HomeMy WebLinkAboutNCG550016_Issuance of Permit_20181029 ROY COOPER
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Governor
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LINDA CULPEPPER
b /4. INeri,n Director
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NORTH CAROLINA
Environmental Quality
October 29, 2018
Lester L.Howard
2318 NC Hwy 97 East
Rocky Mount, NC 27802
Subject: General Permit NCG550000
Certificate of Coverage (CoC) NCG550016
2318 NC Hwy 97 East
Nash County
Dear Permittee:
The•Divisien has renewed General Permit NCG550000. The Division hereby issues you'a revised
version of NCG550016, along with a copy of the renewed General Permit. Discard any earlier versions of the
permit and use this version until further notice. This CoC is issued pursuant to the requirements of North
Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection agency dated October 15, 2007 [or as subsequently amended].
If'aiiy parts,itieastireitent frequencies or•sampling requirements contaiine'd in this General Perniit
are unacceptable to you,you have the right to request an individual permit by submitting an individual
permit application. Unless such demand is made,the certificate of coverage shall be final and binding.
Please take notice that this Certificate"of Coverage is not transferable except after notice to the
Division. The Division may require modification or revocation and reissuance of the certificate of coverage.
Contact the Raleigh Regional Office prior to any sale or transfer of the permitted facility.
Regional Office staff will assist you in documenting the transfer of this Coe.
'This permit does not affect the legal requirements to obtain any other State, Federal, or Local
goveriiiitiental permit that tay be required. If you have any questions'concerning the requirements of the'
. General Permit,please contact Derek Renard of the NPDES'staff[919 707-3618 or via email at
derek.denard@ncdenr.gov].
Sincerely,
(441.4 f4/0101
for Linda Culpeppe
Interim Director,Division of Water Resources
cc: NPDES file
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-3616
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY III 1111111111111111111111111
INVOICE * 2 0 1 6 P R .0 7 9 6 1 *
Annual Permit Fee Overdue
This an'n'ual fee is"requiredby tfie NOrtfi Cafolrna Admini§fr`ative'Code.It covers tiie administrative Costedee ciated with
your permit. It its required of any person holding a permit for any time during the annual fee period, regardless of the facility's
operating status.Failure to pay the fee by the due date will subject the permit to revocation.Operating without a valid
permit is a violation and is subject to-a'$10;000 day fine.If the*Mins revoked-and-you-later decide'a permit is
needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental,
regulatory,or modeling conditions.
Invoice Number: 2016PR007961 Annual Fee Period: 2016-10=01 to 2017-09-30
Permit Number: NCG550016 Invoice Date: 09/07/2016
Nash County
2318 NC Highway97 East Due Date: 10/07/2016
• Lester L.Howard Annual Fee: $60.00
2318 NC Hwy 98'E
Wilson,NC 27896
Notes:
1. You may pay either by mail with check/money order OR by electronic payment(eCheck or Credit Card).
2. If payment is by check/money order,please remit payment to:
NCDEQ-Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh,NC 27699-1617
3. If payment is electronic,please see https:/ldeq.nc.gov/epavments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4. Please include your Permit Number and Invoice Number on all correspondence.
5. A$25.00 processing fee will be charged for retumed checks in accordance with North Carolina General Statute 25-3-512.
6. Non-Payment of this fee by the payment due date will initiate the permit revocation process.
7 Should'you have any questions'regarding this invoice;please contact the-Annual Administering and Compliance Fee
Coordinator at 919-807=6316.
(Return This Portion With Check)
1I'I• 11II 11111111111 •II11III I II
* 2 0 1 6 P R 0 7 9 6 1 *
ANNUAL PERMIT INVOICE
Overdue ;'
——._. _. ... . _
Invoice Number: 2016PR007961 Annual Fee Period: 2016-10=01 tä 2017-09-30
Permit Number: NCG550016
invoice Date: 9/7/2016
Nash County
2318 NC Highway 97 East Due Date: 10/7/2016
• Annual Fee: $60.00
Lester L.Howard
2318 NC'Hwy 98;E
Wilson,NC 27896 Check Number:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY 11111111 1111111101 1111111 II
INVOICE
* 2017PR 0 • 9 8 *
Annual Permit Fee / Overdue
This"a"n N I I fee is'requiredby the North Carolina Ad'ministralWVe Code.fYcoveis the'adrnmistratiVe'cosfs assoaa""ted-wit iI
your permit. It is required of any person holding a permit for any time during the annual fee period,regardless of the facility's
operating status.Failure to pay the fee by the due date will subject the permit to revocation.Operating without a valid
•permit is'a Violet on`and'is subjec`f(Oa$10000'per day fine.'If the permit is"revoked and'yob later decide a paribit is
needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental,
regulatory,or modeling conditions.
Invoice Number: 2011PR008298 Annual Fee Period: 2017-10=01 to 2018-09-30
Permit Number: NCG550016 Invoice Date: 09/08/2017
Nash County
2318 NC Highway 97 East Due Date: 10/08/2017
Lester L.Howard Annual Fee: $60.00
- 2318NCHwy 98E
Wilsoii,'NC 27896
Notes:
1. You may pay either by mail with check/money order OR by electronic payment(eCheck or Credit Card).
2. If payment is by check/money order,please remit payment to:
NCDEQ-Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh,NC 27699-1617
3. If payment is electronic,please see https://deci.nc.nov/epavments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4. Please include your Permit Number and Invoice Number on all correspondence.
5. A$25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6. Non-Payment of this fee by the payment due date will initiate the permit revocation process.
7. Should you haveanyquestions-regarding-this invoice,please contact the Annual Administering-and Compliance Fee
Coordinator at 919.807-6316:
(Return This Portion With Check)
• 1101111 11111'11 II IIIIlIIIl'III-
* 201 7 P R 0 0 8 2 9 8 *
ANNUAL PERMIT INVOICE
Overdue
invoice Number: 2017PR008298 Annual Fee Period: 2017-10-01 to 2018-09=30
Permit Number: NCG550016
invoice Date: 9/8/2017
Nash County
2318 NC Highway 97 East Due Date: 10/8/2017
Annual Fee: $60.00
Lester L.Howard
2318-NC Hwy 98 E
Wilson,NC 27896- Check Number:
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG550000
CERTIFICATE OF COVERAGE NCG550016-
DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND
OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
incompliance`with th6"iiroVigijii of North Cambia G'enerai 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,
Lester L. Howard
is hereby authorized to discharge<1000 gallons per day of domestic wastewater from a
facility located at
2318 NC Hwy 97 East
Rocky Mount
Nash County
to receiving waters designated as the Tar River, a class WS-IV&B NSW CA stream in subbasin
03-03-02 of the Tar-Pamlico River Basin in accordance with the effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, and III hereof.
This certificate of coverage takes effect October 29, 2018.
This Certificate of Coverage shall remain valid for the duration of the General Permit.
Signed this day October 29, 2018
(44 9di/0(4
for Linda Culpepper
Interim Director, Division of Water Resources
By Authority of the Environmental Management Commission
INPDES General PermitNCG550000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WAFER RESOURCES
GENERAL PERMIT NCG550000
DISCHARGE OF DOMESTIC WASTEWATER FROM
SINGLE FAMILY RESIDENCES -
AND OTHER 100%DOMESTIC DISCHARGES
WITH SIMILAR CHARACTERISTICS
UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215J,other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or
operators,hereafter permittees,which are covered by this permit as evidenced by receipt of a Certificate
of Coverage by the Environmental Management Commission to allow the discharge of treated domestic
wastewater in accordance with the effluent limitations,monitoring requirements,and other conditions set
forth in Parts I,II and III hereof.
This permit shall become effective October 23,2018.
This permit shall expire at midnight on October M,2O16o
Signed this day October 23,2018.
for .inda Culpepper,Interim Director
Division of Water Resources
'By Authority of the Enviionineintal Management Commission
Page 1 of 16
NPDES General Permit NCG550000
Ce-EFFLUENT LIMITATIONS • I MONITORING REQUIREMENTS
• [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this'permit and lasting until expiration,the Permittee is
aiItliorized`td discharge domestic wastewater"from outfall 001'.Such discharges shall be limited andmonittited by
the Permittee as specified below:
•
LIMITS MONITORING
•
EFFLUENT CHARACTERISTICS REQUIREMENTS
[Parameter Code] Monthly Daily Measurement Sample Sample
. Average Maximum Frequency Type Location l
' .Flow(gpd)2 .50050 . 1,000 gpd 2 Annually Estimate Effluent
BOD,5-Day,20°C(mg/L)3 C0310- 30.0 mg/L 45.0 mg/L Annually • Grab • Effluent •
Total Suspended Solids(TSS)(mg/L)3 C0530 30.0 mg/L 45.0 mg/L Annually Grab Effluent
• Fecal Coliform(#/100mL)3'4 •31616 200/100 mL 400/100 mL • Annually Grab Effluent
Enterococci(#/100mL)3'4;5 61211 - 35/1001 L Aniivally Grab Efflileiii
Total Residual.Chlorine(TRC) µg/L•)( 3,6,7 .50060 . ,Footnote 6&7 . Annually , Grab - Effluent
gpd=gallons per day;BOD=Biochemical Oxygen Demand;nTg/L=milligrarris per liter;
#1100mL=colonies per 100 milliliters; µg/L=micrograms per liter
Footnotes:
1. Effluent is defined as wastewater leaving the treatment system,prior to discharge into a creek or other
• waterbody.
2. The wastewater discharge flow from this facility may not in any case exceed 1,000 gallons per day.The
Authorization to Construct(ATC)issued with the Certificate of Coverage(COC)may further•limit the flow
authorized by the permit to a lower discharge volume.
3. A North Carolina certified laboratory must perform the wastewater analysis.
4. Fecal Coliform and Enterococci shall be calculated using the geometric mean,according to the procedure
detailed in Part II. Section A.
5. Applicable for discharges to SB'arid SC water dilly.Iri SB and SC waters,the requirement for a fecal coliforhi
sample is not required.
6. Receiving sfrearii chlorine levels are riot to exceed 17 1.41,for freShWater-and 13 Aga,for saltwater.The
sample shall be taken from the effluent pipe,prior to discharge into a creek or other waterbody.
7. TRC lin7itation•only applicable for facilities that are required to'utilize'dechlorinnation'(see Part 1,B for
• Treatment System Requirements).The Division shall corisider all effluent TRC values reported below 50-
µg/L to be in compliance with the permit.However,the Permittee shall continue to maintain records for all
values reported by a North Carolina certified laboratory(including field certified),even if these values fall
below 50µg/L. •
Conditions:
There shall be no discharge of floating solids or foam visible in other than trace amounts. .
•
Page 3 of 16
• NPDES General Permit NCG550000
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 periods
3/Week •
Samples are collected three times.per week on three separate calendar days.These samples shall be representative of
the wastewater discharged during-the.sample period..
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all"daily discharges"of a.pollutant measured during the calendar year.In the case of fecal
coliform,the geometric mean of such discharges
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Otrarter
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 I(10'mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director maydesig'n`ate-the`most'appropriate method.(specific number and size'of aliquots nec'e`ssary,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:
(I) Continuous -a.singlo,:eontinuoussamplecollected•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
meas`,l�einetit b2tvv eeii' atnpl'u ititerVals`shatl'h determined by us'e-of a flaw'recorder and totaliZet,•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
(4)' 'Con'stant tithe/constant Yoiurne:a series of grab sample's of equal Vo'lutne'collectedoVe'r a 24-hour p'erio'd at a
constant time interval'.Use of this method requires prior approval by the Director.This method may only be
. used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
Influent samples shall not be collected more than once per hour.
Page 5 of 16
NPDES General Permit NCG550000
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average(concentration limit) •
The arithmetic mean of all samples taken over a calendar quarter.
Severe:praperty'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 Periiittentust'coinply With all cdriditi'ons Of this permit.Any permit rioricbfpiarice'constitirtes 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 Pemii'ttee'shall comply with-eftliient-stantint s or p'rohib tions estalilislie`d Minder section 307(a)"of the
CWA for toxic poll'utants 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
aiiy'peririit cbriclitiori'o'r Tiinitatioii iriipleineritirig ariy'sitacsoetioris in a petntit issued uttder'sectibli 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)1
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
'bf the Act,-or any retluirerrent unposed in a pre<eatrient program appto"v'ed under•section 4040(3)-Or
402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent
violation,u person-shall be subject to criminal penalties of not more than$509000 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(x)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal
Ve'iialties of$5,000 to$50;000 pet day'of r'io'latibn,'or it pristirirrirent ford& that'3 years,-0r•b'o'th.tri 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.
[333 USC 1319(e)(2)and GFR 122:41(a)(2)]j
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
Mid ki o 's'at that tittle'that 116 thereby places'another permit iri iroiiiidentdanger ecf death•o'r•seriotis 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 J0 years,or
Page 7 of 16
NPDES General Permit NCG550000
• 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)].
I I. 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) 'Fora'cotporation: by a responsible corpotat'e-officer.For the putp'ose'of this Section,a'respdtisible
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
finietioi s for the'corporation;or(b)themanager of o ie of more manufacturing,pro'dt7cti=oii',o'r 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
rtectr rriendat dies,and initiating^middirecting-Other'compreherisiventeaSitte's 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,amuni4-ipality;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
-signedby a person described,in paragraph&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 autlrotization specified'either ail indiTidtial'or a p'o'sition'haring tesporisibility for the oVerall'Op'eration
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]
e. 'Changes td-anttiorizatioti:If an authorization tinder gt pli'(b)"of this section is no longer'aceiitate 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.orb.of this section shall make the following
certification[40 CFR 122:22]:NO OTHER STATEM 'NTS OF GERTWICATION WILL BE•AGGEPTED-:=
'I cert under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that quaked personnel properly gather and
e`v"alu'ate the iri Orn ation s'u'bmitted pased'on t in u'rr" o the "erSOti of Bisons tvho'niaii'a e the 'ystew2 o'=
.� Y �., 7'�f p� P� g"�� Y ,
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 andimprisonment 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''issuaiic'e of thig per;^:it•do'es'riot prohibit the permit i'ssuing authority frOirt Ye'Opeiiiiig arid irrOdifying the'p'erriiit,
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.
Page 9 of 16
NPDES General Permit NCG550000
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 pennit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a: Bypass not exceeding limitations[40 CFR 122:41(m)(2)]. •
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the
provisions of Paragraphs b.and c.of this section.
b: Notice[40 CFR 122.41(m)(3)]-
(1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least-ten days before the date of the bypass;including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6.(24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A)-Bypass was unavoidable to-prevent loss of life,personal-injury or severe property damage;
(B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
Yetettiori"of untreated wastes or itiaiittenariee•during-imortrial p`t✓tio'ds'of equipttient•dowritiiire.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-Perinittee fora bypass as provided in any:.eurrent or future system-wide collection system
permit associated with the treatment facility.
(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
(l)of this section:
5. Upsets
a. •Effect-of an'upset'[40 CFR 122.410)(2)j: An tit et'eonstiitiites'arCaffnniative"defense to•ati action btaffght for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b.of
this condition are met.No determination made during administrative review of claims that noncompliance was
caused by upset,-and-before an-action-for noncompliance,is final--administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall.demonstrate;through-properly:signed contemporaneous operating logs;or other relevant
evidence that:•
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated;and
(3Y The Permittee submitted notice of the upset as required in Part lI.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 GFR 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
Solfds,'sludges,filter backwash,'or'other pollutants rettl`oved in the`course of treatttient'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
b the-Co `tti'ssioii.The Perttitteeshall comply with all•applicabki state a'nd Federal tegulatiorts-govet ing 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
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NPDES General Permit NCG550000
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
Tho'CWA pro'vides that any persoii who falsifies;tairipers Frith;Or knowingly fenders inaccurate;any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fme of not
more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a
•tdrivietioii`of'a person is feta Violation Contniftedatlet a fir t'con`vittio'n oft:ich person under this paragraph,
punishment is a fme 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].
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6'. Record`s 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);thePermittee shall retain records of all monitoring information,including:
all calibration and maintenance records
all original strip chart recordings for continuous monitoring instrumentation
copies of all reports required by this permit
copies of all data used to complete the application for this permit
These"reeords•or copies'shall be maintained fora petiod'ofat lest 3 years froth 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 122.411:
•
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. 'Inspeetioti and Errs •
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 maybe 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
Alt discharges atithtirized hereih.8hall'beConsistent With the terms and•'coriditioris of this p'errtr t.Th diharg 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.
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2. Planned'Changes
The Pernittee 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:
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NPDES General Permit NCG550000
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 hi 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 reli'drts piii$ate'd iiraccordancoVith the'whit shall be avai'lable.for pilb'lic'inspectiorn'at the'offices
of the Division.As required by the Act,effluent data shall not be considered confidential.Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2)or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports .
The CWA provides that any person who knowingly makes any false statement,representation,or certification in
any record or'other dnci rent sabinitted'Or required td be m'auitaited ni de'r 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].
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