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HomeMy WebLinkAboutNC0007064_Issuance of Permit_20180406 ;_ ROY COOPER is-'. Governor MICHAEL S. REGAN Secretary Water Resources LINDA CULPEPPER Environmental Quality Interim Director April 6, 2018 Mr. Karl Moser Plant Manager Brunswick Steam Electric Plant P.O. Box 10429 Southport,North Carolina 28461 Subject: Issuance of NPDES Permit Permit NC0007064 Brunswick Steam Electric Plant Brunswick County Facility Class I SIC Code 4911 Dear Mr. Moser: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following changes were made to the draft permit sent to you on February 20,2018: • Language for Fine Mesh Screens has been restored to Section A. (1) Effluent Limitations and Monitoring Requirements for Outfall 001. • Descriptive narrative has been revised for internal Outfalls 005 and 011 since the cooling tower blowdown was already installed [See A. (4) and A. (7)]. Please review carefully. • Reference for Special Condition A. (15) Radioactive Material was revised from "McGuire Nuclear Station"to "Brunswick Steam Electric Plant". • Limits for TSS and Oil and Grease for internal Outfalls 005 and 006 were mistyped in the draft permit, and corrections have been made [See A. (4) and A. (5)]. Since there is no proposed change for these limits from last permit,no public notice is required. The final permit maintains the following significant changes identified in the letter sent on February 20, 2018: 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 • Flow limits for Outfall 010 has been increased from 0.036 MGD to 0.150 MGD to accommodate consolidation of the two existing sanitary plants into one new larger sanitary plant as requested by the Permittee [See A. (6)]. • Special Condition A. (9) 316 (b) Requirements has been revised. • Special Condition A. (10)Biocides has been added to the permit.Please review it carefully. • Special Condition A. (11) Chemical Metal Cleaning Wastes has been added to the permit. Please review it carefully. • Special Condition A. (12) Combined Waste Streams has been added to the permit. Please review it carefully. • Special Condition A. (13) Federal Insecticide, Fungicide, and Rodenticide Act has been added to the permit. Please review it carefully. • Special Condition A. (14) Polychlorinated Biphenyl Compounds has been added to the permit, accordingly the language for polychlorinated biphenyl compounds in Section A. (1) Effluent Limitations and Monitoring Requirements (Outfall 001) has been removed. • One effluent sample reported for mercury was less than detection, at a detection level of less than 0.2 µg/L. In accordance with the implementation of 2012 Statewide Mercury TMDL, future sampling for mercury should employ EPA method 1631E and analyze mercury down to the lower reporting level of 1 ng/L. No limits or additional monitoring requirements for mercury were added to the permit at this time. • Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The requirement to continue reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application has been updated in the permit. [See Special Condition A. (16)] • Regulatory citations have been added to the permit. 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 Bing Bai at (919) 807-6389 or via email at Bing.Bai@ncdenr.gov. Sincerely, s itrit' Linda Culpepper Interim Director, Division of Water Resources,NCDEQ Hardcopy: NPDES Files Central Files DWR/Asheville Regional Office/Water Quality Ecopy: US EPA Region 4 DWR/Aquatic Toxicology Branch/Susan Meadows DWR/Operator Certification Program/Maureen Kinney Permit NC0007064 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Duke Energy Progress, LLC is hereby authorized to discharge wastewater from a facility located at the Brunswick Steam Electric Plant NC Highway 87 Southport, North Carolina Brunswick County to receiving waters designated as the Atlantic Ocean below the Cape Fear River Basin in accordance with effluent limitations,momtormg requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective May 1, 2018 This permit and authorization to discharge shall expire at midnight on November 30,2022. Signed this day April 6, 2018. / CC) -07i nda Culpepper,Interim Director ivision of Water Resources By Authority of the Environmental Management Commission Permit NC0007064 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore,the exclusive authority to operate and discharge from this facility anses under the permit conditions,requirements,terms, and provisions included herein. Duke Energy Progress,LLC is hereby authorized to: 1. To continue operating a 1,900 MGD coolmg water system consisting of an intake structure, 9.6 miles of intake and effluent channel connected via internal Outfall 001, circulation pumps, siphons under the Intra- coastal waterway, a discharge pump station at Oak Island, and final discharge conduits terminating 2,000 feet off shore; all necessary appurtenances to withdraw cooling water from the Cape Fear River near Snow Marsh, and thereby to discharge cooling water into the Atlantic Ocean; and 2. to continue operatmg and discharging via internal Outfall 004(see attached map),a 0.055 MGD domestic wastewater treatment plant(WWTP)consisting of influent pumps,bar screen, effluent flow v-notch weir measuring device, aeration tank, secondary clarifier and chlorination chamber; and 3. to continue discharging via internal Outfall 010 (see attached map), and continue operating a 0.150 MGD Support Services domestic WWTP consisting of an influent duplex pump station,manually cleaned bar screen, flow EQ basin, flow splitter box,two(2) aeration basins,two (2) clarifiers,two (2)tertiary filters, aerobic sludge digester with airlift sludge pump,baffled chlorine contact chamber with one(1)tablet chlorinator, and an effluent flow v-notch weir measuring device, and 4. to continue to discharge treated metal cleaning wastes (Outfall 006), extracted groundwater,treated low- volume wastes and stormwater(Outfall 005)to the Intake Canal; and 5. to continue operating a diversion fence located at the mouth of the intake canal; and 6. to continue operating fine-mesh screens at intake pump bays; and 7 to continue to operate an intake pump system to minimize intake flow rate; and 8. to discharge treated low-volume waste, stormwater and extracted groundwater from Outfall 011 to the Effluent Channel, and 9. to discharge extracted groundwater and seepage water from Storm Drain Stabilization Pond from Outfall 012 to the Effluent Channel, and 10. to discharge stormwater,wastewater, extracted groundwater, and cooling water via internal outfalls from said treatment works,Intake Canal, and Effluent Channel into the Atlantic Ocean, Class SB waters; located at the Brunswick Steam Electric Plant on NC Highway 87 m Southport,Brunswick County. Page 2 of 12 Permit NC0007064 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Outfall 001] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge once-through cooling and non-contact service water through Outfall 001. Such discharges shall be limited and momtoredl by the Permittee as specified below. Discharge Limitations Monitoring Requirements Parameter Measurement Sample Sample Daily Maximum Frequency Type Location 2 Cooling Water Flow Pump Logs/ 34 1,844 cubic feet per second Continuous Recording 1 —March 31 Cooling Water Flow PumpLogs/ 2,210 cubic feet per second 3'4 Continuous April 1 —June 30 Recording Cooling Water Flow Pump Logs/ 34 2,335 cubic feet per second ' Continuous Recording 1 —September 30 Cooling Water Flow Pump Logs/ 2,210 cubic feet per second 3'4 Continuous Recording October 1 —November 30 pH Between 6.0 and 9.0 Standard Units Weekly Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. 2. Unless otherwise specified, the Permittee shall sample the combined effluent from both units. During periods of outages the Permittee may maintain minimum unit flows required for the safe and efficient operation&maintenance of plant systems. 3. At times when the system demand is within 200 MW of available system reserves, the Permittee may suspend flow limitations upon notice to the Regional Supervisor.Notice shall include anticipated flow rates and an estimate of the duration of flow rates in excess of those otherwise allowed. 4. The Daily Maximum flow limit is suspended for twenty-four hours after changing once-though cooling water valve/pump configuration. DIVERSION FENCE—A diversion fence located at the mouth of the intake canal shall be continuously operated and maintained in such a manner as to minimize impingement. A biological momtonng program shall be continued which will provide sufficient information to allow for a continuing assessment of the impact of the Brunswick Steam Electnc Plant on the Cape Fear estuary,with particular emphasis on the marine fisheries. Data shall be reported annually and shall include an interpretive summary report assessing the effectiveness of the diversion fence, and the effectiveness of flow minimization and fine mesh screens to curtail organism impingement and entrainment. The Director shall approve any mayor changes in the biological monitoring program. FINE MESH SCREENS—The plant shall contmue to operate 42 fine mesh screen panels for each of the 4 Circulating Water Intake Pumps(CWIPs) for each unit and eight(8) coarse mesh screen panels for each of the 4 CW1Ps for each unit for a total of 50 screen panels for each CWIP per unit. Page 3 of 12 Permit NC0007064 If the CWIPs are in jeopardy of tripping as a result of high differential pressure across the traveling screens,the fine mesh screens may be temporarily removed to prevent or mitigate unplanned decreases in power or plant trips The fine mesh screens will be reinstalled when conditions permit the CWIPs to sustain continuous operation. Should flow through a traveling screen with more than eight(8) coarse mesh panels be necessary for any reason the Permittee shall provide explanation in the monthly report stating the cause(s), duration and corrective action(s)taken by the plant. CHLORINE—There shall be no discharge of Total Residual Chlorine(total residual oxidants) at the ocean outfall. Total Residual Chlorine or total residual oxidants are to be measured monthly at the Caswell Beach Pump Station by a grab sample. TEMPERATURE—Cooling-water system facilities shall be effectively maintained and operated so as to meet the temperature standards assigned to the Atlantic Ocean: 0.8°C (1.44°F)increase above ambient water temperature during the months June through August; 2.2°C (3.96°F)increase above ambient water temperature during the months September through May In no case should the temperature exceed 32°C (89.6°F) due to the discharge of heated liquid measured three(3) feet below the water surface except within the following defined mixing zones: (a). The temperature increase above ambient water temperature shall not exceed 7°F outside an area of 120 acres included within the plume extending from the point of discharge. (b). The temperature increase above ambient water temperature shall not exceed 0.8°C (1.44°F) increase above ambient water temperature during the months of June through August; 2.2°C (3.96°F) increase above ambient water temperature during the months of September through May In no case should the temperature exceed 32°C (89 6°F) outside an area of 2000 acres. (c). The temperature increase above ambient water temperature at the bottom (defined as one foot above the ocean floor) shall not exceed 7°F for more than 1000 feet from the point of discharge, nor for an area of more than four(4) acres. Temperature monitoring at the ocean discharge shall be conducted semiannually, once during the months of April - November and once during the months of December - March. Reactor power levels should be at least 85% for each unit on the date of monitoring. If it is determined by this Division that the water quality standards or conditions of this permit are being violated or being threatened (within 90% of the limitations or standards), additional monitoring may be required. Temperature shall be monitored within a 2320-acre rectangular mixing zone defined by two (2) sampling grids, one near the ocean surface (three feet below the water surface) and the second near the bottom (one foot above the ocean floor). Temperatures shall be recorded at locations sufficient in number to establish compliance with Water Quality Standards. The Permittee shall likewise establish and report ambient temperatures beyond each grid by averaging four(4) temperature measurements -- each measurement to be taken approximately 1500 feet beyond a different mixing-zone corner on a baring approximately 135°relative to each sampling grid except for the corners closest to the shoreline which are to be taken 1500 feet from the grid parallel to the shoreline. Discharge at the ocean outfall shall contain no floating solids or visible foam in other than trace amounts. Page 4 of 12 Permit NC0007064 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 003] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authonzed to discharge Radwaste Treatment System effluent through Outfall 003. Such discharges shall be limited and monitored' by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Monthly Daily Measurement Z Average Maximum Frequency Sample Type Sample Location Flow Annually Instantaneous Influent or Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Annually Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Annually Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. 2. To determine permit compliance,the Permittee shall collect samples of Radwaste Treatment discharge prior to mixing with other sources of wastewater. A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 004] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge treated domestic wastes from the onsite Wastewater Treatment Plant through Outfall 004. Such discharges shall be limited and monitored'by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Monthly Daily Measurement 2 Average Maximum Frequency Sample Type Sample Location Flow 0.055 MGD Monthly Instantaneous Influent or Effluent BOD, 5-Day,20 °C 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Notes: 1. The permittee shall submit discharge momtoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. 2. To determine permit compliance, the Permittee shall sample plant effluent prior to mixing with other waste streams. Explanation: MGD = million gallons per day BOD = biochemical oxygen demand Page 5 of 12 Permit NC0007064 A. (4) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 005] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge extracted groundwater, stormwater,metal cleaning wastes, low-volume wastes, and coolmg tower blowdown through Outfall 005. Such discharges shall be limited and monitored)by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Monthly Daily Measurement Sample Average Maximum Frequency Sample Type Location Flow Once per discharge event Instantaneous Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Once per discharge event Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Once per discharge event Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system[see A. (16)]. A. (5) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 006] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge Metal Cleaning Wastes through Outfall 006. Such discharges shall be limited and monitored) by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Monthly Daily Measurement Sample Average Maximum Frequency Sample Type Location Total Suspended Solids 30.0 mg/L 100.0 mg/L Episodic Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Episodic Grab Effluent Total Copper 1.0 mg/L 1.0 mg/L Episodic Grab Effluent Total Iron 1.0 mg/L 1.0 mg/L Episodic Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system[see A. (16)]. Page 6 of 12 Permit NC0007064 A. (6) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 010] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge treated domestic wastes from the onsite Support Facilities Wastewater Treatment Plant through Outfall 010. Such discharges shall be limited and momtoredl by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Monthly Daily Measurement Z Average Maximum Frequency Sample Type Sample Location Flow 0.150 MGD Monthly Instantaneous Influent or Effluent BOD, 5-Day,20 °C 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. 2. To determine permit compliance, the Permittee shall sample plant effluent prior to mixing with other waste streams. A. (7) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 011] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge extracted groundwater, stormwater,metal cleaning wastes, low-volume wastes, and cooling tower blowdown through Outfall 011. Such discharges shall be limited and monitored'by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Monthly Daily Measurement Sample Average Maximum Frequency Sample Type Location • Flow Once per discharge event Instantaneous Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Once per discharge event Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Once per discharge event Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. Page 7 of 12 Permit NC0007064 A. (8) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 012] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration,the Permittee is authonzed to discharge extracted groundwater and seepage water from Storm Drain Stabilization Pond through Outfall 012. Such discharges shall be limited and monitored) by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Monthly Daily Measurement Sample Average Maximum Frequency Sample Type Location Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Monthly Grab Effluent Notes: 1. The permittee shall submit discharge momtonng reports electronically using the NC DWR's eDMR application system [see A. (16)]. A. (9) 316 (b) REQUIREMENTS The Permittee shall comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95 The Permittee shall submit all the matenals required by the Rule with the next renewal application. Copies of all the study plans, study results, and any other applicable materials should be submitted to: (1) Electronic Version Only(pdf and CD) (2) Electronic Version(pdf and CD) and Hard Copy Division of Water Resources Division of Water Resources WQ Permitting Section—NPDES Water Sciences Section 1617 Mail Service Center 1623 Mail Service Center Raleigh,NC 27699-1617 Raleigh,NC 27699-1623 The Permittee shall continue to properly operate and maintain the CWIS A. (10) BIOCIDES [G.S. 143-215, 143-215.1] The permittee shall not use any biocides except those approved in conjunction with the permit application The permittee shall notify the Director m writing not later than ninety(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 a new biocide into an outfall currently being tested for toxicity. Page 8 of 12 Permit NC0007064 A. (11) CHEMICAL METAL CLEANING WASTES The term"chemical metal cleaning waste"means any wastewater resulting from the cleaning of any metal process equipment with chemical compounds including,but not limited to,boiler tube cleaning. A. (12) COMBINED WASTE STREAMS [40 CFR 432. 12 (b)(13)] In the event that waste streams from various sources are combined for treatment or discharge,the quantity of each pollutant or pollutant property attributable to each controlled waste source shall not exceed the specified limitation for that waste source. A. (13) FEDERAL INSECTICIDE,FUNGICIDE,AND RODENTICIDE ACT Discharge of any product registered under the Federal Insecticide,Fungicide, and Rodenticide Act to any waste stream which may ultimately be released to lakes,ravers, streams,or other wastes of the United States is prohibited unless specifically authorized elsewhere in this permit. This requirement is not applicable to products used for lawn and agricultural purposes. Discharge of chlorine from the use of chlorine gas, sodium hypochlorite,or other similar chlorination compounds for disinfection in plant potable and service water systems and in sewage treatment is authorized. A. (14) POLYCHLORINATED BIPHENYL COMPOUNDS [40 CFR 432. 13 (a)] There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. A. (15) RADIOACTIVE MATERIAL Releases of radioactive material shall be monitored and conducted in accordance with all conditions and limitations required by the Nuclear Regulatory Commission(NRC)and as specified in the Final Safety Analysis Report,Technical Specifications, and Environmental Statement for Brunswick Steam Electric Plant. A. (16) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The fmal NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 Page 9 of 12 Permit NC0007064 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) Internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the Internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by prmtmg, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ/Division of Water Resources/Water Quality Permittmg 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 reportmg requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1,2, 3)or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above See"How to Request a Waiver from Electronic Reporting"section below. Regardless of the submission method,the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21,2020,the permittee must electronically report the following compliance monitoring data and reports,when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act(CWA) Section 316(b)Annual Reports. The permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver from Electronic Reporting"section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9),the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity(EPA or the state authorized by EPA to implement the NPDES program)that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electromc reporting tool for each type of electronic submission and for each state Instructions on how to access and use the appropriate electronic reporting tool will be available as well Information on EPA's NPDES Electronic Reporting Rule is found at: https.//www.federalregister gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimination- system-npdes-electronic-reporting-rule. Page 10 of 12 Permit NC0007064 Electronic submissions must start by the dates listed m the"Reportmg Requirements" section above 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60)days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person descnbed in Part II, Section B. (11.)(a)or by a duly authorized representative of that person as described m Part II, Section B (11.)(b). A person, and not a position,must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account,please visit the following web page: http•//deq.nc gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.)1 The permittee shall retam 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 11 of 12 Permit NC0007064 Electronic submissions must start by the dates listed in the"Reporting Requirements"section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60)days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time,monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a)or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position,must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account,please visit the following web page: -r http q g://de .nc. ov/about/divisions/water eso urces/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 11 of 12 Permit NC0007064 rI �9the{ �+, `r.•• ,. i."/ ,_t:t )i 'gi . Cr �� - ;••.I, ,• �`rw ,� f'`"; !ti``\',"• ..,lifOutL ll} 011.1nd012 '' ' \•,,, . - • (-0-.s. 4;&:. ‘i ( . . . ti4 s • - `, a ,� /4 ,,*4.414\ .ti "�� . ' • � � tea. ` t:IW/ / --, `4..71 .' ,---, ._ . )[ 4"' ; Outfall 010 . :,D .�khi =, ••. f• .... . 1 : r 1 Ill j -- '' ,. -<;.• ' ' Outfall 005 1 ..� __. ,„N--...'=.4. .4} �.�' , _ ' ,,• ,' ! (includes Outfall 006) • .T:. .., „i. ly -,g'ib...\.. 2'0..C,0.rrnhvdlg ) ? .� j '/ -.. ' 1/1)'. ��r/' Sown•• 1, • _ .• - N _-, i1.151•, I . 4”; • 7 �/;�, j1W---- •S r Outfall ) , . .••'\,.; q' ��' �►o�ito 001 •_J• � f. �' fes . �� !r ± y ' • •,.i f f-,-- -'.'- ' • .r Outfall 001 �~ < i �; ! ` itt �:: -� . ...- \ — �. Outfall 004 _. ••__ .mit P-4c-,,, t ,rafter _ l/ `jl• 7 {/fes+�y IAl{'�`y '{' . Sil ti f & -U ` it fes}+ - Pdrlt . t 1ir . . 111///111 MAIL • ••••••-•••. f r. -� P I .- _ • _-_ Y / • ' \ • • • _ ; , ,.? r; . . . • ` • •. lr lipp- ftlJk iis / r' 1+ .: err 1 O r, •-,----,-..„; iS - 1. �, ; • - poi26 '<- r .---'''' 11110 , I, 1.\ — jf ('' ) ( •\,- w Brunswick Steam Electric Plant Facility Location USGS Quad Name: L26 NE/Southport NC Lat.: 33°53' 31" Receiving Stream: Atlantic Ocean Long.: 78°03'22" - - • Stream Class. SB North Brunswick County Subbasin: Cape Fear-03-06-17 NC0007064 NPDES Permit Standard Conditions • Page 1 of 18 , PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act(CWA),as amended,33 USC 1251,et seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year In the case of fecal conform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day.However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods- January through March,April through June,July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval between grab samples, etc)on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume. a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11/09/20112 NPDES Permit Standard Conditions . Page 2 of 18 (4) Constant time/constant volume. a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director.This method may only be used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply. D Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters D Influent samples shall not be collected more than once per hour. D Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period > Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours,there must be a minimum of four samples during a 24-hour sampling period Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the "daily discharge" is calculated as the total mass of the pollutant discharged over the day For pollutants expressed in other units of measurement,the "daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2, see also "Composite Sample,"above.) Daily Maximum The highest"daily discharge"during the calendar month Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling.If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s) DWR or"the Division" The Division of Water Resources,Department of Environmental Quality Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded Geometric Mean The Nth root of the product of the individual values where N=the number of individual values.For purposes of calculating the geometric mean,values of"0"(or"<[detection level]")shall be considered= 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes Grab samples can be collected manually Grab samples must be representative of the discharge(or the receiving stream,for instream samples). Version 11/09/20112 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period Monthly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average(concentration limit) The arithmetic mean of all samples taken over a calehdar quarter. Severe property damage Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass Severe property damage excludes economic loss caused by delays in production Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week.In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action,for permit termination,revocation and reissuance,or modification, or denial of a permit renewal application [40 CFR 122 41] a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b The CWA provides that any person who violates section[s] 301,302, 306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3)or 402(b)(8)of the Act, is subject to criminal penalties of$2,500 to$25,000 per day of violation,or Version 11/09/20112 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year,or both In the case of a second or subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)] d Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation, or imprisonment for not more than 3 years, or both In the case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2)and 40 CFR 122.41(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)(in)of the CWA, shall,upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122 41(a)(2)] f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North Carolina General Statutes § 143-215 6A] g Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$177,500 [33 USC 1319(g)(2)and 40 CFR 122 41(a)(3)] 2 Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II C 4),"Upsets"(Part II.C.5) and"Power Failures" (Part II.0 7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215 6 or Section 309 of the Federal Act,33 USC 1319 Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended 4 Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143- 215 75 et seq or Section 311 of the Federal Act,33 USG 1321 Furthermore,the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5 Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal, State or local laws or regulations [40 CFR 122 41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 11/09/2011 2 NPDES Permit Standard Conditions Page 5 of 18 7 Severability The provisions of this permit are severable If any provision of this permit,or the application of any provision of this permit to any circumstances, is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit[40 CFR 122 41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit[40 CFR 122 41(b)] 10 Expiration of Permit The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122 21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215 6 and 33 USC 1251 et seq 11 Signatory Requirements All applications,reports, or information submitted to the Permit Issuing Authority shall be signed and certified[40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation- by a responsible corporate officer For the purpose of this Section,a responsible corporate officer means- (a)a president, secretary,treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or(b)the manager of one or more manufacturing,production, or operating facilities,provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations,and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State,Federal,or other public agency by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a above or by a duly authorized representative of that person A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122 22] Version 11/09/20112 NPDES Permit Standard Conditions Page 6 of 18 • c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or together with any reports,information,or applications to be signed by an authorized representative [40 CFR 122 22] d. Certification.Any person signing a document under paragraphs a or b. of this section shall make the following certification [40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations " 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause The filing of a request by the Permittee for a permit modification,revocation and reissuance, or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13 Permit Modification,Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123,Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100, and North Carolina General Statute 143.215 1 et. al 14 Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H 0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1 Certified Operator Owners of classified water pollution control systems must designate operators,certified by the Water Pollution Control System Operators Certification Commission(WPCSOCC), of the appropriate type and grade for the system, and,for each classification must[T15A NCAC 08G 0201]: a designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system, b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system,with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission (or to the local health department for owners of subsurface systems)countersigned by the designated certified operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible Charge(Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system, or (2) within 120 calendar days following: > receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC) of the proper type and grade, or ➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in Responsible Charge(Back-up ORC) Version 11/09/20112 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must. > Visit the facility as often as is necessary to insure proper operation of the treatment system,the treatment facility must be visited at least weekly > Comply with all other conditions of 15A NCAC 08G .0204 The ORC of each Class II, III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must > Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week, excluding holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 08G .0204 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122 41(e)] NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a member of the Permittee's staff. 3 Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122 41(c)]. 4 Bypassing of Treatment Facilities a Bypass not exceeding limitations [40 CFR 122.41(z:0(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation These bypasses are not subject to the provisions of Paragraphs b. and c of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass (2) Unanticipated bypass The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice) c Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless- (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage, (B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime.This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and (C) The Permittee submitted notices as required under Paragraph b of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility Version 11/09/20112 NPDES Permit Standard Conditions Page 8 of 18 . (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5 Upsets a. Effect of an upset[40 CFR 122.41(n)(2)]. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met No determmaton made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset. Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant evidence that (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated, and (3)The Permittee submitted notice of the upset as required in Part II E.6 (b)of this permit (4)The Permittee complied with any remedial measures required under Part II B.2.of this permit. c Burden of proof[40 CFR 122.41(n)(4)]. The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding 6. Removed Substances Solids, sludges,filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge,40 CFR Part 258,Criteria For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H 0124)to prevent the discharge of untreated or inadequately treated wastes dunng electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water, or substance.Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)] 2 Reporting Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility,on the last day of the month following the commencement of discharge Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address Version 11/09/20112 NPDES Permit Standard Conditions Page 9 of 18 NC DEQ/Division of Water Resources/Water Quality Permitting Section ATTENTION Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4 Test Procedures Laboratories used for sample analysis must be certified by the Division Permittees should contact the Division's Laboratory Certification Section(919 733-3908)or visit https//deq.nc.gov/about/divisions/water-resources/water- resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory certifications Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS 143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g), 33 USC 1314,of the CWA(as amended),and 40 CFR 136, or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit[40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 5 Penalties for Tampering The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information, including D all calibration and maintenance records D all original strip chart recordings for continuous monitoring instrumentation D copies of all reports required by this permit D copies of all data used to complete the application for this permit Version 11/09/20112 NPDES Permit Standard Conditions Page 10 of 18 These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122 41]. 7 Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information [40 CFR 122.41]: a. The date,exact place, and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements, c. The date(s)analyses were performed; d The individual(s)who performed the analyses; e. The analytical techniques or methods used, and f The results of such analyses 8. Inspection and Entry The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit, c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit.The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122 41(1)].Notice is required only when: a The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b), or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122 42(a)(1), or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122 41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1,in Version 11/09/20112 . NPDES Permit Standard Conditions Page 11 of 18 particular NCGS 143-215.1(b)(4)b 2.,and may require modification or revocation and reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122 61] or state statute. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122 41(1)(4)]. a Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II D 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR 6 Twenty-four Hour Reporting a The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission shall contain a description of the noncompliance,and its cause;the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected,the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800) 858-0368 or(919)733-3300. 7 Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II E.5 and 6. of this permit at the time monitoring reports are submitted.The reports shall contain the information listed in Part II E.6. of this permit [40 CFR 122.41(1)(7)]. 8 Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information [40 CFR 122.41(1)(8)] 9 Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester,the known passage of a slug of hazardous substance through the facility,or any other unusual circumstances b Any process unit failure, due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,compressors, etc. c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2 c of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices Version 11/09/20112 NPDES Permit Standard Conditions Page 12 of 18 of the Division.As required by the Act,effluent data shall not be considered confidential.Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215 1(b)(2)or in Section 309 of the Federal Act 11 Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41]. 12 Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C) The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation The report shall be sent to: NC DEQ/Division of Water Resources/Water Quality Permitting Section ATTENTION Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 11/09/20112 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements under Item b of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the construction, installation,or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize,neutralize, stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State Notwithstanding the above,the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42)• a That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis,of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter(1 mg/L)for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels", (1) Five hundred micrograms per liter(500 pg/L); (2) One milligram per liter(1 mg/L)for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility Version 11/09/20112 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c)or(d)of the CWA [40 CFR 403.3 (i) and(j)and 15A NCAC 02H 0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations, or its sludge process,use,or disposal which causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the Permittee)NPDES,collection system, or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of the Permittee's(or any satellite POTW's, if different from the Permittee)NPDES, collection system,or non-discharge permit. [15A NCAC 02H 0903(b)(23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal sewage or industrial wastes of a liquid nature It also includes the collection system,as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant.The term also means the local government organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges to and the discharges from such a treatment works In this context,the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or"SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H 0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403 6 and 40 CFR Parts 405-471;or 4 Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H 0907(b),the 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(POTWs1 Version 11/09/20112 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following[40 CFR 122 42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2 Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3 For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent introduced into the POTW, and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge At such time as sufficient information becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2 Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H 0900 and 40 CFR 403. [40 CFR 403 5(a)(1)] b The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261 21; (2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower than 5 0,unless the works is specifically designed to accommodate such discharges, (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants(BOD, etc.)released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW, (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F) unless the Division,upon request of the POTW, approves alternate temperature limits, (6) Petroleum oil,non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or (8) Any trucked or hauled pollutants,except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission shall contain a description of the discharge,the investigation into possible sources,the period of the discharge, including exact dates and times, if the discharge has not ceased,the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance, Version 11/09/20112 NPDES Permit Standard Conditions Page 16 of 18 3 With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by the Permittee with all applicable effluent limitations Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system 4 The Permittee shall require any Industrial User(IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary,a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 02H 0907(a)and(b). [40 CFR 122 44(j)(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 122.44(j)(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 44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU Where the Permittee accepts wastewater from one or more satellite POTWs,the IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c of this Part. [15A NCAC 02H 0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9] 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment local limits Effluent data from the Plan shall be reported on the DMRs(as required by Parts ILD and II.E.5.) [15A NCAC 02H 0903(b)(16), .0906(b)(3)and.0905] 4 Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44] The Permittee shall develop, in accordance with 40 CFR 403.5(c)and 15A NCAC 02H.0909,specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909 Pursuant to 40 CFR 403 5, local limits are Version 11/09/20112 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905,and .0906(b)(4)] 5 Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215 1,the Permittee shall issue to all Significant Industrial Users,permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works These permits shall contain limitations,sampling protocols,reporting requirements, appropriate standard and special conditions,and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements.The Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H 0906(b)(6), .0909, .0916,and 0917;40 CFR 403.5,403.8(f)(1)(m), NCGS 143-215.67(a)] 6 Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit(AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC,the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit(IUP) limitations [15A NCAC 02H 0906(b)(7)and.0905,NCGS 143- 215 1(a)(8)] 7. POTW Inspection&Monitoring of their 11.1s The Permittee shall conduct inspection, surveillance,and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H 0908(e),40 CFR 403 8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, b Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited parameters including flow except as allowed under 15A NCAC 0908(e), and c. At least once per year,document an evaluation of any non-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2),and either continue or revoke the designation as non- significant 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit, or in 15A NCAC 02H 0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403 8(f)(1)(v)and(2)(in);40 CFR 122.44(1)(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: Version 11/09/20112 NPDES Permit Standard Conditions Page 18 of 18 , NC DEQ/Division of Water Resources/Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems(PERCS) Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 These reports shall be submitted by March 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 Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), 0908(b)(5)and 0905 and 40 CFR 403 8(f)(2)(viii)] 12 Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with support information including general records,water quality records,and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H 0908(f) [15A NCAC 02H 0908(f);40 CFR 403 12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9)and(10)and.0905,40 CFR 403 8(f)(3),403 9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403 18, 15 NCAC 02H .0114 and 15A NCAC 02H 0907. Version 11/09/20112