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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. ii y. r _ � ,, � r � � i . \•..� - �, � �/ /. ` ill t •1 i I t .yam. 4 t •- _,� �. v~-�^ ~{-�s� -� i c�\ •' \ `�Ft� Liti�a: }� HallV£ We e,r''� ?`C/ t a$ (i 13 h Approximate , Plant Location .; • - � • I C� �; �• `� ;.,� •, / ; r 35.28022,-81.00630 600 is 0 e age posal°� EJ MoLlh HollyP �( ;- i f '. 0utfall001 f\ `\ Ca'■ ;1, r �% / Q 35.28029,-81.00839 fir' • '6sr ° %! /$ /' J,r + Ex. Long Creek i Pump Station 77 \`+,\ 35.27998,-81.00183 APO 41V 73 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 2 of 18 (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). Version 1110912011.2 NPDES Permit Standard Conditions Page 3 of 18 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 4 of 18 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. Version 1110912011.2 NPDES Permit Standard Conditions Page 5 of 18 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 6 of 18 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). Version 1110912011.2 NPDES Permit Standard Conditions Page 7 of 18 (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. Version 1110912011.2 NPDES Permit Standard Conditions Page 8 of 18 (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: Version 1110912011.2 NPDES Permit Standard Conditions Page 9 of 18 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 10 of 18 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 11 of 18 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 12 of 18 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 13 of 18 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. Version 1110912011.2 NPDES Permit Standard Conditions Page 14 of 18 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) Version 1110912011.2 NPDES Permit Standard Conditions Page 15 of 18 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, Version 1110912011.2 NPDES Permit Standard Conditions Page 16 of 18 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 17 of 18 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: Version 1110912011.2 NPDES Permit Standard Conditions Page 18 of 18 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. Version 1110912011.2 DEQ/DWR 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 lShort AHYU Po;_ ��it 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