WQ0011381_Final Permit_20191105

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
LEE SMITH — UTILITIES DIRECTOR
NORTH CAROLINA
Environmental Quality
November 5, 2019
CITY OF HENDERSONVILLE
305 WILLIAMS STREET
HENDERSONVILLE, NORTH CAROLINA 28792
Subject: Permit No. WQ0011381
City of Hendersonville DCAR
Distribution of Class A
Residuals
Henderson County
Dear Mr. Smith:
In accordance with your permit renewal request received August 7, 2019, and subsequent additional
information received November 5, 2019, we are forwarding herewith Permit No. WQ0011381 dated
November 5, 2019, to the City of Hendersonville for the operation of the subject residuals management
program. Please note that this renewed permit shall become effective on February 1, 2020 (i.e., the day
after the expiration date of the existing permit).
Modifications to the subject permit are as follows: The permitted tonnage of Class A residuals that
is allowed in this permit has been dropped to zero dry tons per year. In order to for this permit to be able to
distribute Class A residuals, the Permittee shall submit a major modification request in accordance with
15A NCAC 02T .1104.
This permit shall be effective from February 1, 2020 through September 30, 2025, shall void Permit
No. WQ0011381 issued October 1, 2014, and shall be subject to the conditions and limitations as specified
therein. The Permittee shall submit a renewal application no later than April 3, 2025.
Please pay particular attention to the monitoring requirements listed in Attachment A for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit conditions since the last permit issuance dated
October 1, 2014:
➢ Old Condition II.7. — This condition has been removed because this is not a surface disposal
unit permit.
➢ Old Condition I1.8. and 11.9. — These setback conditions have been consolidated into the new
Condition II.7.
➢ Old Condition II1.7. — This condition has been removed because it is covered under condition
II1.8.
➢ Old Condition III.81.
— Soil pH requirements for land application have been removed.
North Carolina Department of Environmental Quality I Division of Water Resources
�YE JJ
v
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Norm caaouNa
om�Qa
919.707.9000

Mr. Lee Smith
November 5, 2019
Page 2 of 2
➢ Old Condition I1I.9. and 111.10. — These conditions have been removed because Utilization
Agreements are no longer required.
➢ Old Condition IV.61 — This condition has been removed.
➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated October 1, 2014:
➢ Condition 11.7. — All setbacks applicable to the 15A NCAC 02H .02190) rules at the time of
permitting have been added to the treatment and storage site setbacks. Setbacks to land applied
bulk residuals have been updated to meet the current 15A NCAC 02T .1108 rules.
➢ Condition III.6. — Class A residuals may be staged at the land application site for up to 30 days
for biological residuals and 60 days for non -biological residuals.
➢ Condition 111.8.1. — Residual land application may not occur if the land application sites are
located within a WS-1 watershed pursuant to 15A NCAC 02B .0212 or within the Critical Area
of a WS-11, WS-III, or WS-IV watershed.
➢ Condition VI.8. — This permit shall not be renewed if the Permittee or any affiliation has not
paid the required annual fee.
➢ Attachment A — The permitted tonnage of Class A residuals that is allowed in this permit has
been dropped to zero dry tons per year.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Erick Saunders at (919)
707-3659 or erickson.saundersncdenr.gov.
Sincerely,
,?.Linda Culpepper, Director
Division of Water Resources
cc: Henderson County Health Department (Electronic Copy)
Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
1.7.1613 011
DISTRIBUTION OF CLASS A RESIDUALS PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
City of Hendersonville
Henderson County
FOR THE
operation of a residuals management program for the City of Hendersonville and consisting of the
distribution of Class A residuals generated by the approved facility listed in Attachment A, with no
discharge of wastes to surface waters, pursuant to the application received August 7, 2019, subsequent
additional information received November 5, 2019, and in conformity with other supporting data
subsequently filed and approved by the Department of Environmental Quality and considered a part of this
permit. The disposal of residuals is regulated under Title 40 Code of Federal Regulations Part 503. This
permit does not exempt the Permittee from complying with Federal Regulation 40 CFR Part 503.
This permit shall be effective from February 1, 2020 through September 30, 2025, shall void Permit No.
WQ0011381 issued October 1, 2014, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than April 3,
2025. [15A NCAC 02T .0105(b), 02T .0109]
H. PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject residuals management program so there is no
discharge to surface waters, nor any contravention of groundwater or surface water standards. In the
event the residuals management program fails to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease
distributing residuals, take immediate corrective actions, and contact the Asheville Regional Office
supervisor. [15ANCACO2T.0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this residuals management program. [15A NCAC 02T
.0108(b)(1)(A)]
3. Only residuals generated by the facility listed in Attachment A are approved for distribution in
accordance with this permit. [ 15A NCAC 02T .1101 ]
WQ0011381 Version 4.0 Shell Version 190710 Page 1 of 10

4. Pollutant concentrations in distributed residuals shall not exceed the following Ceiling Concentrations
or Monthly Average Concentrations, on a dry weight basis:
Parameter
Ceiling Concentration
Monthly Average
Concentration
(mg/kg)
(m9/k9)
41
Arsenic
75
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
N/A
Nickel
420
420
100
Selenium
100
Zinc
7,500
2,800
[15A NCAC 02T 1105(a), 02T .1105(c)]
5. Class A biological residuals shall meet the pathogen reduction requirements in 15A NCAC 02T
.1106(a). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T
.1106(a), 02T .1106(d)]
6. Class A biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC
02T .1107(a). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T
.1107(a), 02T .1107(c)]
7. The facilities and sites herein were permitted per the following setbacks:
a. Setbacks for Class A land application sites are as follows (all distances in feet):
Liquid Cake
Residuals Residuals 1
i. Each private or public water supply source:
100
100
ii. Surface waters such as intermittent and perennial streams, perennial
100
25
waterbodies, and wetlands:
iii. Surface water diversions such as ephemeral streams, waterways, and
25
0
ditches:
iv. Groundwater lowering ditches where the bottom of the ditch
25
0
intersects the SHWT:
v. Each well with exception of monitoring wells:
100
100
vi. Bedrock outcrops:
25
0
' Unless otherwise noted in Attachment A, "cake" residuals are those that have greater than 15%
solids by weight and can be stacked without flowing, as well as can be handled, transported
and spread as a solid (e.g., using a backhoe, front end loader, slinger spreader, broadcast
spreader or other equipment designed for handling solid materials) without leaving any
significant liquid fraction behind.
[15A NCAC 02T. I 108(b)]
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8. Residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of
agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements
based on the determined Realistic Yield Expectations (RYE) using any of the following methods:
a. Division's pre -approved site specific historical data for specific crop or soil types by calculating
the mean of the best three yields of the last five consecutive crop harvests for each field.
b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State
University Department of Soil Science (h0://nutrients.soil.ncsu.edu/yields/index.phg). A copy
shall be kept on file and reprinted every five years in accordance with Condition IV.6.
c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE
and appropriate nutrient application rates reported in any of the following documents:
i. Crop management plan as outlined by the local Cooperative Extension Office, the North
Carolina Department of Agriculture and Consumer Services, the Natural Resource
Conservation Service, or other agronomist.
ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance
Document: Chapter 1
(http://www.ncagr.aov/SWC/tech/documents/9th_Guidance Doc 100109.pdf).
iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation
Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management
Standards (ftp 6lb-fc.sc.egov.usda.gov!NHQ/practice-standards/standards/590.pdf).
d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall
contact the Division to determine necessary action.
[I 5A NCAC 02T . 1109(a)(1)(K)]
9. Prior to distributing Class A residuals that have a sodium adsorption ratio (SAR) of 10 or higher, the
Permittee shall obtain and implement recommendations from at least one of the following: the local
Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural
Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The
recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a
mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall
maintain written records of these recommendations and details of their implementation. The Permittee
shall notify third -party entities of the effects of a high SAR content residuals on their receiving sites.
[15A NCAC 02T .0108(b)(1)(A)]
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III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the residuals management program as a non -discharge system.
[15A NCAC 02T. 11001
2. The Permittee shall maintain a Division -approved Operation and Maintenance Plan that shall include:
a. Description of the program, and associated facilities and equipment, in sufficient detail to show
what operations are necessary for the program to function and by whom the functions are to be
conducted;
b. Description of anticipated maintenance of facilities and equipment associated with the program;
c. Include provisions for safety measures, including restriction of access to sites and equipment;
d. Spill control provisions:
i. Response to upsets and bypasses including control, containment, and remediation; and
ii. Contact information for plant personnel, emergency responders, and regulatory agencies;
e. Detailed inspection procedures:
i. Names or titles of personnel responsible for conducting inspections;
ii. Frequency and location of inspections, and procedures to assure that the selected locations and
inspection frequency are representative of the residuals management program; and
iii. Description of record keeping and actions to be taken by the inspector in the event that
noncompliance is observed;
f. Detailed sampling and monitoring procedures:
i. Names or titles of personnel responsible for conducting sampling and monitoring;
ii. Description of monitoring procedures including parameters to be monitored; and
iii. Sampling frequency and procedures to assure that representative samples are collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for any
foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to
meet pathogen and vector attraction reduction requirements.
[15A NCAC 02T. 111 0(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the residuals management program, the Permittee shall designate and employ a
certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs.
The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G 0204 and shall
comply with all other requirement in 15A NCAC 08G 0204. [15A NCAC 02T .0117, 08G .0204]
4. The Permittee shall ensure that a copy of this permit and the Division -approved Operation and
Maintenance Plan is available when land applying bulk Class A residuals. [15A NCAC 02T .1110(b)]
5. The Permittee shall ensure that spill control provisions are available when transporting or land applying
bulk Class A residuals. [15A NCAC 02T .1110(a)(4)]
6. Class A residuals may be staged at the land application site for up to 30 days for biological residuals
and 60 days for non -biological residuals. Class A residuals shall be stored or staged in a manner to
prevent runoff of leachate and other wastewaters generated. [15A NCAC 02T .I I I0(c), 02T .1110(d)]
7 Adequate measures shall be taken to prevent wind erosion and runoff from the bulk Class A residual
land application sites. [15A NCAC 02T .0108(b)(1)(A)]
WQ0011381 Version 4.0 Shell Version 190710 Page 4 of 10

8. Bulk Class A residuals shall not be land applied under the following conditions:
a. If the residuals are likely to adversely affect a threatened or endangered species listed under section
4 of the Endangered Species Act or its designated critical habitat;
b. If the application causes nuisance conditions;
c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface
water or groundwater standards;
d. If the land is flooded, frozen, or snow-covered, or is otherwise in a condition such that runoff of
the residuals would occur;
e. Within the 100-year flood elevation, unless the residuals are injected or incorporated within a 24-
hour period following a residuals land application event;
f. During precipitation events, or within 24 hours following a rainfall event of 0.5 inches or greater
in a 24-hour period;
g. If the slope of the land is greater than 10% when liquid residuals are surface applied, or if the slope
of the land is greater than 18% when liquid residuals are injected or incorporated;
h. If the land does not have an established vegetative cover crop unless the land is a Division -approved
no -till site, or the residuals are injected, or incorporated within a 24-hour period following the
application of residuals;
i. If the vertical separation of the seasonal high water table and the depth of residuals application is
less than one foot;
j. If the vertical separation of the depth to bedrock and the depth of residuals application is less than
one foot;
k. If the application exceeds agronomic rates; or
1. If the land application sites are located within a WS-1 watershed pursuant to 15A NCAC 02B .0212
or within the Critical Area of a WS-II pursuant to Sub -Item (4)(g) of Rule 15A NCAC 02B .0212,
or within the Critical Area of a WS-III or WS-IV watershed pursuant to Sub -Item (4)(h) of Rules
15A NCAC 02B .0215, and .0216.
[15A NCAC 02T .I 109(a)(1), 02T .I 109(b)]
9. The Permittee shall notify all third -party entities receiving bulk Class A residuals that land application
activities occurring on the third -parry's property shall meet the requirements in 15A NCAC 02T
.1108(b) and 02T .1109(a)(1) (i.e., Conditions II.7.a. and III.8., respectively). [15A NCAC 02T
.1103(a)(4), 02T .I 103(a)(5)]
10. Bagged or other container Class A residuals shall have an affixed label or an information sheet provided
to the person receiving the Class A residuals. The label or information sheet shall contain the following:
a. The name and address of the person who prepared the residuals;
b. A statement that residual land application is prohibited except in accordance with the instructions
on the label or information sheet;
c. A statement that the residuals shall be applied at agronomic rates and recommended rates for its
intended use.
[I 5A NCAC 02T .1109(c)]
11. The Permittee shall not distribute bulk Class A residuals to any person or entity known to be applying
residuals contrary to the conditions of this permit. The Permittee shall report to the Asheville Regional
Office any person or entity known to be applying residuals contrary to the conditions of this permit.
[15A NCAC 02T .0I08(b)(1)(A)]
WQ0011381 Version 4.0 Shell Version 190710 Page 5 of 10

IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
program's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. The residuals from each source generating facility shall be analyzed to demonstrate they are non-
hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that test or are
classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be land applied. The analyses
(i.e., corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)) shall be
performed at the frequency specified in Attachment A, and the Permittee shall maintain these results
for five years. Any exemptions from the requirements in this condition shall be specified in Attachment
A. The TCLP analysis shall include the following parameters, and the Federal regulatory level (mg/L)
is in parentheses:
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Heptachlor (and its epoxide)
0.008)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Hexachlorobenzene (0.13)
Toxaphene (0.5)
Chloroform (6.0)
Hexachlorobutadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0)
2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4)
2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
Once the residuals have been monitored for two years at the frequency specified in Attachment A, the
Permittee may submit a permit modification request to reduce the frequency of this monitoring
requirement. In no case shall the monitoring frequency be less than once per permit cycle.
[15A NCAC 13A .0102(b), 02T .1101, 02T .l 105]
WQ0011381 Version 4.0 Shell Version 190710 Page 6 of 10

3. The residuals from each source generating facility shall be analyzed at the frequency specified in
Attachment A, and the Permittee shall maintain the results for a minimum of five years. Each analysis
shall include the following parameters:
Aluminum
Mercury
Potassium
Ammonia -Nitrogen
Molybdenum
Selenium
Arsenic
Nickel
Sodium
Cadmium
Nitrate -Nitrite Nitrogen
Sodium. Adsorption Ratio
(SAR)
TKN
Calcium
Percent Total Solids
Copper
pH
Zinc
Lead
Phosphorus
Plant Available Nitrogen
(by calculation)
Magnesium
[15A NCAC 02T .1101]
4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction
requirements at the frequency specified in Attachment A. The monitoring results shall specify the
stabilization process utilized, and demonstrate compliance with the Class A pathogen reduction
requirements in 15A NCAC 02T .1106(a), and one vector attraction reduction requirement in 15A
NCAC 02T .1107(a) shall be met. Any exemptions from the requirements in this condition shall be
specified in Attachment A. [15A NCAC 02T .1106(a), 02T .1107(a), 02T .1111(c)]
5. Representative samples of residuals that are prepared for distribution shall be collected and analyzed.
[15A NCAC 02T .l I I l(a)]
6. The Permittee shall maintain records for all bulk Class A residual distribution events. These records
shall include the following:
a. Residuals source (as listed in Attachment A);
b. Date of distribution;
c. Name and address of residuals recipient;
d. Volume of residuals distributed to each recipient; and
e. Intended use of residuals.
[15A NCAC 02T .0108(c)]
7. One hard copy and one electronic copy of an annual report shall be submitted on or before March lst
The annual report shall meet the requirements described in the Instructions for Residuals Application
Annual Reporting Forms. Instructions for reporting and annual report forms are available at
httu://deu .nc. aov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non-
discharge-permitting-unit/reporting-forms, or can be obtained by contacting the Non -Discharge Branch
directly. The annual report shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T. I I I l(d)]
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V.
8. Noncompliance Notification
The Permittee shall report to the Asheville Regional Office, telephone number [phone], within
24 hours of first knowledge of the:
a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate residual treatment.
b. Any failure resulting in a discharge to surface waters.
c. Any time self -monitoring indicates the program has gone out of compliance with its permit
limitations.
d. Distribution of residuals abnormal in quantity or characteristic.
e. Any discharge from a vehicle or piping system transporting residuals.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Asheville Regional Office within five days
of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee's
storage and distribution facilities. [15A NCAC 02T .1110(f)]
2. The Permittee shall inspect the Permittee's residuals processing, storage, and transport facilities to
prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes
to the environment, threats to human health, or public nuisances. The Permittee shall maintain an
inspection log that includes the date and time of inspection, observations made, and maintenance,
repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five
years from the date of inspection, and this log shall be made available to the Division upon request.
[15A NCAC 02T .0108(b)(1)(A), 02T .1110(f)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the distribution sites or facilities permitted herein at any
reasonable time for determining compliance with this permit. Division authorized representatives may
inspect or copy records maintained under the terms and conditions of this permit, and may collect
groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
WQ0011381 Version 4.0 Shell Version 190710 Page 8 of 10

VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted residuals program change ownership, or the Permittee changes their name, the
Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall
comply with all terms and conditions of this permit until the permit is transferred to the successor -
owner. [G.S. 143-215.1(d3)]
6. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[I 5A NCAC 02T .0110]
WQ0011381 Version 4.0 Shell Version 190710 Page 9 of 10

7. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
8. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 5' day of November 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,;Linda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0011381
WQ0011381 Version 4.0 Shell Version 190710 Page 10 of 10

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