Loading...
HomeMy WebLinkAboutNC0089842_Draft Permit_20190306 ROY COOPER Governor MICHAEL S. REGAN Secretary iy 0 F: LINDA CULPEPPER SFr On earn NORTH CAROLINA Environmental Quality March 06, 2019 Mr. Richard Grubbs 230 North Tryon LLC 230 N Tryon St Charlotte,N.C., 28202 Subject: DRAFT NPDES PERMIT NC0089842 Carolina Theatre - Groundwater Remediation Project Grade I Physical-Chemical WPCS [15A NCAC 08G .0306] Mecklenburg County Dear Mr. Grubbs: Enclosed with this letter is a copy of the draft permit for the proposed groundwater remediation discharge. Please review this draft carefully to ensure thorough understanding of the information, conditions, and requirements it contains. We have reviewed your application and supplements submitted by your authorized consultants ECS Southeast, LLP. The Engineering Alternatives Analysis (EAA) submitted concludes that discharge to surface waters is the most viable option. After our review of this document the Division concurs with its conclusion. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application has been added to your NPDES permit [see Section A. (3)]. For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: https://deq.nc.gov/about/divisions/water- resources/edmr. For information on EPA's NPDES Electronic Reporting Rule, please visit the following web site: https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule. A visit to the Carolina Theatre site was conducted by DWR staff on December 20, 2018. The subsequent report noted that an existing pipe from a dis-used irrigation vault could cause discharge from this facility to become contaminated before reaching its designated outfall. The permittee must cap this pipe prior to the issuance of the final version of this permit in order to prevent unauthorized discharge. With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Mecklenburg County area,per EPA requirements. Please provide your comments, if any, to me no later than 30 days after receiving this draft permit. North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-9125 Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft,please contact me via email at [emily.delduco@ncdenr.gov] or call 919-707-9125. Sincerely, Lair_ Emily DelDuco Environmental Specialist II NPDES Program cc: NPDES files ec: MRO/Ed Watson ECS /Joseph Nestor(jnestor@ecslimited.com) NPDES Permit NC0089842 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER 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, 230 North Tryon, LLC. is hereby authorized to discharge wastewater from a facility located at the Carolina Theatre Charlotte, NC 28203 Mecklenburg County to receiving waters designated as an unnamed tributary to Irwin Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective , 2019. This permit and the authorization to discharge shall expire at midnight on , 2024. Signed this day , 2019. Linda Culpepper,Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 NPDES Permit NC0089842 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 arises under the permit conditions,requirements,terms,and provisions described herein. 230 North Tryon, LLC is hereby authorized to: 1. begin operating a 0.029 MGD dewatering and groundwater remediation system consisting of,but not limited to; • a settling tank • a transfer pump • a bag filter skid with two (2)bag filters • two (2) liquid phase carbon adsorber in series • a hose kit • flow totalizer located at a proposed construction area located at 230 N Tryon St., in Charlotte, Mecklenburg County; and 2. discharge from said treatment works via Outfalls 001 at a location specified on the attached map, into an unnamed tributary to Irwin Creek [Stream Segment 11-137-1], currently a Class C waterbody within Subbasin 03-08-34 [HUC: 030501030101] of the Catawba River Basin. Page 2 of 7 NPDES Permit NC0089842 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored) by the Permittee as specified below: LIMITS MONITORING REQUIREMENTS' EFFLUENT CHARACTERISTICS Sample [eDMR Code] Monthly Daily Measurement Sample Average Maximum Frequency Type Locations Flow(MGD) 50050 0.029 MGD Continuous Recording Effluent2 Total Suspended Solids(TSS) C0530 30.0 mg/L 45.0 mg/L weekly Grab Effluent 1 Turbidity(NTU) 00070 Monitor&Report weekly Grab Effluent pH(su) 00400 >6.0 and<9.0 su weekly Grab Effluent Oil and Grease(mg/L) 00556 Monitor&Report weekly Grab Effluent [EPA Method 1664 SGT-HEM] Carbon tetrachloride(µg/L) 32102 1.6 µg/L 1.6 µg/L weekly Grab Effluent Tetrachloroethylene(µg/L) 34475 3.3 µg/L 3.3 µg/L weekly Grab Effluent Chloroform(mg/L) 32106 2 mg/L 2 mg/L weekly Grab Effluent 1,2-Dichloropropane(µg/L) 34541 31 µg/L 31 µg/L weekly Grab Effluent Acetone(µg/L) 81552 2000 µg/L 2000 µg/L weekly Grab Effluent Acrylonitrile(µg/L) 34215 7 µg/L 7 µg/L weekly Grab Effluent Total Zinc(µg/L)3 01092 Monitor&Report weekly Grab Effluent Total Lead(µg/L)3 01114 Monitor&Report weekly Grab Effluent Total Copper(µg/L)3 01042 Monitor&Report weekly Grab Effluent Hardness-Total as 00900 Monitor&Report weekly Grab Effluent [CaCO3 or(Ca+Mg)] (mg/1)3 Acute Whole Effluent Toxicity 4 TAA6C Monitor&Report monthly Grab Effluent Footnotes: 1. The Permittee shall begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR system. See Condition A. (3.). 2. Effluent samples shall be collected immediately after the last carbon filter designated as final treatment before discharge. 3. Effluent hardness sampling should be performed in conjunction with sampling for hardness dependent metals (Copper, Lead,Zinc). 4. Whole Effluent Toxicity(WET): Acute, Monitor Only; Monthly(Pimephales promelas)48-hour static test. [See Section A. (2)]. Conditions: • There shall be no discharge of floating solids or visible foam in other than trace amounts. • Discharge shall show no evidence as a source for oily film or sheen on the receiving stream. Page 3 of 7 NPDES Permit NC0089842 A (2). ACUTE TOXICITY- MONITOR ONLY [15A NCAC 02B.0200 et seq.] The permittee shall conduct acute toxicity tests on a monthly basis using protocols defined as definitive in EPA Document EPA-821-R-02-012 entitled"Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms."The monitoring shall be performed as a Fathead Minnow (Pimephales promelas)48-hour static test. Effluent samples for self-monitoring purposes must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all waste treatment processes. The parameter code for Pimephales promelas is TAA6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form(MR-1) for the month in which it was performed, using the appropriate parameter code.Additionally,DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests,as well as all dose/response data.Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during any month,the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow"in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3.) 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 final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements Page 4 of 7 NPDES Permit NC0089842 • 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)l The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See"How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21,2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b)Annual Reports. The permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Page 5 of 7 NPDES Permit NC0089842 Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program)that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the"Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://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: Page 6 of 7 NPDES Permit NC0089842 "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 7 of 7 .- , yr' '''\ , . .. r •. 1 ti •• �'.► M4IIL reil: . . t • • • S T .. di if idiggliH fk4k • -myV .. r r ,, .��j d Y~ f • —� •. "• o • // klt , 41. .. ..Ir t - --.."is-- ' ' - 'I'. -14k,s,j„ 411/1( 0 iltilitel Pin • . . .' "----..,.* .):5"' r%Av '-' „&._ 00,..., . Cern.z - :'."- ,, -#7 ; '.',. , . _ .0, dig r/ \e, . i • AI/ Iv III �, - Outfall001 ,, ., le,pfr l ..4)116:11 ram. d �. , / A. �C ! } -sf.' 616 . ,e,. -'."*.4.m... : / ..e '' ,.,,, •-• * N "P).04‘t.,:.. "• C UT to Irwin Creek •> r f Illop. . ov, .i..c.:64%,...10 v. .. 'Aier,v, '- ii, • N. •N• \\ ' ..co)r* S.Agt ic'''. 4?": %.,.. , ,,.4 9'. telli;'. litliPP'744 . , .. / ..-•• . NI .iiip h_ 14 I I I I h I 1 k 14..‘'N\ - - Vsef it..k.,<,,,-...„ , .:-,„. ..., .. 7 • . lopio. _p .'''' 4.87'1" .40'-- f `..... .?i' , . a°, . 'IS110, ‘. • . V::*4 _ , ,,,, , :or •S_ „ .. 410Ipft... 0 _.#. < �`. ^ t Appr: ooh1ki ximate oil10 • ' 1)0,`-. . ;CopyrPght:©201,3 NationaLGeograph`io Society cubed 230 North Tryon LLC - Carolina Theatre N NPDES Permit NC0089842 * Receiving Stream: UT to Irwin Creek Stream Class: C Stream Segment: 11-137-1 Sub-Basin#: 03-08-34 River Basin:Catawba HUC: 030501030101 SCALE 35.233775°N, -80.847011° W County: Mecklenberg 1:10.000 Permit NC0006220 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade I Physical Chemical WPCS [15A NCAC 08G .0302] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Type Sample [eDMR Code] Average Maximum Frequency Location Flow(MGD) [50050] Continuous Recording Effluent Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent pH [00400] >_6.0&<_9.0 standard units 2/Month Grab Effluent Total Residual Chlorine2 [50060] 17 pg/L 2/Month Grab Effluent Turbidity(NTU) [00070] Monitor&Report Monthly Grab Effluent Aluminum(pg/L) [01105] Monitor&Report Quarterly Grab Effluent Manganese(pg/L) [01055] Monitor&Report Quarterly Grab Effluent Total Zinc3(Ng/L) [01092] 135.3 pg/L 134.2 pg/L Monthly Grab Effluent Fluoride(pg/L) [00951] Monitor&Report Quarterly Grab Effluent Total Copper(pg/L) [01042] Monitor&Report Quarterly Grab Effluent Total Phosphorus(TP)(mg/L) [C0665] Monitor&Report Quarterly Grab Effluent Total Nitrogen(TN)(mg/L) [C0600] Monitor&Report Quarterly Grab Effluent Hardness-Total as Monitor&Report Quarterly Grab Effluent [CaCO3 or(Ca+Mg)]4 (mg/L) [00900] Hardness-Total as Monitor&Report Quarterly Grab Upstream [CaCO3 or(Ca+Mg)]5 (mg/L) [00900] Whole Effluent Toxicity Monitoring6 [TGP3B] Monitor&Report Quarterly Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (4)]. 2. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the permit.However,the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 ug/L. 3. See Section A. (3) for a compliance schedule regarding Total Zinc monitoring over the next five years. 4. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals (cadmium, copper, lead, nickel, silver, and zinc). 5. The Permittee shall sample instream hardness,upstream of the facility's discharge. The sample shall be representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the Coalition is representative of the receiving stream for this discharge. The Permittee is Page 3 of 8 Permit NC0006220 responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station,the Permittee will immediately notify the Division and resume sampling for instream hardness, upstream of its discharge. 6. Whole Effluent Toxicity testing: Ceriodaphnia dubia 7 day pass/fail test @ 90%concentration. See Condition A. (2.) for toxicity testing requirements.Toxicity testing should be performed during the months of January, April,July and October. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) CHRONIC TOXICITY MONITORING (QUARTERLY) [15A NCAC 02B .0500 et seq.] The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90 %. The testing shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. The tests will be performed during the months of January,April, July and October. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Environmental Sciences Section 1621 Mail Service Center Raleigh,N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Page 4 of 8 Permit NC0006220 Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation &reporting of the data submitted on the DMR& all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3.) SCHEDULE OF COMPLIANCE (OUTFALL 001) [NCGS 143-215.1(b)] 1. Within one year from the effective date of the permit the Permittee shall submit to the Division of Water Resources a Corrective Action Plan summarizing the actions or strategy to be taken to achieve compliance with the Total Zinc limits at Outfall 001. Specific dates for completion or implementation of each action shall be included. 2. Within two years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 3. Within three years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 4. Within four years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 5. Achieve compliance with Total Zinc limits specified in Section A. (1) within five years of the permit effective date. Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this permit. Any modifications to the schedule shall be requested to the Division at least ninety(90) days before the deadline. Modifications to the schedule in excess of four months will be subject to public notice. A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): Page 5 of 8 Permit NC0006220 • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D.(6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting [Supersedes Section D.(2.)and Section E.(5.)(a)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See"How to Request a Waiver from Electronic Reporting"section below. Regardless of the submission method,the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020,the permittee must electronically report the following compliance monitoring data and reports,when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act(CWA) Section 316(b)Annual Reports. The permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions Page 6 of 8 Permit NC0006220 In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant-discharge-elimination- system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the"Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the p �'y p g following web page: https://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: 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: Page 7 of 8 Permit NC0006220 "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 8 of 8