officer or
ranking elected official [40 CFR 122 22]
b All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a above or by a duly authorized representative of that person A
person is a duly authorized representative only if
(1) The authorization is made in writing by a person described above,
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company (A duly authorized representative may thus be
either a named individual or any individual occupying a named position ), and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122 22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122 22]
d. Certification. Any person signing a document under paragraphs a. or b of this section shall make the following
certification [40 CFR 122 22] NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED.
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 qual f ed 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 sign f cant 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(Q
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 Comnussion
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC)
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following.
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade, or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G 0204
The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must•
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G 0204.
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 mstall and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the penult [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 Bypassmg 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 subrmt 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 Issumg 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 penods 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 penods of
equipment downtime or preventive maintenance, and
(C) The Permittee submitted notices as required under Paragraph b of this section
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c
(1) of this section.
5 Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)1: 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 11 E.6.(b) of this permit
(4) The Permittee complied with any remedial measures required under Part II B 2 of this permit
c Burden of proof [40 CFR 122 41(n)(4)] The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding
Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215 1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge, 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent
Section D. Monitoring and Records
Representative Samplin
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122 410)]
2 Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4 Test Procedures
Laboratories used for sample analysis must be certified by the Division Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http //portal.ncdenr org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215 63 et. seq ), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136, or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122 41]
To meet the intent of the monitoring required by this permit, all test procedures must produce mmmmum 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 determmed
capable of achieving minimum detection and reporting levels below pen -nit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders maccurate, 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 commnmtted 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 Permmttee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including.
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this pen -nit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application This period may be extended by request of the Director at any time [40 CFR
122 41 ]
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7 Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122 41]
a The date, exact place, and time of sampling or measurements,
b The individual(s) who performed the sampling or measurements,
c. The date(s) analyses were performed;
d. The mdividual(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 tunes, 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 perrmt;
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(1)]
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 cntena 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 6 1 ] or state statute
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5 Momtonng Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122 41(1)(4)]
a Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part Il D 2) or fonns
provided by the Director for reporting results of monitoring of sludge use or disposal practices
b If the Penmttee 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(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 [phone], [phone] or [phone]
7 Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part It E 5 and 6 of this permit at the
time monitoring reports are submitted The reports shall contain the information listed in Part II E 6 of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122 41(1)(8)]
9. Noncompliance Notification
The Penruttee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following
a Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester, the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances
b Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc
c Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence Also see reporting requirements for municipalities in Part IV.0 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
of the Division As required by the Act, effluent data shall not be considered confidential Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act
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11 Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122 41]
12 Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215 1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and mules 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 Marl Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC penrut requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215 1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
detenrune the compliance of this NPDES permitted facility with the current groundwater standards
Section C. Changes in Discharges of Toxic Substances
The Pernuttee 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 acrolem and acrylomtnle, five hundred micrograms per liter
(500 gg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol, and one rmllhgram per liter (1 mg/L) for
antimony,
(3) Five times the maximum concentration value reported for that pollutant in the permit application
b That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels",
(1) Five hundred micrograms per liter (500 µg/L),
(2) One milligram per liter (1 mg/L) for antimony,
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State This permit cannot be rescinded while any activities requiring this perrmt continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities.
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403 3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes, operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits [15A NCAC 02H
0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit [15A NCAC 02H 0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local -government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
0402, only if it conveys wastewater to a POTW treatment plant The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges This second type of
POTW maybe referred to as a "satellite POTW organization " [15A NCAC 02H 0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]
1 Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters), or
2 Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia, or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471, or
4 Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to lurut the POTW's sludge disposal options,
5 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU), or
6 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403 3(v)(2) and thus is a
non-significant categorical Industrial User
Section B. Publicly Owned Treatment Works (POTWs)
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)].
1 Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2 Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW
Section C. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards
Prohibited Discharges
a The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H 0900 and 40 CFR 403 [40
CFR 403 5(a)(1)]
b The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403 5(b)]
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 26121,
(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
The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances The written submission shall contain a description of the discharge, the
investigation into possible sources, the period of the discharge, including exact dates and times, if the
discharge has not ceased, the anticipated time it is expected to continue, and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3 With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H 0907(a) and (b) [40 CFR 122 440(2)]
5 This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215 3(14) and implementing regulations 15A NCAC 02H 0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H 0903 and 40 CFR 403.3
1 Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), 0905 and 0906(b)(1), 40 CFR 403.8(f)(1) and 403 9(b)(1) and (2)]
2 Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403 8(f)(2)(i-iii) and 15A NCAC 02H 0905 [also 40 CFR 122 440(1)],
including identification of all Industrial Users that may have an unpact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c of this Part [15A NCAC 02H 0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403 8(f)(2) and 403 9]
3 Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II D and II E.5 ) [15A
NCAC 02H 0903(b)(16), 0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122 44]. The Pemmmttee 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 lints are
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enforceable Pretreatment Standards as defined by 40 CFR 403 3(1) [15A NCAC 02H 0903(b)(10), 0905, and
0906(b)(4)]
Industrial User Pretreatment Permits (IUP) & Allocation Tables
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)(111);
NCGS 143-215 67(a)]
Authorization to Construct WC)
The Perrmttee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations [15A NCAC 02H 0906(b)(7) and 0905, NCGS 143-
215.1(a)(8)]
7 POTW Inspection & Monitoring of their IUs
The Pernuttee 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-linuted
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)(111), 40 CFR
122 440(2) and 40 CFR 403 12]
9 Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et seq ), prohibitive discharge standards
as set forth in 40 CFR 403 5 and 15A NCAC 02H 0909, specific local limitations, and other pretreatment
requirements All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division [15A NCAC 02H 0903(b)(7), 0906(b)(8) and 0905, 40 CFR 403 8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H 0908 In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H 0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address
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NC DENR / Division of Water -Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following
a Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements,
b Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division,
c Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs) These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division,
e Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit,
11 Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permmttee'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)(vrn)]
12. Record Keeping
The Permittee shall retain for a nu mmum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H 0908(f). [15A
NCAC 02H .0908(f), 40 CFR 403.12(0)]
13. Pretreatment Program Resources
The Pemmrttee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a wntten 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 Industnal' Users (SIUs), and Monitoring Plan modifications, shall be considered a
pen -nit modification and shall be governed by 40 CFR 403 18, 15 NCAC 02H 0114 and 15A NCAC 02H 0907.
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