HomeMy WebLinkAboutNC0089630_Permit (Issuance)_20191104ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Ms. Jacqueline A. Jarrell
Charlotte Water
4222 Westmont Drive
Charlotte, North Carolina 28217
Dear Ms. Jarrell:
NORTH CAROLINA
Environmental Quality
November 4, 2019
Subject: Issuance of NPDES Permit NCO089630
Joe C. Stowe, Jr. Regional Water
Resources Reclamation Facility
Mecklenburg County
SIC 4952, Grade IV Facility
In accordance with Charlotte Water's application for a discharge permit, and after considering
comments regarding the draft permit, the Division of Water Resources is forwarding herewith
the subject NPDES permit for the Joe C. Stowe, Jr. Regional Water Resources Reclamation
Facility. This permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
The Division published notice of the draft permit on August 22, 2019 in the Charlotte Observer.
No comments were received except those from Charlotte Water. Responses to the comments
can be found at the end of the revised Fact Sheet, which is attached.
The final permit includes several corrections and changes to the draft permit:
• Typographical Errors. The noted errors in the permit and fact sheet have been corrected.
• Instream Monitoring Locations. Footnote 1 in Condition A.(4.), Instream Monitoring
Requirements, has been revised to allow the Division to relocate the upstream and
downstream sampling locations without further public review.
• Mercury Minimization Plan (MMPJ. The MMP requirement, Condition A.(5.) in the draft
permit, has been removed. Condition A.(6.), Effluent Pollutant Scan and Second -Species
Toxicity Testing, requires annual sampling of mercury (and other priority pollutants) in the
first three years of discharge. The Division will determine the necessary mercury controls
based on an evaluation of those results.
• Effluent Hardness Sam lames. Per the 2016 NPDES Implementation of Instream Dissolved
Metal Standards memo, a footnote stating, "Effluent hardness sampling should be
performed in conjunction with testing for hardness dependent metals (cadmium, copper,
lead, nickel, silver, and zinc);' should be added to permits with effluent hardness sampling
requirements. For clarification, when quarterly hardness sampling is conducted, as required
D_E Q 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
Ms. Jacqueline A. Jarrell
Issuance of NPDES Permit NCO089630
Joe C. Stowe, Jr. Regional Water Resources Reclamation Facility
November 4, 2019
in the permit, the sampling shall be performed in conjunction with hardness -dependent
metals sampling. Should Charlotte Water sample for metals more frequently than quarterly,
the extra samples need not be sampled in conjunction with hardness.
• Total Recoverable Chlorine. The Division's standard practice for TRC, which is described in
the 10/5/2016 memorandum on "Current NC NPDES Permitting Practices' for freshwater
aquatic life, calls for TRC limits to be expressed as a Daily Maximum only. The Monthly
Average TRC limit of 17 µg/L is inconsistent with the practice and has been removed from
Conditions (A.)(1.) and (A.)(2.). The Daily Maximum limit of 28 µg/L remains.
• Whole Effluent Toxicity. The quarterly WET testing schedule has been changed to March,
June, October, and December, as requested. In addition, the condition now provides an
email address for electronic submittal of test results.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not
affect the legal requirements to obtain any other Federal, State, or Local governmental permit
that may be required. If you have any questions concerning the permit, please contact Mike
Templeton at (919) 707-3603 or at mike.temVIeton@ncdenr.g_ov.
Sincerely,
L
da G 1r r
irector
Enclosure: Final Permit and Fact Sheet, NCO089630
Copies (with encl.): NPDES Files
Randy Stewart, South Carolina DHEC, Division of Water Pollution Control, 2600 Bull Street,
Columbia, SC 29201-1708
eCopies (with encl.): NPDES Permitting Section, EPA Region IV
Corey Basinger, DWR Mooresville Regional Office, Surface Water Protection
Richard Farmer, Mecklenburg County
DWR Basin Planning Branch
Maureen McKinney, DWR Wastewater Operator Certification Group
Hannah Headrick, DWR Water Sciences Section
Permit NCO089630
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Charlotte Water
is hereby authorized to discharge wastewater from a facility located at the
Joe C. Stowe, Jr. Regional Water Resources Reclamation Facility
800 Hawfield Road, Charlotte
(Long Creek Pump Station Access)
Mecklenburg County
to receiving waters designated as the Catawba River in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, Il,
III and IV hereof.
This permit shall become effective................................................................................................. December 1, 2019.
This permit and authorization to discharge shall expire at midnight on .............................. November 30, 2024
Signed this day .................... November 4, 2019.
"a Culpepper,Vre�cv
I-Wision of Water Resources
By Authority of the Environmental Management Commission
Permit NCO089630
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this
permit 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 included herein.
Charlotte Water
is hereby authorized to:
1. Upon receipt of an Authorization to Construct from the Division of Water Resources, construct and
operate Phase 1 of the Joe C. Stowe, Jr. Regional Water Resources Reclamation Facility, a 15.0 MGD
wastewater treatment facility to be located at 800 Hawfield Road, Charlotte, in Mecklenburg County;
and
2. Upon receipt of an Authorization to Construct from the Division of Water Resources, construct and
operate the Phase 2 expansion of the facility with a design flow of 25.0 MGD; and
3. Upon receipt of Authorizations to Operate from the Division of Water Resources as specified herein,
discharge treated wastewaters from said treatment works into the Catawba River, a Class WS IV, CA
water in the Catawba River Basin, at the location specified on the attached map.
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ch
Charlotte Water — Joe C. Stowe, Jr. RWRRF
N NCO089630
X
County: Mecklenburg
SCALE o Receiving Stream: Catawba River
USGS Quad #: Stream Classification: WS-IV, CA
("
E17NW (Mount Holly), 1= 2000 River Basin: Catawba
E17NE (Mountain Island Lake) 1000') Sub -Basin/ 8-Digit HUC #: 03-08-33/ 03050101
iii
Permit NCO089630
CONTENTS
PERMIT.............................................................................................................................................................................. i
PART I - MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES .....................1
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -15 MGD ..............................1
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 25 MGD ..............................2
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.................................................3
A.(4.) INSTREAM MONITORING REQUIREMENTS.......................................................................................4
A.(5.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT................................................................................5
A.(6.) EFFLUENT POLLUTANT SCAN AND SECOND -SPECIES TOXICITY TESTING ............................6
A.(7.) TOTAL NITROGEN AND TOTAL PHOSPHORUS LIMITS.................................................................7
A.(8.) NUTRIENT ALLOCATIONS......................................................................................................................8
A.(9.) CALCULATION AND REPORTING OF TOTAL NITROGEN AND TOTAL PHOSPHORUS
LOADS....................................................................................................................................................................10
A.(10.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS.....................................11
PART II - STANDARD CONDITIONS FOR NPDES PERMITS
PART III - OTHER REQUIREMENTS
PART IV - SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
iv
Permit NCO089630
PART I - MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -15 MGD
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade IV Biological WPCS [15A NCAC 08G .0302]
(a.) During the period beginning on the effective date of this permit and conditioned upon submittal of
the engineer's certification of construction of the 15.0 MGD facility and receipt of an Authorization to
Operate per Condition A.(3.) of this permit, and lasting until expansion to 25.0 MGD capacity or until
permit expiration, whichever is sooner, the Permittee is authorized to discharge treated wastewaters
from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified in this
condition and in Condition A.(3.):
PARAMETER
Parameter Code
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 1
Flow 50050
15.0 MGD
Continuous
Recording
I or E
Total Monthly Flow (MG) 82220
Monitor and Report
Monthly
Recorded or
Calculated
I or E
CBOD5 (Summer) 2.3 Booaz
4.2 mg/L
6.3 mg/L
Daily
Composite
I, E
CBOD5 (Winter) 2-3 80082
8.3 mg/L
12.5 mg/L
Daily
Composite
I, E
Total Suspended Solids z C0530
30 mg/L
45 mg/L
Daily
Composite
I, E
NH3-N C0610
1.0 mg/L
3.0 mg/L
Daily
Composite
E
Dissolved Oxygen 00300
Daily average >: 6.0 mg/L
Daily
Grab
E
Fecal Coliform (geometric mean) 31616
200/100 mL
400/100 mL
Daily
Grab
E
Total Residual Chlorine 4 50060
1 28 Ng/L
Daily
Grab
E
pH 5 00400
>_ 6.0 and :5 9.0 standard units
Daily
Grab
E
Temperature (°C) 00100
1
1
Daily
Grab
E
TKN (mg/L) 00625
Monitor and Report
Weekly
Composite
E
NO3-N + NO2-N (mg/L) 00630
Monitor and Report
Weekly
Composite
E
Total Nitrogen (mg/L) 6 C0600
Monitor and Report
Weekly
Composite
E
TN Load 7 QM600
Monitor and Report (lb/mo)
Monthly
Calculated
E
Total Phosphorus (mg/L) 6 C0665
Monitor and Report
Weekly
Composite
E
TP Load 7 QM665
Monitor and Report (lb/mo)
Monthly
Calculated
E
Total Hardness (mg/L as CaCO3) 8 00900
Quarterly
Composite
E
Chronic Toxicity 9,10 TGP3B
P/F at 19.7%
Quarterly
Composite
E
Effluent Pollutant Scan NC01
Monitor and Report
Footnote 10
Footnote 10
E
Footnotes:
1. Sample locations: E = Effluent, I = Influent.
2. The monthly average effluent CBOD5 and Total Suspended Solids concentrations shall not exceed 15% of the
respective influent value (i.e., 85% removal is required).
3. Summer is defined as April 1 - October 31. Winter is defined as November 1 - March 31.
4. TRC limits and monitoring requirements apply only if chlorine or chlorine derivatives are used for
disinfection. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory
[including field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. 6
V5 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.l+wC_4_ A
6. Total Nitrogen (TN) is defined as NO3-N + NO2-N + TKN, where NO3-N is nitrate nitrogen, NO2-N is nitrite
nitrogen, and TKN is total Kjeldahl nitrogen. TP is Total Phosphorus.
7. See Condition A.(9.) regarding calculation and reporting of seasonal and annual mass loads.
8. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals
(cadmium, copper, lead, nickel, silver, and zinc).
9. See condition A.(5.), Chronic Toxicity; tests performed during March, June, September, and December.
10. See Special Condition A.(6.) Effluent Pollutant Scan and Second -Species Toxicity Testing.
(b.) There shall be no discharge of floating solids or visible foam in other than trace amounts.
Part I, Page 1 of 12
Permit NCO089630
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 25 MGD
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade IV Biological WPCS [15A NCAC 08G .0302]
(a.) Beginning upon expansion to 25.0 MGD capacity and conditioned upon submittal of the engineer's
certification of construction of the 25 MGD facility and receipt of an Authorization to Operate per
Condition A.(3.) of this permit, and lasting until permit expiration, the Permittee is authorized to
discharge treated wastewaters from Outfall 001. Such discharges shall be limited and monitored by
the Permittee as specified in this condition and in Condition A.(3.):
PARAMETER
Parameter Code
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location'
Flow 50050
25.0 MGD
Continuous
Recording
I or E
Total Monthly Flow (MG) 82220
Monitor and Report
Monthly
Recorded or
Calculated
I or E
CBOD5 (Summer) 2-3 80082
4.2 mg/L
6.3 mg/L
Daily
Composite
I, E
CBOD5 (Winter) 2.3 80082
8.3 mg/L
12.5 mg/L
Daily
Composite
I, E
Total Suspended Solids 2 C0530
30 mg/L
45 mg/L
Daily
Composite
I, E
NH3-N C0610
1.0 mg/L
3.0 mg/L
Daily
Composite
E
Dissolved Oxygen 00300
Daily average >- 7.0 mg/L 4
Daily
Grab
E
Fecal Coliform (geometric mean) 31616
200/100 mL
400/100 mL
Daily
Grab
E
Total Residual Chlorine 5 50060
28 pg/L
Daily
Grab
E
pH 6 00400
>_ 6.0 and <- 9.0 standard units
Daily
Grab
E
Temperature (°C) 00100
1
1Daily
Grab
E
TKN (mg/L) 00625
Monitor and Report
Weekly
Composite
E
NO3-N + NO2-N (mg/L) 00630
Monitor and Report
Weekly
Composite
E
Total Nitrogen (mg/L) 7 C0600
Monitor and Report
Weekly
Composite
E
TN Load 8 QM600
Monitor and Report (lb/mo)
Monthly
Calculated
E
Total Phosphorus (mg/L) 7 C0665
Monitor and Report
Weekly
Composite
E
TP Load 8 QM665
Monitor and Report (lb/mo)
Monthly
Calculated
E
Total Hardness (mg/L as CaCO3) 9 00900
Quarterly
Composite
E
Chronic Toxicity 10,11 rGP3e
P/F at 29.0%
Quarterly
Composite
E
Effluent Pollutant Scan NC01
Monitor and Report
Footnote 11
Footnote 11
E
Footnotes:
1. Sample locations: E = Effluent, I = Influent.
2. The monthly average effluent CBOD5 and Total Suspended Solids concentrations shall not exceed 15% of the
respective influent value (i.e., 85% removal is required).
3. Summer is defined as April 1 - October 31. Winter is defined as November 1 - March 31.
4. The Division may lower the Dissolved Oxygen limit to as low as 6.0 mg/L without modification of this permit
provided that the Permittee further evaluates the potential impact of its Phase 2 discharge and demonstrates to
the Divisions satisfaction that, at the full permitted flow and the lower D.O. limit concentration, the discharge
would not cause a violation of the D.O. surface water quality standard.
5. TRC limits and monitoring requirements apply only if chlorine or chlorine derivatives are used for
disinfection. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory
[including field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes.
6. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
7. Total Nitrogen (TN) is defined as NO3-N + NO2-N + TKN, where NO3-N is nitrate nitrogen, NO2-N is nitrite
nitrogen, and TKN is total Kjeldahl nitrogen. TP is Total Phosphorus.
8. See Condition A. (9.) regarding calculation and reporting of seasonal and annual mass loads.
9. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals
(cadmium, copper, lead, nickel, silver, and zinc).
10. See condition A.(5.), Chronic Toxicity; tests performed during March, June, September, and December.
11. See Special Condition A.(6.) Effluent Pollutant Scan and Second -Species Toxicity Testing.
Part I, Page 2 of 12
Permit NCO089630
(b.) There shall be no discharge of floating solids or visible foam in other than trace amounts.
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade IV Biological WPCS [15A NCAC 08G .0302]
(a.) During the period beginning on the effective date of this permit and lasting until receipt of an
Authorization to Operate in accordance with paragraph (c), (d.), or (e.) of this Condition or until
permit expiration, whichever is sooner, the Permittee shall not discharge wastes to surface waters of
the state.
(b.) The Permittee shall notify the Division in writing of the intended date of connection of the City of
Belmont wastewater collection system and the intended date of connection of the City of Mount Holly
wastewater collection system to the Joe Stowe, Jr. Regional WRRF no later in each case than 60 days
prior to the intended date of connection.
(c.) Mount Holly connection. During the period beginning upon connection of Mount Holly and receipt of
an Authorization to Operate and lasting until connection of Belmont or permit expiration, whichever
is sooner, the Permittee is authorized to discharge treated wastewaters from Outfall 001. Such
discharges shall be limited and monitored by the Permittee as specified below and in Condition A.(1.)
[15.0 MGD] or A.(2.) [25.0 MGD] of this permit, whichever is effective:
PARAMETER
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 1
Parameter Code
TN Load 2-3 Q5600
Qs600
111,973 lb/summer
124,345lb/winter
Seasonally
Seasonally
Calculated
Calculated
E
TP Load 3 Qr665
31,405 Ib/yr
Annually
Calculated
E
Footnotes:
1. Sample locations: E = Effluent, I = Influent.
2. Summer is defined as April 1 - October 31. Winter is defined as November 1 - March 31.
3. See Condition A.(9.) regarding calculation and reporting of seasonal and annual mass loads.
(d.) Belmont connection. During the period beginning upon connection of Belmont and receipt of an
Authorization to Operate and lasting until connection of Mount Holly or permit expiration, whichever
is sooner, the Permittee is authorized to discharge treated wastewaters from Outfall 001. Such
discharges shall be limited and monitored by the Permittee as specified below and in Condition A.(1.)
[15.0 MGD] or A.(2.) [25.0 MGD] of this permit, whichever is effective:
PARAMETER
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 1
Parameter Code
TN Load 2.3 Q5600
Q5600
88,656 lb/summer
115,449lb/winter
Seasonally
Seasonally
Calculated
Calculated
E
TP Load 3 Qr665
21,309 Ib/yr
Annually
Calculated
E
Footnotes:
1. Sample locations: E = Effluent, I = Influent.
2. Summer is defined as April 1 - October 31. Winter is defined as November 1 - March 31.
3. See Condition A.(9.) regarding calculation and reporting of seasonal and annual mass loads.
(e.) Mount Holly and Belmont connections -15.0 MGD. During the period beginning upon connection of
both Mount Holly and Belmont and receipt of an Authorization to Operate and lasting until permit
expiration or expansion to 25.0 MGD capacity, whichever is sooner, the Permittee is authorized to
discharge treated wastewaters from Outfall 001 in accordance with the terms and conditions in this
Part I, Page 3 of 12
Permit NCO089630
paragraph and in Condition A.(1.) of this permit:
PARAMETER
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 1
Parameter Code
TN Load 1.3 Q5600
QS600
160,628 lb/summer
226,681lb/winter
Seasonally
Seasonally
Calculated
Calculated
E
TP Load 3 Qr665
45,662 Ib/yr
Annually
Calculated
E
Footnotes:
1. Sample locations: E = Effluent, I = Influent.
2. Summer is defined 910.) regarding calculation and reporting of seasonal and annual mass loads.
(f.) Mount Holly and Belmont connections - 25.0 MGD. During the period beginning upon expansion to
25.0 MGD capacity, connection of both Mount Holly and Belmont, and receipt of an Authorization to
Operate and lasting until permit expiration, the Permittee is authorized to discharge treated
wastewaters from Outfall 001 in accordance with the terms and conditions in this paragraph and in
Condition A.(2.) of this permit::
PARAMETER
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 1
Parameter Code
TN Load 1-3 Q.5600
Q5600
200,629 lb/summer
239,794lb/winter
Seasonally
Seasonally
Calculated
Calculated
E
TP Load 3 Qr665
52,713 Ib/yr
Annually
Calculated
E
Fnn f n ntPr,
1. Sample locations: E = Effluent, I = Influent.
2. Summer is defined as April 1 - October 31. Winter is defined as November 1 - March 31.
3. See Condition A.(9.) regarding calculation and reporting of seasonal and annual mass loads.
A.(4.) INSTREAM MONITORING REQUIREMENTS
[15A NCAC 02B .0500 et seq.]
During the period beginning on submittal of the engineer's certification of construction of the 15.0 MGD
facility and lasting until expiration, the Permittee shall conduct instream monitoring as specified below:
PARAMETER
FREQUENCY
SAMPLE
TYPE
SAMPLING
LOCATION
Dissolved Oxygen (mg/L)
Footnote 2
Grab
U & D
Temperature (°C)
Footnote 2
Grab
U & D
Conductivity (pmho/cm)
Footnote 2
Grab
U & D
pH (S.U.)
Footnote 2
Grab
U & D
Total Nitrogen (mg/L)
Footnote 2
Grab
U & D
Total Phosphorus (mg/L)
Footnote 2
Grab
U & D
Hardness (mg/L as CaCO3)
Quarterly
Grab
U
Fnntnnta-
1. U = upstream at NC Highway 27 bridge. D = downstream at I-85. Upon written request and justification by the
Permittee, the Division may, without further review, modify this permit to move these sampling locations to
other representative locations.
2. Instream samples shall be grab samples taken 3/week (June -September) and 1/week (October -May).
Part I, Page 4 of 12
Permit NCO089630
A.(5.) CHRONIC TOXICITY PERMIT LIMIT
[15A NCAC 02B .0200]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality
to Ceriodaphnia dubia at an effluent concentration of 19.70/0 (15.0 MGD) or 29.0% (25.0 MGD).
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure" (Revised December 2010, or subsequent
versions) or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- December
2010 or subsequent versions). The tests will be performed during the months of March, June, September,
and December. 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.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two
following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised -December 2010 or subsequent versions).
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B
for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be
sent to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Or, results can be sent to the email, ATForms.ATB@ncdenr.gov.
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, accurate, include all supporting chemical/ physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. 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 Water
Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring
will be required during the following month. Assessment of toxicity compliance is based on the toxicity
testing quarter, which is the three-month time interval that begins on the first day of the month in which
toxicity testing is required by this permit and continues until the final day of the third month.
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.
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.
Part I, Page 5 of 12
Permit NCO089630
A.(6.) EFFLUENT POLLUTANT SCAN AND SECOND -SPECIES TOXICITY TESTING
[G.S. 143-215.1(b)]
(a.) Effluent Scans. In each of the first three years of discharge from this facility, the Permittee shall
perform an Effluent Pollutant Scan for all parameters listed below. Analytical methods shall be in
accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine whether parameters
are present in concentrations greater than applicable standards and criteria. Samples should be
collected with one quarterly toxicity test each year and must represent seasonal variation (i.e., not
collected in the same quarter every year). Unless otherwise indicated, metals shall be analyzed as
"total recoverable."
Ammonia (as N)
Trans-1,2-dichloroethylene
Bis (2-chloroethyl) ether
Chlorine (total residual, TRC)
1,1-dichloroethylene
Bis (2-chloroisopropyl) ether
Dissolved oxygen
1,2-dichloropropane
Bis (2-ethylhexyl) phthalate
Nitrate/Nitrite
1,3-dichloropropylene
4-bromophenyl phenyl ether
Kjeldahl nitrogen
Ethylbenzene
Butyl benzyl phthalate
Oil and grease
Methyl bromide
2-chloronaphthalene
Phosphorus
Methyl chloride
4-chlorophenyl phenyl ether
Total dissolved solids
Methylene chloride
Chrysene
Hardness
1,1,2,2-tetrachloroethane
Di-n-butyl phthalate
Antimony
Tetrachloroethylene
Di-n-octyl phthalate
Arsenic
Toluene
Dibenzo(a,h)anth racene
Beryllium
1,1,1-trichloroethane
1,2-dichlorobenzene
Cadmium
1,1,2-trichloroethane
1,3-dichlorobenzene
Chromium
Trichloroethylene
1,4-dichlorobenzene
Copper
Vinyl chloride
3,3-dichlorobenzidine
Lead
Acid -extractable compounds:
Diethyl phthalate
Mercury (EPA Method 1631E)
P-chloro-m-cresol
Dimethyl phthalate
Nickel
2-chlorophenol
2,4-dinitrotoluene
Selenium
2,4-dichlorophenol
2,6-dinitrotoluene
Silver
2,4-dimethylphenol
1,2-diphenylhydrazine
Thallium
4,6-dinitro-o-cresol
Fluoranthene
Zinc
2,4-dinitrophenol
Fluorene
Cyanide
2-nitrophenol
Hexachlorobenzene
Total phenolic compounds
4-nitrophenol
Hexachlorobutadiene
Volatile organic compounds:
Pentachlorophenol
Hexachlorocyclo-pentadiene
Acrolein
Phenol
Hexachloroethane
Acrylonitrile
2,4,6-trichlorophenol
Indeno(1,2,3-cd)pyrene
Benzene
Base -neutral compounds:
Isophorone
Bromoform
Acenaphthene
Naphthalene
Carbon tetrachloride
Acenaphthylene
Nitrobenzene
Chlorobenzene
Anthracene
N-nitrosodi-n-propylamine
Chlorodibromomethane
Benzidine
N-nitrosodimethylamine
Chloroethane
Benzo(a)anthracene
N-nitrosodiphenylamine
2-chloroethylvinylether
Benzo(a)pyrene
Phenanthrene
Chloroform
3.4 benzofluoranthene
Pyrene
Dichlorobromomethane
Benzo(ghi)perylene
1,2,4-trichlorobenzene
1,1-dichloroethane
Benzo(k)fluoranthene
1,2-dichloroethane
Bis (2-chloroethoxy) methane
(b.) Reporting of Scan Results. No later than December 315t of each designated sampling year, the
Permittee shall report the year's test results on its electronic Discharge Monitoring Report for the
sampling date, on DWR Form -A MR-PPA1, or in a form approved by the Director. Printed reports, if
used, shall be submitted to the following address:
NC DEQ / DWR / Water Quality Permitting Section
Attn: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Part I, Page 6 of 12
Permit NCO089630
(c.) Second -Species Toxicity Testing.
(i.) In the four -and -one-half year period prior to application for permit renewal, the Permittee shall
conduct four (4) whole effluent toxicity tests for a second species of test organism in addition to
the tests and species specified in the Chronic Toxicity condition of this permit.
(ii.) The second -species tests shall be conducted either quarterly for a 12-month period or annually
and shall be performed as specified in the Chronic Toxicity condition of this permit.
(d.) Reporting of Toxicity Test Results.
(i.) The multiple species toxicity test results shall be filed with the Aquatic Toxicology Branch at the
following address:
NC DEQ/ DWR/ Water Sciences Section
Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
NOTE: The Aquatic Toxicology Branch (919-743-8401) can provide guidance on conducting the
additional toxicity tests and reporting requirements.
(ii.) Results shall also be summarized in Part E (Toxicity Testing Data) of Application Form 2A when
applying for renewal of this NPDES permit.
A.(7.) TOTAL NITROGEN AND TOTAL PHOSPHORUS LIMITS
[G.S. 143-215.1(b)]
(a.) Total Nitrogen (TN) allocations and load limits for NPDES dischargers in the Lake Wylie watershed
are seasonal (summer and winter) values. Summer is defined as April 1 through October 31, and
winter is defined as November 1 through March 31. Total Phosphorus (TP) allocations and load limits
are annual values and apply on a calendar year basis, January 1 through December 31.
(b.) The TN (or TP) Load limit in this Permit may be modified as the result of allowable changes in the
Permittee's allocation.
(i.) Allowable changes include those transfers resulting from the purchase, sale, trade, or lease of
allocation between the Permittee and other dischargers assigned allocation under the 1995 Lake
Wylie TMDL; regionalization (if both facilities were assigned allocation); and other transactions
approved by the Division.
(ii.) The Permittee may request a modification of the TN (or TP) Load limit in this Permit to reflect
allowable changes in its allocation.
(A) The request must include an analysis demonstrating that change in allocations and limits
does not have a reasonable potential to cause localized water quality impacts.
(B) Upon receipt of timely and proper application, the Division will propose to modify the
permit as appropriate and in accordance with state and federal program requirements.
(C) Changes in TN or TP limits become effective on the first January 1 (annual limit), the first
April 1 (summer limit), or the first November 1 (winter limit) following permit
modification. The Division must receive application no later than 180 days prior to the
requested effective date for any limit change.
(iii.) Any requests for modification should be sent to:
NCDEQ/ DWR/ NPDES Programs
Attn: Nutrient Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
Part I, Page 7 of 12
Permit NCO089630
A.(8.) NUTRIENT ALLOCATIONS
[G.S.143-215.1(B)j
(a.) The following tables list the Total Nitrogen (TN) and Total Phosphorus (TP) allocations acquired by or
transferred to the Permittee in accordance with the 1995 Lake Wylie TMDL and nutrient management
strategy and the status of each as of permit issuance. The allocations in this table are not enforceable
limits nor do they supersede any TN limit(s) established elsewhere in this permit.
(b.) The tables in this paragraph list the allocations held by the Permittee and show their status at permit
issuance. These tables apply until the Permittee is authorized to discharge per Condition A.(3.)(c.),
(d), or (e.). Summer is defined as April 1 - October 31, winter is defined as November 1 - March 31,
and Annual means on a calendar year basis, January 1 - December 31.
Total Nitrogen Allocation at Permit Issuance
ALLOCATION
ALLOCATION
ALLOCATION
TYPE
SOURCE
DATE
SUMMER
WINTER
STATUS
(LB/SEASON)
(LB/SEASON)
Supplemental
Purchase from Clariant Corp.
12/12/2012
61,418
43,337
—
(NC0004375)
Decremental
Transfer by agreement to
5/3/2018
-47,722
-33,673
Deducted
Mount Holly (NC0021156)
Decremental
Transfer by agreement to
5/3/2018
-13,696
-9,664
Deducted
Belmont (NC0021181)
Total Allocation
0
0
—
Total Phosphorus Allocation at Permit Issuance
ALLOCATION
ALLOCATION
TYPE
SOURCE
DATE
ANNUAL
STATUS
(LB/YEAR)
Supplemental
Purchase from Clariant
12/12/2012
13,140
—
Corp. (NC0004375)
Decremental
Transfer by agreement to
5/3/2018
-13,140
Deducted
Mount Holly (NC0021156)
Total Allocation
0
—
(c.) Mount Holly connection. The tables in this paragraph list the allocations to be held by the Permittee
upon connection of the City of Mount Holly collection system to the Joe Stowe, Jr. Regional WRRF and
apply while the Permittee's discharge is subject to Condition A.(3.)(c.) of this permit.
Total Nitrogen Allocation - Mount Holly Connection
ALLOCATION
ALLOCATION
ALLOCATION
TYPE
SOURCE
DATE
SUMMER
WINTER
STATUS
(LB/SEASON)
(LB/SEASON)
Supplemental
Return transfer by agreement
12/12/2012
47,722
33,673
Active
from Mount Holly (NC0021156)
Supplemental
Transfer by agreement from
5/3/2018
64,251
90,672
Active
Mount Holly (NC0021156)
Total Allocation
111,973
124,345
Active
Part I, Page 8 of 12
Permit NCO089630
Total Phosphorus Allocation - Mount Holly Connection
ALLOCATION
ALLOCATION
SOURCE
DATE
ANNUAL
STATUS
TYPE
(LB/YEAR)
Supplemental
Return transfer by agreement
12/12/2012
13,140
Active
from Mount Holly (NC0021156)
Supplemental
Transfer by agreement from
5/3/2018
18,265
Active
Mount Holly (NC0021156)
Total Allocation
31,405
Active
(d.) Belmont connection. The tables in this paragraph list the allocations to be held by the Permittee upon
connection of the City of Belmont collection system to the Joe Stowe, Jr. Regional WRRF and apply
while the Permittee's discharge is subject to Condition A.(3.)(d.) of this permit.
Total Nitrogen Allocation - Belmont Connection
ALLOCATION
ALLOCATION
ALLOCATION
TYPE
SOURCE
DATE
SUMMER
WINTER
STATUS
(LB/SEASON)
(LB/SEASON)
Return transfer by
Supplemental
agreement from Belmont
12/12/2012
13,696
9,664
Active
(NC0021181)
Supplemental
Transfer by agreement from
5/3/2018
74,960
105,785
Active
Belmont (NC0021181)
Total Allocation
88,656
115,449
Active
Total Phosphorus Allocation - Belmont Connection
ALLOCATION
ALLOCATION
SOURCE
DATE
ANNUAL
STATUS
TYPE
(LB/YEAR)
Supplemental
Transfer by agreement from
5/3/2018
21,309
Active
Belmont (NC0021181)
Total Allocation
21,309
Active
(e.) Mount Holly and Belmont connections -15.0 MGD and 25.0 MGD. The tables in this paragraph list
the allocations to be held by the Permittee upon connection of both the City of Belmont and the City of
Mount Holly collection systems to the Joe Stowe, Jr. Regional WRRF and apply while the Permittee's
discharge is subject to Conditions A.(1.) (15.0 MGD) and A.(3.)(e.) or to Conditions A.(2.) (25.0 MGD)
and A.(3.)(f.) of this permit.
Total Nitrogen Allocation - Mount Holly and Belmont Connections
ALLOCATION
ALLOCATION
ALLOCATION
SOURCE
DATE
SUMMER
WINTER
STATUS
TYPE
(LB/SEASON)
(LB/SEASON)
Return transfer by agreement
Supplemental
from Mount Holly
12/12/2012
47,722
33,673
Active
(NC0021156)
Supplemental
Return transfer by agreement
12/12/2012
13,696
9,664
Active
from Belmont (NC0021181)
Supplemental
Transfer by agreement from
5/3/2018
64,251
90,672
Active
Mount Holly (NC0021156)
Part I, Page 9 of 12
Permit NCO089630
ALLOCATION
ALLOCATION
ALLOCATION
TYPE
SOURCE
DATE
SUMMER
WINTER
STATUS
(LB/SEASON)
(LB/SEASON)
Supplemental
Transfer by agreement from
5/3/2018
74,960
105,785
Active
Belmont (NC0021181)
Total Allocation
at 25 MGD (Condition A.(1.))
200,629
239,794
Active
Total Allocation at 15 MGD (Condition A.(2.))
160,628
226,681
Active
Reserve Allocation at 15 MGD 1
40,001
13,113
Reserve
1. Active allocations are capped at 6.0 mg/L summer and 12.0 mg/L winter; remainder is held in reserve.
Total Phosphorus Allocation - Mount Holly and Belmont Connections
ALLOCATION
ALLOCATION
TYPE
SOURCE
DATE
ANNUAL
STATUS
(LB/YEAR)
Supplemental
Transfer by agreement from
5/3/2018
21,309
Active
Belmont (NC0021181)
Supplemental
Return transfer by agreement
12/12/2012
13,140
Active
from Mount Holly (NC0021156)
Supplemental
Transfer by agreement to
5/3/2018
18,265
Active
Mount Holly (NC0021156)
Total Allocation at 25 MGD (Condition A.(1.))
52,7131
Active
Total Allocation at 15 MGD (Condition A.(2.))
45,662
Active
Reserve Allocation at 15 MGD z
7,052
Reserve
1. The sum differs from the expected value due to rounding of the individual values.
2. Active allocation is capped at 1.0 mg/L; remainder is held in reserve.
(f.) Any addition, deletion, or modification of the listed allocation(s) (other than to correct typographical
errors) or any change in status of any of the listed allocations shall be considered a major modification
of this permit and shall be subject to the public review process afforded such modifications under
state and federal rules.
A.(9.) CALCULATION AND REPORTING OF TOTAL NITROGEN AND TOTAL PHOSPHORUS
LOADS [G.S.143-215.1(b)]
(a.) The Permittee shall calculate monthly, seasonal, and annual mass loads for TN and TP as follows:
(i.) Monthly TN (or TP) Load (lb/mo) = TN (or TP) x TMF x 8.34
where:
TN or TP the average Total Nitrogen or Total Phosphorus concentration
(mg/L) of the composite samples collected during the month
TMF the Total Monthly Flow of wastewater discharged during the
month (MG/mo); that is, the sum of daily flows in the month
8.34 conversion factor, from (mg/L x MG) to pounds
(ii.) Summer TN Load (lb/season) = Sum of the Monthly TN Loads for April -October.
(iii.) Winter TN Load (lb/season) = Sum of the Monthly TN Loads for November -March.
(iv.) Annual TP Load (lb/year) = Sum of the 12 Monthly TP Loads for the calendar year.
(b.) The Permittee shall report monthly Total Nitrogen and Total Phosphorus results (mg/L and lb/mo) in
the appropriate discharge monitoring report for each month; the summer TN results with the October
DMR; the winter TN results with the March DMR; and each calendar year's results with the December
report for that year.
(c.) Any addition, deletion, or modification of the listed allocation(s) (other than to correct typographical
errors) or any change in status of any of the listed allocations shall be considered a major modification
Part I, Page 10 of 12
Permit NCO089630
of this permit and shall be subject to the public review process afforded such modifications under
state and federal rules.
A.(10.) ELECTRONIC REPORTING OF DISCHARGE 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 became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Part II, Section D. (2.) and Section E. (5.)(a)]
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.
Part I, Page 11 of 12
Permit NCO089630
A.(10.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS (cont.)
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: h!Vs://www.federalregister.gov/documents/2015/10/22/2015-24954/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: httpp / /deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Part II, 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:
"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 Part II, Section D. (6.)]
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].
Part I, Page 12 of 12
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
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 DU
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at
the treatment system, or
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NPDES Permit Standard Conditions
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(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.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Department of Environmental Quality.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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NPDES Permit Standard Conditions
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a 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
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41 ].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(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 terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part II.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.
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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 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221
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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:
7 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 qual fed 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.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II, I11 and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
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.
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(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 properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes 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:
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NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908) or visit https://deq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory
certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41 ].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41 ].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
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These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording; Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41 ]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Renortina Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
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particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at (800) 858-0368 or (919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.S and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
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of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Penmittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(I 1)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
I . Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
I . Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Pennittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Pennittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Pennittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct WC)
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143-
215. 1 (a)(8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoringand Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.121
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [l 5A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
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NC DEQ / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division;
c. Sienificant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [I 5A
NCAC 02H .0908(f); 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
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FACT SHEET FOR NPDES PERMIT MODIFICATION
NPDES No. NCO089630
FACILITY INFORMATION
Permittee:
Charlotte Water
Permittee Address:
5100 Brookshire Blvd., Charlotte, NC 28216
Facility Name:
Joe C. Stowe, Jr. Regional Water Resources Reclamation
Facility (RWRRF)
Facility Address:
800 Hawfield Rd., Charlotte, NC 28214
Facility County:
Mecklenburg
Permitted Flow (MGD):
15.0/ 25.0
Facility Status:
New
Waste Type:
Municipal (domestic and industrial)
WWTP Grade:
IV Biological WPCS
Facility Type:
Municipal, with Full Pretreatment/ LTMP
SIC Code(s):
4952
WATERBODY INFORMATION
ADDITIONAL INFORMATION
Waterbody Name:
Catawba River/ Lake Wylie
River Basin:
Catawba
Classification:
03-08-33
Regional Office:
Mooresville
Subbasin:
WS-IV CA
USGS Topo Quad:
Mountain Island Lake (F15SW) &Mount Holly (F14SE)
HUC8/12:
03050101/0114
Permit Action:
New Permit
Drainage Area (miz):
below Mountain Island Dam: 150
(above dam: 1,860)
Permit Writer:
Mike Templeton
Assessment Unit:
11-(117)
Date:
November 4, 2019 — Final Permit
7Q10 S/W (cfs):
95 (control release)
Average Flow (cfs):
320
IWC (%):
19.7/ 29.0
Listed:
NC 2016 303(d) list:
PCB Fish Tissue Advisory
I. PERMIT ACTION
Charlotte Water applied for a new NPDES permit for the proposed 15.0 MGD Joe C. Stowe Jr.
Regional Water Resources Reclamation Facility (previously "the Long Creek Regional
Wastewater Treatment Plant") to discharge to the Catawba River/ Lake Wylie in the Catawba
River basin. The Division reviewed the application and supporting materials and made a
tentative determination to issue the permit.
The Division prepared a draft permit for the new facility, includingeffluent limitations,
monitoring requirements, and other special conditions design to ensure that the discharge
meets applicable treatment standards and complies with North Carolina's surface water quality
standards. It provides for the connection of the Cities of Belmont and Mount Holly collection
systems and the transfer of nutrient allocations from those facilities to the new plant.
The Division published notice of the draft permit in the Charlotte Observer and invited public
comment. Comments were to be provided in writing within 30 days of publication of the notice.
This Fact Sheet describes the permitted facility, sources of wastewater to be treated, and the
receiving stream; the proposed terms and conditions of the permit and the rationale for those;
the schedule and process for accepting and considering public comments, a response to
comments received, and the terms and conditions of the final permit.
89630-CLTWoter -Stowe RWRRF - fact sheet-fina120191104.docx
101311201912:16 PM
II. BACKGROUND INFORMATION
A. FACILITY OVERVIEW
Charlotte Water proposes to build and operate a new wastewater facility to serve the needs of
Charlotte, Mount Holly, and Belmont. The facility will treat combined industrial, commercial,
and municipal wastewaters and discharge to Lake Wylie (Catawba River), upstream (north) of
Charlotte. It will initially build to a design capacity of 15.0 MGD (Phase 1). The current plan is
to design, construct, and begin discharging from the new facility by late 2023 or early 2024. As
the plant nears its design capacity, it will be expanded to 25.0 MGD capacity (Phase 2). The
timing of Phase 2 will depend on the rate of flow increases and how the utility distributes flows
among the new facility and the McAlpine Creek, Sugar Creek, and Irwin Creek plants to meet
its overall wastewater treatment needs. The facility is expected to provide enough capacity to
meet Charlotte's wastewater treatment needs through 2034.
The plant has been referred to as the Long Creek Regional WWTP. Recently, Charlotte Water
renamed it the Joe C. Stowe Jr. Regional Water Resources Reclamation Facility, in honor of its
former director. For brevity, this fact sheet refers to it as the "Joe Stowe RWRRF," "Stowe
plant," or the like.
The plant has yet to be designed but will likely include screening, grit removal, storm flow
equalization, day tanks, primary clarification, advanced nutrient removal, secondary
clarification, filtration, ultraviolet disinfection, reaeration, and solids handling facilities.
Charlotte has entered into agreements with the Cities of Mount Holly and Belmont for the
treatment of their waste flows. The agreements and the EIS for the new facility specify that the
two cities must connect their collection systems to the new plant and close their treatment
plants prior to its startup.
Design of a new Mount Holly pump station and force main is underway. The system will carry
Mount Holly's flows to the existing Long Creek Storage and Pump Station and, initially, to the
McAlpine Creek WWTP. When the Joe Stowe RWRRF is completed, the flows will be redirected
to the new regional facility. A similar connection for Belmont is also planned. If it is completed
before the new facility is operational, Belmont's flows will be pumped to the Paw Creek Lift
Station and from there to Charlotte's McAlpine Creek WWTP until the new facility starts up.
The Phase 2 expansion to 25.0 MGD will be triggered either by growth in the Phase 1 service
areas or by the need to transfer flows from Charlotte's Irwin or McAlpine Creek WWTPs. In the
latter case, flows would likely be routed from the Paw Creek Lift Station to the expanded Joe
Stowe facility.
B. RECEIVING WATERS
Charlotte proposes to discharge treated wastewaters from the Stowe regional facility to Lake
Wylie (Catawba River), upstream (north) of Charlotte. The proposed discharge location is
across the river from the existing Mount Holly WWTP and approximately 1/2 mile upstream of
the U.S. National Whitewater Center. This section of the river (Segment 11-(117)) is somewhat
riverine in nature. It is classified WS-IV CA and is designated for use as a water supply source
for drinking, culinary, or food processing purposes; aquatic life propagation; maintenance of
biological integrity (including fishing and fish); wildlife; and secondary recreation.
Stream Flows. The present Lake Wylie Dam was constructed in 1925. It raised the level of the
original dam and expanded the impoundment to its current size (21 sq. mi.). Lake Wylie is one
of the eleven Catawba River hydropower systems managed by Duke Power. It lies in both
North and South Carolina.
Fact Sheet — New NPDES Permit
Joe Stowe Jr. Regional WRRF — NCO089630
Page 2
The statistical stream flows for this reach of the river (see page 1 of this fact sheet) were
determined by the USGS in the 1980s. The 7Q10 flow was estimated by combining the
minimum release flow from the Mountain Island Lake Dam (80 cfs, per its FERC license) and
the flow from the drainage area downstream of the dam (15 cfs). However, the USGS has not
updated its estimates since that time due to the inherent complexity of the hydropower
operations and their impact on stream flows.
Water Quality Assessment. The Divisions current assessment of the state's surface waters (the
2018 Integrated Report) indicates that Lake Wylie in the vicinity of the discharge location is
meeting standards for all parameters monitored. However, the lake is subject to fish
consumption advisories for PCBs and mercury, issued by the N.C. Department of Health and
Human Services, Division of Public Health. The lake is also subject to the statewide TMDL for
mercury, though it does not itself exceed the applicable standards, and to the Lake Wylie
Nutrient TMDL.
Lake Wylie Nutrient TMDL. Nutrient enrichment of the lake in the past led the Division to
develop the Lake Wylie Nutrient Management TMDLI Strategy. The TMDL established caps on
Total Nitrogen (TN) and Total Phosphorus (TP) inputs to the lake and its tributaries. It also
specified numeric TN and TP allocations for six existing dischargers, required that limits for
industrial dischargers be based on BAT determinations for each facility, and prescribed how
limits would be set for new or expanding discharges to the lake. The TMDL was approved by
EPA Region 4 in 1995 and has been implemented by the Division since that time.
C. INSTREAM DATA SUMMARY
From the 2018 fact sheet for Mount Holly WWTP, NCO021181:
"Review of instream data from June 2014 through March 2018 found the DO standard of 5
mg/L maintained except for a period in September -October 2016, where it was below the
standard in the upstream as well as effluent and downstream sites. Temperatures seasonally
exceeded the standard of 29°C for upper piedmont and mountain waters at all locations,
and temperature differences between up- and downstream locations were on average 0.2°C,
below the standard increase of 2.8°C. Only two occurrences of temperature increase above
the standard were found, both in January 2016. Conductivity was higher upstream than
downstream on average (paired Mest, t = 20.2, p = 0.02). Upstream Fecal Coliform was
higher on average than downstream [...] (geometric means: Upstream = 48.2, Downstream
=18.9 [... ] cfu/100 mL). "
It was not determined whether Mount Holly's discharge contributed significantly to the D.O.
excursions. The discharge likely did not contribute to the temperature exceedance and may
have contributed to the lower conductivity and fecal coliform numbers downstream of the
discharge.
D. INFLUENT WASTEWATER CHARACTERISTICS
The actual mix of wastewaters to be treated at the Stowe Regional facility has not yet been
determined or sampled. Charlotte expects the wastewaters will include flows from industrial
users.
E. COMPLIANCE SUMMARY
The Stowe Regional facility has yet to be constructed or to begin discharge. Thus, its
performance and compliance have not been established.
Fact Sheet — New NPDES Permit
Joe Stowe Jr. Regional WRRF — NC0089630
Page 3
III. REGULATORY DRIVERS
Effluent limitations and other special conditions in the proposed permit must adhere to and
satisfy applicable rules and regulations. The following are prominent in developing this permit:
A. NPDES REGULATIONS
40 CFR Part 122;15A NCAC 02H .0100 and 02B .0200, .0400, .0500.
B. FEDERAL EFFLUENT GUIDELINES
The discharge of sanitary wastes (domestic sewage) is subject to treatment standards set in
15A NCAC 02B .0406 and the Secondary Treatment Regulation in 40 CFR Part 133. These
standards are the basis for technology -based effluent limitations (TBELs) for the facility.
C. STATE WATER QUALITY STANDARDS
Wastewater discharges must also conform to North Carolina's surface water quality
standards. These standards are the basis for water quality -based effluent limitations
(WQBELs) for the facility. WQBELs represent the maximum allowable effluent
concentration that will not cause an exceedance under specific low -flow conditions.
D. FACILITY CLASSIFICATION
Certain permit requirements depend on the classification of the treatment facility. The
Stowe Regional RWRRF will be classified as a Grade IV Biological Water Pollution Control
System based on its design capacity and the nature of its treatment processes.
IV. RATIONALE FOR EFFLUENT LIMITATIONS AND MONITORING
REQUIREMENTS
A. TYPES OF EFFLUENT LIMITATIONS
As noted in Section III above, discharge limits are generally classified as technology -based
effluent limitations (TBELs) or water quality -based effluent limits (WQBELs). TBELs establish a
standard level of performance for the affected treatment facilities. WQBELs represent the
maximum effluent discharge that will not cause or contribute to an exceedance of applicable
surface water quality standards and criteria under specified low -flow conditions. A discharge
may be subject to one or both types of limit for any given parameter. If the discharge is subject
to both TBELs and WQBELs for a parameter, the more stringent limit is applied in the permit.
The initial limitations for the Stowe Regional facility are based primarily on speculative limits
provided in the Divisions June 28, 2013, letter to the then -Charlotte Mecklenburg Utilities. The
draft permit includes influent, effluent, and instream monitoring requirements. The results will
allow the Division to evaluate the plant's actual performance and add, delete, or modify the
limits if and when necessary.
B. BASIS OF INDIVIDUAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Instream Waste Concentration (IWCL Flow in the Catawba River/ Lake Wylie at the discharge
point is regulated under FERC licenses and must not fall below 95 cfs, summer or winter. The
IWC is then 19.7% for the 15.0 MGD discharge; 29.0% at 25.0 MGD. For example,
(15.0 MGD x 1.55 cfs/MGD) / [ (15.0 MGD x 1.55 cfs/MGD) + 95 ch ) = 19.7%
Pollutants of Concern. The initial pollutants of concern include:
• CBODs, TSS, NH3-N, fecal coliform: standard parameters for municipal wastes;
Fact Shcct— New NPDES Permit
Joc Stowc.lr. Rcaional WRRF — NCO089630
Pagc 4
• pH, dissolved oxygen (D.O.), temperature: additional parameters, subject to water
quality standards;
• pH, D.O., temperature, conductivity: standard parameters of concern upstream and
downstream of the discharge;
• total nitrogen (TN), total phosphorus (TP): subject to limitations under the Lake Wylie
Nutrient TMDL; and
• Whole Effluent Toxicity: a standard requirement for major wastewater discharges.
This list may be expanded in the future based on monitoring of the actual treated effluent or
other information.
Proposed limits and monitoring requirements for the current parameters of concern are
described below.
1. EFFLUENT LIMITATIONS
The proposed limits are listed in Table 1 and their sources described below.
Table 1. Proposed Effluent Limitations - Phase 1 and 2
PARAMETER
Parameter Code
EFFLUENT LIMITATIONS
BASIS
Monthly
Average
Weekly
Average
Daily
Maximum
Flow sooso
15.0/ 25.0
15A NCAC 02B .0505
Total Monthly Flow (MG) 8222o
Monitor and Report
Used to calculate monthly mass loads
CBODs (Summer)8o082
4.2 mg/L
6.3 mg/L
BPJ, equivalent to 5.0 mg/L BODs
CBOD5 (Winter)' 80082
8.3 mg/L
12.5 mg/L
BPJ, equivalent to 10.0 mg/L BODs
Total Suspended Solids' C0530
30 mg/L
45 mg/L
15A NCAC 0213.0406, 40 CFR Pan: 133
NH3-N Co610
1.0 mg/L
3.0 mg/L
15A NCAC 02B .0505
Dissolved Oxygen oo3oo
Daily avg. >_ 6.0 mg/L (7.0 @ 25 MGD)
15A NCAC 02B .0505
Fecal Coliform (geo. mean) 31616
200/100 mL
400/100 mL
15A NCAC 02B .0505
Total Residual Chlorine 50060
28 pg/L
15A NCAC 02B .0505
pH 00400
2: 6.0 and <_ 9.0 standard units
15A NCAC 02B .0200 & .0406
Temperature (°C) 00100
1 1
15A NCAC 02B .0505
TKN (mg/L) 00625
Monitor and Report
Component species of TN
NO3-N + NO2-N (mg/L) 00630
Monitor and Report
Component species of TN
Total Nitrogen (mg/L) C0600
Monitor and Report
Lake Wylie Nutrient TMDL (1995)
&
DWR policy for setting nutrient limits
for affected Lake Wylie dischargers
QM600
TN Load QS600
Q5600
Monitor and Report (lb/mo)
0 lb/summer (eff. 4/1/2019)
0 lb/winter (eff. 11/1/2019)
Total Phosphorus (mg/L) C0665
Monitor and Report
TP Load QM665
Qr66s
Monitor and Report (Ib/mo)
0 Ib/yr
Total Hardness (mg/L as
CaCO3) 00900
--T
Necessary to evaluate hardness-
dependent metals
Chronic Toxicity TGP38
P/F at 19.7%/ 29.0%
15A NCAC 02B .0208
Effluent Pollutant Scan NC01
I Monitor and Report
Per 40 CFR 122.210)(4)
1. And 85% removal.
a. CBOD5 and NH3-N
The 2013 speculative limits for CBOD5 and NH3-N were based on best professional
judgment for the protection of instream dissolved oxygen through the assignment of
tertiary treatment limits. The CBOD5 limits of 4.2 mg/ L (summer) and 8.3 mg/ L (winter)
are effectively equivalent to BOD5 limits of 5 mg/L (summer) and 10 mg/L (winter). The
1 dL! Shccl ",Q%%
year-round 1.0 mg/L NH3-N limit was based on instream protection for ammonia
toxicity.
The March 2008 Water Quality Modeling Report, prepared by Black & Veatch, verified
that the discharge would not cause a violation of water quality standards at these limits.
b. Total Suspended Solids (TSS)
The TSS limits are based on state and federal secondary treatment standards for
municipal wastes.
c. Dissolved Oxygen (D.O.)
The 2013 speculative limits included a D.O. limit of 7.0 mg/ L. The limit was based on
the March 2008 Water Quality Modeling Report, which used an effluent concentration of
7.0 mg/L as input to the model, based on performance of the McDowell Creek WWTP.
The City later determined that this was unnecessarily conservative and retained HDR to
re-evaluate the impact of discharging at a lower D.O. limit. The analysis showed that, at
a flow of 15.0 MGD with a D.O. limit of 6.0 mg/ L, the instream D.O. would be reduced
by a maximum of 0.2 mg/ L and would not drop below the 5.0 mg/ L standard. The
Divisions Modeling staff found the analysis to be acceptable, and a limit of 6.0 mg/ L is
now proposed.
The limit at 25 MGD remains at 7.0 mg/ L. The permit provides that the limit can be
reduced to as low as 6.0 mg/ L if the permittee demonstrates that this will not contribute
to a violation of the D.O. standard.
d. Fecal Coliform, Total Residual Chlorine
The limits are based on the NC surface water quality standards. Calculations indicate
that, at IWCs of 20% and 29%, the allowable concentrations of TRC would be 86 and 59
ug/ L, respectively. Because both values are greater than the 28 ug/ L upper cap, the
maximum daily limit for both phases is set at 28 ug/L. Per the Division s current policy,
TRC limits are expressed as daily maximum values only; also, TRC values below 50
µg/L will be treated as zero for compliance purposes.
e. pH
The pH limit of 6.0-9.0 standard units is based on the secondary treatment standards for
municipal wastes and the NC surface water quality standard.
f. Nutrients
This portion of the Lake Wylie watershed is subject to the 1995 Nutrients TMDL. The
TMDL assigned limits to the existing major dischargers in the watershed, including the
Cities of Mount Holly, Belmont, and others.
In 2013, Charlotte purchased TN and TP allocation for a new regional plant from the
Clariant Corporation (NC0004375). (It also purchased land from the company, near the
Long Creek Pump Station, on which to construct the new facility.)
Charlotte recognized that it would need additional allocations for the new discharge. It
entered into agreements with Mount Holly and Belmont that will eventually result in
the transfer of their nutrient allocations to Charlotte. First, while the Stowe Regional
facility is designed and constructed, Charlotte will transfer its allocations to the other
cities. The transfers ensure that Mount Holly and Belmont can meet their nutrients limits
until they connect to the regional plant, without having to unnecessarily upgrade their
plants in the interim period. When the Stowe plant is operational, Mount Holly's and
Belmont's collection systems will connect to the new plant, close their treatment
Fact Shcet — New NPDES Permit
Joc Stowe Jr. Regional WRRF — NC0089630
Page 6
facilities, and transfer their allocations and Charlotte's allocation back to Charlotte for
the regional discharge.
All three permits will be issued at the same to enact the first transfers.
The three dischargers' initial allocations are shown in Table 2. These are the basis for the
nutrient allocations and limits that follow.
Table 2. Current Nutrient Allocations
Facility
Summer TN
Winter TN
Annual TP
(lb/day)
(lb/S)
(lb/day)
(lb/W)
(lb/day)
(lb/year)
Mount Holly WWTP
300.2
64,251
50.0
18,265
Belmont WWTP
350.3
74,960
-
58.4
21,309
Joe Stowe Jr. Regional WRRF
287.0
61,418
287.0
43,337
36.0
13,140
NOTE: Summer is defined as April - October (214 days) and winter is November - March (151 days).
The permit establishes nutrient allocations and limits for five scenarios in the
development of the Stowe wastewater system:
1. Stowe regional plant under construction: no allocations, no discharge; Charlottes
allocations are transferred to Mount Holly and Belmont plants (Table 3)
2. Mount Holly connects to Stowe plant first (Table 4)
3. Belmont connects first (Table 5)
4. Mount Holly and Belmont are both connected -15.0 MGD (Table 6)
5. Mount Holly and Belmont are both connected - 25.0 MGD (Table 7)
The initial allocations and limits for each facility (Scenario 1) are shown in Table 3.
Table 3. Interim Nutrient Allocations/ Limits - Scenario 1
Facility
Summer TN
Winter TN
Annual TP
(lb/day)
(lb/S)
(lb/day)
(lb/W)
(lb/day)
(lb/year)
Mount Holly WWTP
523.2
111,973
823.5
124,345
86.0
31,405
Belmont WWTP
414.3
88,656
764.6
115,449
58.4
21,309
Joe Stowe Jr. Regional WRRF
0
0
0
0
0
1 0
Total
937.5
200,629
1,588.1
239,794
144.4
52,713
Charlotte will have no allocations in this interim period, so the Stowe facility will not be
allowed to discharge; however, it will be under construction at this time and will not yet
have any need to discharge.
Prior to connecting to Charlotte's system, Mount Holly and Belmont will each notify
DWR and request rescission of its permit. The Division will rescind the connecting city's
permit upon connection and issue an Authorization to Operate to Charlotte. The three
permits are written so that the cities' allocations can be transferred automatically and no
modifications are necessary. The ATO triggers the transfer of allocations to Charlotte
and activation of the appropriate TN and TP limits.
The distributions for Scenarios 2 and 3 are shown in Tables 4 and 5.
lIr. i2I \VRRI: ow'o)(i31)
Table 4. Nutrient Allocations/ Limits - Scenario 2 - Mount Holly Connection
Facility
Summer TN
Winter TN
Annual TP
(lb/day)
(lb/S)
(lb/day)
(lb/W)
(lb/day)
(lb/year)
Mount Holly WWTP
0
0
0
0
0
0
Belmont WWTP
414.3
88,656
764.6
115,449
58.4
21,309
Joe Stowe Jr. Regional WRRF
523.2
111,973
823.5
1 124,345
86.0
31,405
Table 5. Nutrient Allocations/ Limits - Scenario 3 - Belmont Connection
Facility
Summer TN
Winter TN
Annual TP
(lb/day)
(lb/S)
(lb/day)
(lb/W)
(lb/day)
(lb/year)
Mount Holly WWTP
523.2
111,973
823.5
124,345
86.0
31,405
Belmont WWTP
0
0
0
0
0
0
Joe Stowe Jr. Regional WRRF
414.3
88,656
764.6
115,449
58.4
21,309
Reserve Allocation at 15.0 MGD. Charlotte currently plans to build the Stowe plant in
two phases: 15.0 MGD and, when needed, 25.0 MGD. When the plant first discharges,
Charlotte will hold allocations equivalent to 937.5 lb/ day TN summer,1,588 lb/ day TN
winter, and 144.4 lb/ day TP.
In the 15.0 MGD phase, these allocations exceed the 6.0 mg/ L TN and 1.0 mg/ L TP
standards established in the TMDL, as well as the 12.0 mg/ L value now set for winter
TN. Therefore, the plant's nutrient limits will be held to the mass loads equivalent to the
set concentrations at the 15.0 MGD design flow. The remainder of each allocation will be
held in reserve.
Once the plant expands to 25.0 MGD, the allocations will be equivalent to 4.5 mg/ L TN
summer, 7.6 mg/ L TN winter, and 0.7 mg/ L TP at the higher design flow. Thus, the
reserve allocations can be restored, and the plant will have the full benefit of its
allocations.
The allocations and allowable limits for Scenarios 4 and 5 are shown in Table 6.
Table 6. Nutrient Allocations/ Limits - Scenarios 4 & 5 - Mount Holly and Connections
Phase
Summer TN
Winter TN
Annual TP
(mg/L)
(Ib/day)
(lb/S)
(mg/L)
(lb/day)
(lb/W)
(mg/L)
(lb/day)
(lb/year)
Mount Holly WWTP
0
0
0
0
0
0
Belmont WWTP
0
0
0
0
0
0
Stowe Regional WRRF Holdings
-
937.5
200,629
-
1,588
239,794
-
144.4
52,713
Phase 1: Limits @ 15.0 MGD
6.0
750.6
160,628
12.0
1,501
226,681
1.0
125.1
45,662
Phase 1 Reserve
186.9
40,001
-
86.8
13,113
-
19.3
7,052
Phase 2: Limits @ 25.0 MGD
4.5
937.5
200,629
7.6
1,588
239,794
0.69
144.4
52,713
Phase 2 Reserve
0
0
-
0
0
-
0
0
g. Whole Effluent Toxicity
Whole effluent toxicity monitoring and limits are established per 15A NCAC 2B .0208
and the Division's long-standing toxicity policy. The permit includes a pass/ fail limit
".I'l)i � 15,1,"it
using Ceriodaphnia dubia at the appropriate IWC (19.7% at 15.0 MGD, 29.0% at 25.0
MGD).
2. ADDITIONAL CONSIDERATIONS
a. Antidegradation
A Feasibility and Preliminary Planning Study for Regional Wastewater Treatment (Black
& Veatch, 2006) concluded that the wastewater capacity of the region would need to be
increased in order to meet the needs of northwest Mecklenburg County and eastern
Gaston County without hindering growth.
An environmental impact study was conducted to address these needs. The study
estimated that approximately 25.0 MGD of treatment capacity (including existing
capacity) would be needed by 2034. The study then examined seven alternatives
(including a No -Action alternative) for providing that capacity and the direct,
cumulative, and secondary impacts of each. The resulting Environmental Impact Study
(Black & Veatch, 2015) concluded that a new regional WWTP on the Mecklenburg
County side of the Catawba River is the most environmentally sound of the reasonably
cost-effective options and is, therefore, the preferred alternative. DWR issued a Record
of Decision on the EIS on March 18, 2015. The ROD noted that:
"This alternative was selected over the others because it meets the
developing region' s need for additional wastewater treatment capacity and
results in a combination of fewer negative environmental consequences.
These include comparatively fewer natural resource and environmental
impacts at the building site; fewer construction and operational constraints;
greater public recreation and open space benefits; reduced energy use;
increased water volume in Lake Wylie for local uses such as power
generation, cooling water, low flow supplementation, and drinking water;
and concurrence with the planning goals of the affected local governments.
"Additionally, the placement of a single WWTP is preferable to other
alternatives in terms of compatibility with existing and future land uses,
protection of riparian buffers, and reduced impacts to critical areas such as
streams and wetlands. Advanced treatment at a new facility would produce
high quality effluent with low nutrient concentrations and provide additional
water into Lake Wylie for many beneficial uses. The Preferred Alternative
also provides regional wastewater treatment with a single discharge that
promotes efficient planning, design, and permitting; minimizes shoreline and
wetland impacts; and cost - effectively achieves project goals. It also has the
potential to eliminate three existing discharges and reduce the risk of
overflows by reducing wastewater pumping distance. "
Thus, the Division has determined that the proposed expansion is necessary to
accommodate social and economic growth in the area and that it will not result in
contravention of surface water quality standards or loss of designated uses in the
receiving stream.
b. Antibacksliding
Not applicable.
3. EFFLUENT MONITORING REQUIREMENTS
The permit requires monitoring of the following parameters per 15A NCAC 02B .0508:
Fact Sheet — New NPDES Pennit
Joe Stowe Jr. Regional W RRF — NC0089630
Page 9
Table 7. Monitoring Schedule
PARAMETER
MONITORING REQUIREMENTS
Measurement
Frequency
Sample
Type
Sample
Location 1
Flow (MGD)
Continuous
Recording
I or E
Total Monthly Flow (MGD)
Monthly
Recorded or
Calculated
I or E
CBODs (Summer) (mg/L) 2
Daily
Composite
I, E
CBOD5 (Winter) (mg/L) 2
Daily
Composite
I, E
Total Suspended Solids (mg/L) 2
Daily
Composite
I, E
NH3-N (mg/L)
Daily
Composite
E
Dissolved Oxygen (mg/L)
Daily
Composite
E
Fecal Coliform (geometric mean)
Daily
Composite
E
Total Residual Chlorine ( pg/L)
Daily
Composite
E
pH (S.U.)
Daily
Composite
E
Temperature (°C)
Daily
Grab
E
TKN (mg/L)
Weekly
Composite
E
NO3-N + NO2-N (mg/L)
Weekly
Composite
E
Total Nitrogen (mg/L)
Weekly
Composite
E
TN Load (lb/mo)
(lb/season)
Monthly
Seasonally
Calculated
Calculated
E
Total Phosphorus (mg/L)
Weekly
Composite
E
TP Load (lb/mo)
(lb/yr)
Monthly
Annually
Calculated
Calculated
E
Total Hardness (mg/L as CaCO3)
Quarterly
Composite
E
Chronic Toxicity (P/F)
Quarterly
Composite
E
Effluent Pollutant Scan
Annually x 3
E
1. I = Influent, E = Effluent.
2. Summer is Apr -Oct, winter is Nov -Mar.
a. Toxicants.
The need for water quality -based effluent limits (WQBELs) is generally evaluated for all
metals and priority pollutant organics based on past monitoring. In this case, the treated
effluent has yet to be discharged and monitored. To gather the data needed to conduct
RPAs, Charlotte will be required to extend its pretreatment program's Long Term
Monitoring Plan to include the Stowe regional facility. However, the permit includes
effluent monitoring requirements in case the LTMP is not extended before the plant is
ready to discharge.
b. Mercury.
The new discharge will be subject to the Statewide Mercury TMDL. Charlotte has
developed a Mercury Minimization Plan for its other wastewater treatment plants and
will be required to implement the Plan for this plant as well.
The permit requires effluent monitoring of mercury, and the results will be used at
permit renewal to determine if limits are warranted.
c. Pollutant Scans and Second -Species Toxicity Tests.
NPDES regulations require that monitoring results for 65 priority pollutants (three times
in the permit cycle) and toxicity test results (four times) using a second aquatic species
be included in the permit application. These requirements are included in the permit to
ensure the permittee is aware of them and has a schedule to complete them prior to
application for renewal.
I !ict ;,_..,v ".1,01 � i'or lit
d. Hardness.
The surface water quality standards for cadmium, copper, lead, nickel, silver, and zinc
are now hardness -dependent. Hardness monitoring is required so that it can be used in
evaluating the need for ]units at the next permit renewal.
4. INSTREAM MONITORING REOUIREMENTS
The permit requires basic instream monitoring: pH, dissolved oxygen, temperature, and
conductivity, upstream and downstream of the discharge, 3/week (June -Sept) and 1/week
(Oct -May). No monitoring coalition has been established in the Lake Wylie watershed.
V. OTHER SPECIAL CONDITIONS
The permit includes the following additional special conditions:
■ The permit includes three special conditions regarding nutrients. They describe the nature
of the TN & TP limits, provide tables of the Permittee's nutrient allocation tables, and
specify how mass nutrient loads are to be calculated and reported.
■ One special condition specifies how discharge monitoring reports are to be reported
electronically.
■ Parts II and III of the permit contain the standard conditions for NPDES dischargers.
Proposed Schedule for Permit Issuance:
Draft Permit to Public Notice:
August 22, 2019
Close of Comment Period:
September 26, 2019
Permit Issued:
November 4, 2019
Effective Date:
December 1, 2019
Expiration Date:
November 30, 2024
State Contact:
If you have any questions on any of the above information or the attached permit, please
contact Mike Templeton at (919) 707-3603 or mike.templeton@ncdenr.gov.
VI. RESPONSE TO COMMENTS
Public notice of the draft permit and tentative determination to issue the permit was published
in the Charlotte Obsewer on August 22, 2019. Comments were accepted through September 26,
2019.
Written comments were received from the Permittee on September 20, 2019. No other
comments were received.
The comments received, and the Division's response to each, are as follows:
Fact Shco — Ncw NPDES Pcrmit
Joc Stowc h% Regional WRRF - NCO089630
Page 1 I
Comment -
Comments 1 and 6 (permit) and 1-5 (fact sheet) in the Permittee's letter note several
typographical errors in the permit.
Response:
The errors have been corrected in the final permit and fact sheet.
Comment:
A.(1.) - Footnote 8 and A.(2.) Footnote 9 - Effluent Hardness Samples shall coincide with sampling of
metals.
CLTWater requests that this requirement and its corresponding Footnote 8 be removed from our final
permit. CLTWater routinely samples hardness and metals at a frequency greater than quarterly,
usually weekly or monthly for metals and monthly for hardness. We would like to continue our current
sampling protocols and maintain the ability to obtain additional hardness and metals samples
independently of one another. This request is based on our concern of possible third -party
interpretation of this requirement as it is currently written. It could be perceived as a monitoring
violation if one of these parameters is sampled without the other when additional sampling is
performed.
CLTWater does not understand the technical rationale or the statutory basis for the requirement to
sample hardness at the same time as metals. It is our understanding that NCDWR uses average
hardness and metals results from the facility data set to determine metals limits rather than
calculating limits based on individual daily results. Since only the average hardness and metals values
are used to determine metals limits then the requirement to sample hardness in conjunction with
metals on the same day is unnecessary and creates additional opportunity for reporting violations to
occur. Without technical or statutory justification(s) CLTWater requests that this requirement be
removed from the permit.
Response:
Per the 2016 NPDES Implementation of Instream Dissolved Metal Standards memo, a footnote
stating, "Effluent hardness sampling should be performed in conjunction with testing for
hardness dependent metals (cadmium, copper, lead, nickel, silver, and zinc)," should be added
to permits with effluent hardness sampling requirements. Footnote 9 has been revised
accordingly.
For clarification, when quarterly hardness sampling is conducted, as required in the permit, the
sampling should be performed in conjunction with hardness -dependent metals sampling.
Should Charlotte Water sample for metals more frequently than quarterly, the extra samples
need not be sampled in conjunction with hardness.
Comment:
A.(1)(b.) and A.(2.)(b.) - Statement that Addresses Floating Solids and Visible Foam Discharge
The statement "There shall be no discharge of floating solids or visible foam in other than trace
amounts" is ambiguous and open to interpretation. This statement is more stringent and subjective in
its use of "trace amounts" phrasing than the language used in the Water Quality Standards for Class C
Waters (15A NCAC 02B .0211 (8)). Although CLTWater seeks to always achieve the highest level of
treatment possible with the technologies it currently has available, extenuating circumstance
occasionally occur. This request is based on our concern of possible third -party interpretation of this
requirement as it is currently written since "trace amounts" is not defined in the permit. The Water
Quality Standard is more appropriate and objective with regard to regulating this wastewater
discharge characteristic when it establishes that "Floating solids ... Shall not make the water unsafe or
unsuitable for aquatic life and wildlife or impair the waters for any designated uses." CLTWater
requests that this more stringent narrative limit be removed from this permit. DWR has removed this
statement at our request for CLTWater's other recently renewed NPDES permits.
Response:
This has been standard language in NPDES permits since the program's inception and is still
used widely by state and federal permitting authorities. Because it is subjective, it is hardly
suitable as the basis for an enforcement action; instead, we would rely on the permittee's
monitoring reports to establish and quantify any limits exceedances. Part of its value is that it
provides a quick measure of effluent quality and possible water quality impacts. A DWR
inspector who notices such an issue at a discharge can address the matter while on site rather
than waiting days or weeks for effluent monitoring to be reported.
The Division removed this language from other Charlotte Water permits in error and will
restore it when those permits are renewed.
Comment:
A.(2.) (25 MGD) Footnote 4 — The Division may lower the Dissolved Oxygen limit to as low as 6.0
mg/L without modification of this permit.
CLTWater requests that this narrative be rewritten as follows: The Division may lower the Dissolved
Oxygen limit to as low as 6.0 mg/L without modification of this permit provided that the Permittee
further evaluates the potential impact of its Phase 2 discharge and demonstrates to the Division's
satisfaction that, at the full permitted flow and the lower D.O. limit concentration, the discharge
would not cause a violation of the D.O. surface water quality standard.
Response:
The Division has substituted the proposed language for the draft version of the footnote.
Comment:
A.(4.) Instream Monitoring Requirements
CLTWater Laboratory Services and Water Quality staff have visited the proposed upstream and
downstream monitoring locations and have deemed these sites to be unsafe. These sites are located
on high speed, high traffic overpasses with minimal shoulders. Additionally, the location of these sites
are not very representative of the impacts or benefits of the Joe Stowe Jr. RWRRF discharge. Clariant's
NPDES discharge also comes in below the upstream and above the downstream sampling locations
and potential impacts from this site would not be clear with the current bridge sampling locations.
CLTWater would like the opportunity to provide DWR with instream monitoring location coordinates
for your approval after construction is complete but prior to the operation of this facility. CLTWater
plans to build a dock and safely sample instream by boat at upstream and downstream locations that
are more representative of our discharge. CLTWater requests the opportunity to work with DWR on
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Jr. R, V, RRI
the development of permit language for this purpose prior to the issuance of the final permit so that
modification of the permit later will not be necessary.
Response:
Footnote 1 in Condition A.(4.) has been revised to allow the Division to relocate the upstream
and downstream sampling locations without further public review.
Cnmment:
A.(5.) Mercury Minimization Plan
CLTWater requests that the requirement to have a Mercury Minimization Plan be excluded from this
permit. The fact sheet states that Lake Wylie is not exceeding the applicable water quality standard for
mercury, and with recent implementation of the Dental Amalgam Rule, adequate protections are in
place.
Response:
Because this is a new facility, it has yet to be determined how mercury should be regulated. In
addition, the Dental Amalgam Rule (40 CFR Part 441) promulgated by the EPA on June 14,
2017, should result in some reduction of mercury to the plant. The Division is removing the
MMP requirement from the permit until mercury can be monitored and any necessary controls
can be determined. The permit's Effluent Pollutant Scan condition already requires annual
monitoring of mercury for the first three years of discharge, and this should support the
determination.
Comment:
A.(11.) Electronic Reporting Of Discharge Monitoring Reports
CLTWater requests that the following language be removed from Part I of our permit and only
included in Part II of our permit after having been formally approved and officially incorporated into a
revision of the standard conditions. Furthermore, this language is potentially problematic if DWR is
not ready to receive this data electronically or has not become CROMMER compliant by this date. This
language is found at the top of Page 12 and states:
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
CLTWater is also providing the following comments on the Joe Stowe RWRRF fact sheet for your
consideration:
Response:
Response: The EPA's Electronic Reporting Rule was published in the Federal Register on
October 22, 2015 and laid out a 2-phase compliance schedule for implementation of the rule.
The EPA plans to propose changing the deadline for implementation of Phase 2 from December
21, 2020 to December 21, 2023 (see 40 CFR § 127.16 Table I). The EPA believes this will provide
enough time for the EPA and states to build most if not all the necessary electronic reporting
tools and systems for Phase 2 implementation. However, the schedule in the existing regulation
remains in effect and will continue to be applied state- and nationwide until EPA's revisions are
published as a final rule. Therefore, the Phase 2 requirements in Special Condition A. (10.)
Electronic Reporting of Monitoring Reports will remain in the permit.
Comment:
Fact Sheet - Part ILA Background Information A. Facility Overview
The second sentence should read "The facility will treat combined industrial, commercial, and
domestic wastewaters..."
Response:
The correction has been made.
Comment:
Fact Sheet - Part IV.B.1. Table 1 Proposed Effluent Limitations — Phase 1 and 2
Total Residual Chlorine Monthly Average Limit should be 17 ug/L and Total Residual Chlorine Daily
Maximum should be 28 ug/L. This would be consistent with our other recently renewed permits for
Irwin, Sugar, and McAlpine.
Chronic Toxicity P/F need to be updated to "20% and (29.0% @25 MGD)"
Total Monthly Flow (Parameter Code 82220) units need to be changed from MGD to MG.
Response:
Per the Divisions 10/5/2016 "Current NC NPDES Permitting Practices', TRC limits are
expressed as daily maximum values only, so the Monthly Average TRC limit is removed for
both Phases 1 and 2.
Calculations indicate that, at IWCs of 20% and 29%, the allowable concentrations of TRC would
be 86 and 59 ug/ L, respectively. Because both values are greater than the 28 ug/ L upper cap,
the maximum daily limit for both phases is set at 28 ug/ L.
Corrections have been made to the WET test percentages and the TMF units.
Comment:
Fact Sheet - Part IV.B.l.c. Dissolved Oxygen
The sentence on the top of Page 6 should read "and retained HDR to re-evaluate the impact" not
McKim & Creed.
Sentence 4 of the first paragraph should be modified as follows: "the instream D.O. would be reduced
by a maximum of 0.2 mg/L as compared to a D.O. limit of 7.0 mg/L and would not drop below the 5.0
mg/L standard."
The last paragraph should be modified as follows: "The limit at 25 MGD remains at 7.0 mg/L. The
permit provides that the limit can be reduced to as low as 6.0 mg/L if the permittee demonstrates that
this will not contribute to a violation of the D.O. standard."
Response:
The corrections have been made.
Fact Shect -- Nc%� NPDI-.S Pcrmit
loc Stowe Jr. Regional \V`RRF N('00890)U
Page 15
Comment:
Fact Sheet - Part IV.B.i.f. Nutrients
The following two sentences in the middle of page 7 should be separated and updated. It currently
reads:
The distributions for scenarios 2-5 are shown in Table 4. Nutrient Allocations/Limits —
Scenario 2 — Mount Holly Connection
It should be updated and separated to read:
The distribution for scenarios 2-3 are shown in Tables 4 and 5.
Table 4. Nutrient Allocations/Limits — Scenario 2 — Mount Holly Connection
There is also a duplication of Tables 4 and 5 on the top of page 8 that need to be deleted.
At the top of page 7, scenario 5 should also reference Table 6.
Response:
The redundant tables have been removed and the captions for the remaining tables corrected.
Comment:
Fact Sheet - Part IV.8.1.g. Whole Effluent Toxicity
The end of the last sentence in this sections should read "(20% at 15.0 MGD, 29% at 25.0 MGD)."
Response:
The correction has been made. In addition, the toxicity limit condition was updated per the
current boilerplate language. Changes are primarily punctuation changes, and the condition
now provides an email address for electronic submittal of test results.
- End of Comments -
Fact Sheet — New NPDES Permit
Joe Stowe Jr. Regional W RRF — NCO089630
Page 16