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HomeMy WebLinkAboutNCG550062_Certificate of Coverage (COC)_20190503ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Mr. Perry Seawright 252 Otter Circle Fayetteville, GA 30215 Dear Mr. Seawright: NORTH CAROLINA Environmental Quality May 3, 2019 Subject: NPDES General Permit NCG550000 Transfer of NCG550062 4488 Hwy 801 North Davie County The Division hereby transmits Certificate of Coverage (CoC) NCG550062, issued under NPDES General Permit NCG550000. This action is taken to show that you are now the owner of the subject facility. This CoC 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). If any parts, measurement frequencies or sampling requirements contained in the General Permit are unacceptable to you, you have the right to request an individual NPDES permit upon written request within thirty (30) days following receipt of this letter. Unless such a request is made, this transfer of the subject CoC shall be final and binding. This CoC is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the CoC. This permit does not affect the legal requirements to obtain other permits which may be required by any other Federal, state, or local government. If you have any questions concerning this matter, please contact Emily Phillips at (919) 707-3621 or via e-mail [emily.phillips@ncdenr.gov]. Sinc;Cul'p4epper, indDirector Division of Water Resources cc: NPDES Files North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NCNiP1 C,ggpUN/ 919.707.9000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES CERTIFICATE OF COVERAGE NCG550062 Under GENERAL PERMIT NCG550000 TO DISCHARGE 100%-DOMESTIC AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, Perry Seawright are hereby authorized to operate a wastewater treatment facility with a discharge of <1000 gallons per day); discharging from 4488 Hwy 801 North Mocksville Davie County to receiving waters designated as an unnamed tributary (UT) to Chinquapin Creek [stream segment 12-102-6] a waterbody currently classified as C waters located within sub -basin 03-07-05 of the Yadkin Pee -Dee River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III of General Permit NCG550000 as attached. This certificate of coverage shall become effective May 3, 2019. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day May 3, 2019. ?4 /twiw L►nda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission NPDES General Permit NCG550000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER 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 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, 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 31, 2020. Signed this day October 23, 2018. for > nda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 16 NPDES General Permit 14CG5.50000. PART I MONITORING; CONTROLS- AND. LIMITATIONS FOR PERMITTED DISCHARGES, - A:.COVERAGE . (1.) Limitations on Coveraue• This permit authorizes discharges_ (pursuant to the conditions.described in this permit).to,.all waters of the state unless btherwise excluded in this section. Discharges to the followingwaters are excluded from permit . . coverage and will require an individual permit to discharge:. • Waters classified as WS-I.(Water Supply I) • Waters classified as HQW (High Quality Waters) Waters classified. SA (Market Shellfishirig, Salt Water) . • Waters -classified as ORW (Outstanding Resource Waters) • Waters located in the Randleman Lake Watershed.. . (2.) Eligibility of Coverage: . a: Sinale Pass Dischar eg_.S ss�.discharging less than 1,000 gallons per day (applicable to existing, facilities• only).... b. Multi -Phase Filter S s� (Primary & Secondary.Single Pass, Recirculating Sand Filters as well as other alternative. technologies:thatprovide* treatment equivalent to'. or greater than,recirculating.sand filters), discharging less than 1,000 gallons per day: (3.)Transfer of Coverage from other permits: a.. Notwithstanding Part I, Section A. (1.),'upon_issuance of this general permit, all existing.dischftes previously covered under general permit NCG550000 issued on. August 1,200 Will. be renewed for . coverage under. thispermit. b. Upon issuance ofthis 'general permit; all existing and active. individual -.permits previously issued`for discharge of domestic wastewater from. single family residences and other 100% domestic discharges with similar characteristics will be eligible for coverage under this permit., a This permit does not affect'the legal requirements to obtain other permits that may b'e: required by the North Carolina Departrnent.of Environmental ,Quality, or any other federal'or local 'govemmeritpeimit. B. TREATMENT SYSTEM. REQUIREMENTS '(L) Existing systems (built Orior to August 1. 2007),:- Septic Tank • Sand or media filter component (single pass filter systems; Multi -Phase Filter Systems) • Disinfection (All adding chlorination after August 1, 2007 will also be required to add de6hlorination.. If a . system had chlbrination.before August 1, 2007, then the addition of dechlorination is not required.) (2.) New for expanding) and existing systems (built after August 1: 2007): •. . Septic Tank (with riser) ' ,.: Filter:media • : Recirculating pump tarik(s) per:approved-design. (Multi -Phase Filter Systems only) Filtermedia component. per approved design • Disinfection unit (Chlorination/dechlorination, or equivalent means .of disinfection) • Effluent pipe%utfall Aeration/erosion control (rip rap): (3.) Failed or failing systems that reauire replacement: For purposes of this permit, failed -or failing systems that.require replacement will be subject to requirements of new systems built after Auguste 1, 2007. (4.) Systems that are constructed prior'to August 1. 2007 that did' not have a valid permit: . For purposes df this -.permit; systems that'are constructed prior to August L 2007 that did not have a valid. perriut shall be'require.d.to get a valid permif.. They will riot be required to replace or upgrade systems . installed prior to August. 1, 2007 unless they are failing: and require replacement. - Page 2 of 16 NPDES General Permit NCG550000 C. EFFLUENT LIMITATIONS AND MONITORING REOUIREMENTS [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 authorized to discharge domestic wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Code] LIMITS MONITORING REQUIREMENTS Monthly A'vera a Daily `Maximum Measurement Frequency Sample Type Sample Location'h 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 / 100 miL Annually Grab Effluent Total Residual Chlorine (TRC) (µg/L) 31617 50060 Footnote 6 & 7 Annually Grab Effluent gpd = gallons per day; BOD = Biochemical Oxygen Demand; mg/L = milligrams per liter; #/100mL = 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 and SC water•only. In SB and SC waters, the requirement for a fecal coliform sample is not required. 6. Receiving stream chlorine levels are not to exceed 17 µg/L for freshwater and 13 µg/L for saltwater. The sample shall be taken from the effluent pipe, prior to discharge into a creek or other waterbody. 7. TRC limitation only applicable for facilities that are required to utilize dechlorination (see Part I, B for Treatment System Requirements). The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to maintain records for all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/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. .' D. OPERATION4 AMINTENANCE & RECORDS' (1.) Disinfection: a:.. The tablet chlorinator and dechlorinator [if applicable] shall be inspected weekly to ensure there is an . :adequate'supply.61f tablets for continuous and proper operatiom-The dechlorinator. unit shall be labeled. . "dechlorination. only". Wastewater grade tablets (calcium hypochlorite) shall be added as needed to provide proper chlorination (pool chlorine tablets shall not be used). b. Unless the ultraviolet disinfection unit is monitored by telemetry, the unit shall be checked weekly._ The lamp(s) and quartz sleeves)"shall be cleaned or replaced as .needed to ensure proper disinfection. (2.). Bypassing of Treatment Facilities: " Treatment"systems shall.be maintained -at all times.to prevent seepage ofsewage:.This condition supersedes " the bypassing of treatment facilitiescondition in Part II, Section C; (4): (3.) Septic tanks: a. Septic tanks and secondary tank (recirculatinglpunip tanks)'shall be inspected at least yearly to determine if solids must be removed.or if other maintenance is necessary: b: Septic tanks shall be pumped out at least once every five years or when the solids level, is found to be more than 1/3 of the jiquid depth in: any compartment; whichever is.greater. All tanks should be emptied of their of contents whenever any of the "tanks meet this requirement. c. Effluent, filters shall be inspected at least once a year, cleaned; and reinstalled oureploced. d. . Conteiits'.removed from septic tanks shall be disposed of a location and in a manner compliant with all local, state, and federal regulations. (4.). Swtem"Component§: . All system components, including but not necessarily limited,to, septic tanks, surface sand filters, other filter .components, pump/recirculation tanks; controls and alarms; disinfection units; dechloiination apparatus,: and the outfalls shall be maintained.at.'alltimes and in good operating order: TheTermittee is.responsible for the operation -and maintenance of the, entire wastewater treatment system including, but not limited to the following items: . a.-Accessible.sand filter surfaces shall .be raked and leveled•every six months and any vegetative growth shaffbe removed manually. b. ,All pump and alarm systems shall be inspected andtested monthly: (5.) Records Retention• a. Submittal of monthly Discharge Monitoring Reports (DMRs) shall not be required except upon, demand by the Division. This section supersedesthe requirementfor submitting monthly Discharge Monitoring Reports (DMRs) specified in Part II,'Section D (2) of this permit. Even though the: submittal of the.. monthly monitoring reports to the Division, is suspended, all monitoring requirements remain. - b.' The data will. be. maintained on site: for a period of three years.. c. The permittee shall'notify the Division upon receipt.of sampling or.monitoring report.indicating noncompliance with the permit: . (6.) Outfall Location: ..A visual review of the outfall location shall be executed twice each year (one at the time of sampling) to - ensure that no:visible solids or:other obvious evidence of system malfunctioning is"observed. Any visible.: signs of a malfunctioning system shall be documented, and steps taken to correctthe problem. .(7.):Permit Renewal•, a. Certificates of Coverage.(COCs) under this, general permit shall be automatically renewed. Dischargers covered by. general -.permits need not submit new Notices of Intent or renewal requests unless so directed " by the Division [15A.NACA 02H .0127 (e)]. 'b:. COCs_with unpaid administering and compliance,moniioritig fees will not be automatically renewed.'See Part II,'Section'B (14) for annual administering and compliance monitoring fee requirements. Page 4 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 period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et., seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Ouarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining,grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, 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 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. Page 5 of 16 NPDES General Permit NCG550000 ➢ 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. ➢ Pernuttees 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= L 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). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement j 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. Page 6 of 16 .NPDES General Permit NCG550000 Permit Issuing Authority The Director of the Division of Water Resources. 4uarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(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 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) bf 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, a person shall be subject to criminal penaltiesof 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 Page 7 of 16 NPDES General Permit NCG550000 both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terns, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part H.C.4), "Upsets" (Part H.C.S) and "Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 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 Permn}ittee 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 Page 8 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)]. 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 oractivity, 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] 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 122.221. 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-offines 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. Page 9 of 16 NPDES General Permit NCG550000 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)(4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator For the purposes of this permit, this requirement does not apply until the permittee receives a letter from the Division notifying them of classification of the facility. 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 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). (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 ORQ 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 11, 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. Page 10 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 permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properlysigned, 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 H.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part H.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 Page 11 of 16 NPDES General Permit NCG550000 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 Pemuttee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the ' discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: 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 calibratedat 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 httys://deq.nc.eov/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 563, 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 Page 12 of 16 NPDES General Permit NCG550000 to the minimum detection or lower reporting level of the:procedure. Ifno 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; upoii.conviction, be punished by a fine of not more than $10;000 per violation, orb 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 byimprisonment.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 ofall monitoring information,including: all. calibration andmaintenance records all original strip chart recordings for continuous monitoring instrumentation., copies of all reports required by this permit copies of all data used to complete, the application for this permit These'records or copies shall be maintained for a period of at least3 yearss, from the date of the sample; measurement, report or, application. This. period .maybe 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. requiremenis'of this perimi the Permittee shall record the . . following information [40 CFR•122.4i]: 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; & 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. Inspectat 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'purpose's.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 L . Change in Discharge All discharges authorized herein shall' be consistentwith 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 Permitte.e shall'give notice' to the Director as soon as possible of any planned.physical. alterations or additions - . to the ermitted facility, 40 CFR 122.41 1 Notice is required only when: P ty[ O]� q Y Page 13 of 16 NPDES General Permit NCG550000 a. The -alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41'(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] 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 H.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. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part H.E.5 and 6. of this pernut'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)]. 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)]. 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 Page 14 of 16