HomeMy WebLinkAboutNC0020664_Draft Permit_20200129 y�
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ROY COOPER •1 is40�
Governor
MICHAEL S.REGAN
Secretary *fttomerso*
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
January 29, 2020
Mr. Scott Webber, Town Manager
Town of Spindale
PO Box 186
Spindale, North Carolina 28160
Subject: 2nd Draft NPDES Permit Renewal
Permit NC0020664
Spindale WWTP
Rutherford County
Grade IV Biological WPCS
SIC Code 4952
Dear Mr. Webber:
Enclosed with this letter is a copy of the second draft NPDES permit renewal for your facility.
This second draft is being sent for review and public comment in light of the proposed compliance
schedule, which represents a relaxation of prior limitations, and this requires a second Public
Notice. Please review this draft carefully to ensure thorough understanding of the requirements
and conditions it contains. There are several changes from the existing permit, including:
The following changes were made to the first draft permit sent to you on October 28, 2019:
• To provide an opportunity for the Town to collect additional Total Copper and Total Silver
data for possible reassessment with water quality standards, and to assess sources of Total
Copper and Total Silver in order to come into compliance with the limits in Section A. (1.),
a 3-year schedule of compliance has been added to the permit. If the Town wishes to have
the Division reassess Total Copper and/or Total Silver limitations based on additional data,
a permit modification must be applied for with submitted data [See Special Condition A.
(4.) Schedule of Compliance for Total Copper and Total Silver].
• The upstream sampling location was modified for a more accurate description [See Section
A. (1.), Footnote 2.].
• Wording in Special Condition A. (2.) Chronic Toxicity Pass/Fail Monitoring, and A. (3.)
— Effluent Pollutant Scan, have been updated to allow for electronic submittal. Please
review each special condition carefully.
A detailed response to the comments received from the Town of Spindale on November 26, 2019 1
and subsequent communication can be found in the Fact Sheet Addendum attached to this letter.
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The fmal permit maintains the following significant changes identified in the letter sent on
October 28, 2019:
• The Supplement to Permit Cover Sheet has been modified to reflect the corrections made
to the system refurbishment Authorization to Construct (AtC) Permit No. 020664A02 on
May 6, 2016.
• Per the results of instream waste concentration (IWC)-based calculations for ammonia-
nitrogen,ammonia nitrogen limits have been changed to reflect appropriate,separate limits
for summer and winter months [See A. (1.)].
• Based on the reasonable potential analysis (RPA) showing no reasonable potential to
violate state water quality standards, the monitoring requirement for selenium, zinc and
chlorides have been removed from the permit [See A. (1.)].
• Based on the RPA showing reasonable potential to violate state water quality standards,
total copper and total silver limits have been added to the permit and the quarterly
monitoring requirement has been changed to monthly monitoring [See A. (1.)].
• Based on Mercury TMDL evaluation showing mercury values reported at levels > 1 ng/L
and since the permitted flow is greater than 2 MGD, wording in Special Condition A. (4.)
Mercury Minimization Plan has been modified toward its maintenance.
• Based on DWR Instream Fecal Coliform Monitoring Guidance, since the facility
discharges to waters that are neither impaired for fecal coliform nor Class B waters, fecal
coliform has been removed from instream monitoring requirements [See A. (1.)].
• The NC 2007-2014 Water Quality Standard(WQS)Triennial Review was approved by the
NC Environmental Management Committee(EMC) on November 13, 2014. The US EPA
subsequently approved the WQS revisions on April 6,2016 with some exceptions.The NC
Division of Water Resources NPDES Permitting Unit is required to implement the new
dissolved metal standards in all permits public-noticed after April 6, 2016. The new
standards for most metals include acute standards. Further, the freshwater standards for
several metals are expressed as the dissolved form of the metals, and seven metals have
hardness-dependent equations. As a result, the NPDES Permitting Unit will need site-
specific effluent hardness data and instream hardness data, upstream of the discharge, for
each facility monitoring these metals in order to calculate permit limitations. Effluent
hardness and instream hardness sampling, upstream of the discharge, have been added to
the permit at a monitoring frequency of quarterly [See A. (1.)].
• The Town of Spindale reported Total Silver at less than detection, with detection levels <
2.5 µg/L in their DMR results and< 5.0 µg/L in the Effluent Pollutant Scans. The Town's
allowable discharge concentrations are 0.3 µg/L (chronic) and 1.7 µg/L (acute) for Total
Silver. DWR's laboratory identifies the target Practical Quantification Limits (PQLs) for
Total Silver as 1.0 µg/L. 15A NCAC 2B .0505 (e)(4)requires that all test procedures must
produce detection and reporting levels that are below the permit discharge requirements
and all data generated must be reported to the approved detection level or lower reporting
level of the procedure. If no approved methods are capable of achieving a detection level
below the permit discharge requirement(or allowable discharge concentration)the method
with the lowest detection level must be used. The Town should use sufficiently sensitive
test methods for all pollutants, including when performing Effluent Pollutant Scans.
• Special Condition A. (3.) has been modified to include the specific three years in which
the Effluent Pollutant Scan shall be performed (2021, 2022, and 2023). In addition, at the
end of the Special Condition, 2nd species Toxicity Testing Requirements for municipal
permit renewals per Federal Regulations [40 CFR 122.21(j)(5)] have been added.
Page 2 of 3
• Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The requirement to continue reporting discharge monitoring
data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)
internet application has been added to your NPDES permit [See A. (5.)].
• Parameter codes have been added to the Effluent Limitations and Monitoring Requirements
[See A. (1.)].
• Regulatory citations have been added to the permit.
• The permit map has been modified to show instream monitoring locations as well as
corrected outfall coordinates.
Please note that the receiving stream is listed as impaired for Fish Community on the 2018 North
Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the
Division,and instream data will continue to be evaluated. If there is noncompliance with permitted
effluent limits and stream impairment can be attributed to your facility, then mitigative measures
may be required.
The NPDES standard conditions(Parts II, III, and IV)that are a part of the permit are not included
in this draft document (cover, map, and Part I). The conditions are the same as in your current
permit except that agency and division names have been updated.The latest version is available at
https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file.
Concurrent with this notification the Division is publishing a notice in a newspaper having
circulation in the general Rutherford County area, soliciting public comments on this draft permit.
Please provide any written comments you may have to the following: NCDEQ/DWR, NPDES
Permitting Branch, 1617 Mail Service Center,Raleigh,NC 27699-1617 no later than 30 days after
receipt of this draft permit.
Following the 30-day public comment period,the Division will review all pertinent comments and
take appropriate action prior to issuing a final permit. If you have questions concerning this draft
permit,please call me at (919) 707-3611 or by email at gary.perlmutter@ncdenr.gov.
Sincerely,
4171a "
W
Gary Perlmutter, Environmental Specialist II
NPDES Complex Permitting Unit
Hardcopy: NPDES Files
eCopy: US EPA Region 4
DWR/Asheville Regional Office/Water Quality/Tim Heim
DWR/Operator Certification Program/Maureen Kinney
DWR/Aquatic Toxicology Branch/Hannah Headrick
Town of Spindale/Spindale WWTP/Guy O'Connor(ORC)
Maurice J. Walsh, P.E., LaBella(consultant)
Page 3 of 3
Fact Sheet Addendum
Only the Permittee provided comments to the Spindale WWTP (NC0020664) draft permit, public noticed
on November 2, 2019. Comments by Scott Webber,Town of Spindale (Permittee), are as follows:
• The Town requested an extension of the comment period, stating that it was unaware of the
comment due date, and unaware of the public notice.As the permit writer responded to a similar
extension inquiry by the facility's consultant engineer,the Division does not make extensions to any
one party in the interest of fairness to all stakeholders in the public comment period.An affidavit for
the public notice was received by DWR, stating a publication date of November 2, 2019.The
comment period ended December 5, 2019.
• The Town requested acceptance and review of additional effluent copper and silver data collected
over a three-week period ending December 17, 2019. The town argues the limits in the draft permit
"may have been based in part on incomplete or faulty data."
• The Town requested a "grace period" [i.e., a compliance schedule] of at least six months for Copper
and Silver limits to become effective, allowing time for increased sampling and investigation of
possible sources.
• The Town requested moving the upstream sample point to a safer location yet to be specified.
While the proposed location is argued to be accessible via the bridge only,the permit writer visited
the location off of a small turnout with the ORC and consultant engineer to observe the outfall. The
proposed upstream location is accessible from the outfall location.To make the upstream location
more representative of the receiving water, it needed to be at or downstream of the confluence of
Hollands and Catheys creeks, and upstream of the outfall.
The Division addressed the above comments via e-mail to the Permittee on December 19, 2019,
explaining the comment period and providing a pdf of the Public Notice affidavit.The Division allowed
the Permittee's request for time to collect additional data and propose an alternate upstream sampling
location.The Permittee's response was received on January 9, 2020.
The Permittee's response included a request for a one-year delay in implementing the Copper and Silver
limits to allow time for further sampling to be reassessed via an RPA, providing one set of influent and
effluent data collected in December 2019.The original upstream location was proposed as the safest
location for sampling.
The Division made the following permit changes based on evaluation of the Permittee's requests:
• A 3-yr compliance schedule has been added to meet Copper and Silver limits.The schedule includes
an option to reassess reasonable potential of Copper and Silver to exceed their water quality
standards upon receipt of additional data and an application for a permit modification.
• The original upstream monitoring location will be reinstated for safe access,finding that
comparative Hardness data between the original location and the proposed location were similar at
< 25 mg/L.
Permit NC0020664
STATE CARO
LINA
O F AR A
C
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Town of Spindale
is hereby authorized to discharge wastewater from a facility located at the
Spindale Wastewater Treatment Plant
Ecology Drive
Spindale
Rutherford County
to receiving waters designated as Catheys Creek in the Broad River Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective Month xx, 2019.
This permit and authorization to discharge shall expire at midnight on July 31, 2024.
Signed this day Month xx, 2019.
DRAFT
Linda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit NC0020664
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.
The Town of Spindale is hereby authorized to:
1. Continue to operate a 3.0 MGD wastewater treatment facility consisting of screening, grit removal,
extended aeration, clarification, chlorination, and dechlorination.
The facility is located at the Town of Spindale Wastewater Treatment Plant on Ecology Drive in
Spindale in Rutherford County.
2. After obtaining an Authorization to Construct permit, construct and operate a refurbished 3.0 MGD
wastewater treatment facility consisting of the following components:
• Mechanical screen system
• Grit removal system
• Influent meter
• Influent composite sampler
• Two (2) 2 MG aeration basins with bottom air diffuser systems, piping and controls
(refurbished eastern portion of existing 8 MG aeration basin)
• One (1) 4 MG EQ basin with four(4) new floating aerators, new pump station consisting of
3 (three) submersible pumps, piping, and controls (refurbished western portion of existing 8
MG aeration basin)
• Two (2) 75 ft diameter clarifiers
• One(1) 118 ft diameter clarifier
• Sludge pump station
• Chlorination
• Two (2) chlorine contact/post aeration chambers
• Dechlorination
• Effluent meter
• Effluent composite sampler
• One(1) 80 ft diameter sludge digester
• One(1) 100 ft diameter sludge digester
3. Discharge from said treatment works via Outfall 001 at the location specified on the attached map
into Catheys Creek, classified C waters in the Broad River Basin.
Page 2 of 11
Permit NC0020664
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade IV Biological Water Pollution Control System [15A NCAC 08G .0302]
a. Beginning on the effective date and lasting until permit expiration, the Permittee is authorized to
discharge treated wastewater from the Wastewater Treatment Plant via Outfall 001. Such discharges
shall be limited and monitored' by the Permittee as specified below:
EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS
Monthly Weekly Daily Measurement Sample Type Sample Parameter Code Average Average Maximum Frequency Location 2
Flow 50050 3.0 MGD Continuous RecordingInfluent or
Effluent
BOD,5-day,20°C Summer C0310 22.5 mg/L 38.2 mg/L DailyComposite
Influent and
g g p(Apr 1 -Oct 31)3 Effluent
Total Suspended Solids(TSS)3 C0530 30.0 mg/L 45.0 mg/L Daily Composite Influent and
Effluent
Ammonia(NH3-N)Summer 4.4 mg/L 13.2 mg/L Daily Composite Effluent
(Apr 1 -Oct 31)
- C0610
Ammonia(NH3-N)Winter 10.0 mg/L 30.0 mg/L Daily Composite Effluent
(Nov 1 -Mar 31)
Dissolved Oxygen(DO) 00300 Daily Average>_6.0 mg/L Daily Grab Effluent
Fecal Coliform 31616 200/100 mL 400/100 mL Daily Grab Effluent
(geometric mean)
Total Residual Chlorine(TRC)4 50060 28.0 µg/L Daily Grab Effluent
pH 00400 Between 6.0 and 9.0 Standard Units Daily Grab Effluent
Temperature(°C) 00010 Monitor and Report Daily Grab Effluent
Conductivity(pmhos/cm) 00094 Monitor and Report Daily Grab Effluent
Total Nitrogen C0600 Monitor and Report Quarterly Composite Effluent
(NO2+NO3+TKN)(mg/L)
Total Phosphorus(mg/L) C0665 Monitor and Report Quarterly Composite Effluent
Total Hardness(as CaCO3) 00900 Monitor and Report Quarterly Composite Effluent
(mg/L)5
Total Copper 6 01042 45.7 pg/L 53.4 pg/L Monthly Composite Effluent
Total Silver 6 01077 0.3 pg/L 1.7 pg/L Monthly Composite Effluent
Chronic Toxicity 7 TGP3B Quarterly Composite Effluent
Effluent Pollutant Scan NC01 Monitor and Report Footnote 8 Footnote 8 Effluent
Total Hardness(as CaCO3) 00900 Monitor and Report Quarterly Grab Upstream
(mg/L)9
Dissolved Oxygen(mglL) 00300 Monitor and Report Variable2 Grab Upstream,
Downstream
Temperature(°C) 00010 Monitor and Report Variable 2 Grab Upstream,
Downstream
Conductivity(pmhos/cm) 00094 Monitor and Report Variable 2 Grab Upstream,
Downstream
Footnotes on next page.
Page 3of11
Permit NC0020664
Footnotes:
1. The Permittee shall submit discharge monitoring reports electronically using NCDWR's eDMR application system;
see Section A.(6.).
2. Upstream is located approximately 220 ft upstream of NCSR 1510(Hudlow Road)bridge; downstream is located
at the NCSR 1549(Rock Corner Road)bridge. Stream samples shall be collected weekly from October 1 through
May 30,and 3/week from June 1 through September 30.
3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15%of the respective influent value
(85%removal).
4. The facilityshall monitor TRC when usingchlorination for disinfection. The Division shall consider all effluent
TRC values reported below 50 µg/L to be in compliance with the permit.However,the Permittee shall continue to
record and submit all values reported by a North Carolina certified laboratory (including field-certified), even if
these values fall below 50 µg/L.
5. Effluent Total Hardness sampling shall be conducted in conjunction with testing for hardness-dependent metals
(cadmium,chromium,copper,lead,nickel silver,and zinc).
6. The Permittee shall follow the compliance schedule detailed in Section A. (4.). The Permittee shall achieve
compliance with these limits within three years of the effective permit date.
7. Whole Effluent Toxicity shall be monitored using the Pass/Fail Chronic Toxicity test with Ceriodaphnia dubia at
19%effluent. Samples shall be collected in March,June, September, and December;see Section A. (2.).
8. The Permittee shall perform three Effluent Pollutant Scans during the term of this permit;see Section A.(3.).
9. The Permittee shall sample instream Total Hardness, upstream of the facility's discharge. The sample shall be
representative of the hardness in the receiving stream.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 11
Permit NC0020664
A. (2.) CHRONIC TOXICITY PASS/FAIL MONITORING (QUARTERLY)
[15A NCAC 02B .0200 et seq.]
The Permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the"North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," (Revised December 2010, or subsequent
versions).
The effluent concentration defined as treatment two in the procedure document is 19%.The testing shall
be performed as a Ceriodaphnia dubia 7-day pass/fail test. 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.
All toxicity testing results required as part of this permit condition will be entered electronically using
the Division's eDMR system for the month in which it was performed,using the parameter code TGP3B.
Additionally, DWR Form AT-1 (original) is to be sent to the following address:
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 and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine
of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of
the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity(AT) test
form indicating the facility name,permit number, pipe number, county, and the month/year of the report
with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the
Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then
monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test
requirement will revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division
of Water Resources indicate potential impacts to the receiving stream,this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
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,
Page 5 of 11
Permit NC0020664
shall constitute an invalid test and will require immediate follow-up testing to be completed no later
than the last day of the month following the month of the initial monitoring.
A. (3.) EFFLUENT POLLUTANT SCAN (Municipal POTWs) [NCGS 143-215.1(b)]
The Permittee shall perform a total of three (3) Effluent Pollutant Scans for all parameters listed below.
One scan must be performed in each of the following years: 2021, 2022, and 2023. 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
pP p
collected with one quarterly toxicity test each year, and must represent seasonal variation [i.e., do not
sample in the same quarter every year]. Unless otherwise indicated, metals shall be analyzed as "total
recoverable."
Ammonia(as N) C0610 1,2-dichloroethane 32103 Bis(2-chloroethoxy)methane 34278
Chlorine(total residual,TRC) 50060 Trans-1,2-dichloroethylene 34546 Bis(2-chloroethyl)ether 34273
Dissolved oxygen 00300 1,1-dichloroethylene 34501 Bis(2-chloroisopropyl)ether 34283
Nitrate 00620 1,2-dichloropropane 34541 Bis(2-ethylhexyl)phthalate 39100
Nitrite 00615 1,3-dichloropropylene 77163 4-bromophenyl phenyl ether 34636
Kjeldahl nitrogen 00625 Ethylbenzene 34371 Butyl benzyl phthalate 34292
Oil and grease 00556 Methyl bromide 34413 2-chloronaphthalene 34581
Phosphorus C0665 Methyl chloride 34418 4-chlorophenyl phenyl ether 34641
Total dissolved solids 70295 Methylene chloride 34423 Chrysene 34320
Hardness 00900 1,1,2,2-tetrachloroethane 81549 Di-n-butyl phthalate 39110
Antimony 01097 Tetrachloroethylene 34475 Di-n-octyl phthalate 34596
Arsenic 01002 Toluene 34010 Dibenzo(a,h)anthracene 34556
Beryllium 01012 1,1,1-tichloroethane 34506 1,2-dichlorobenzene 34536
Cadmium 01027 1,1,2-tichloroethane 34511 1,3-dichlorobenzene 34566
Chromium 01034 Trichloroethylene 39180 1,4-dichlorobenzene 34571
Copper 01042 Vinyl chloride 39175 3,3-dichlorobenzidine 34631
Lead 01051 Acid-extractable compounds: Diethyl phthalate 34336
Mercury(Method 1631E) COMER P-chloro-m-creso 34452 Dimethyl phthalate 34341
Nickel 01067 2-chlorophenol 34586 2,4-dinitrotoluene 34611
Selenium 01147 2,4-dichlorophenol 34601 2,6-dinitrotoluene C0626
Silver 01077 2,4-dimethylphenol 34606 1,2-diphenylhydrazine 34346
Thallium 01059 4,6-dinitro-o-cresol 34657 Fluoranthene C0376
Zinc 01092 2,4-dinitrophenol 34616 Fluorene 34381
Cyanide 00720 2-nitrophenol 34591 Hexachlorobenzene C0700
Total phenolic compounds 32730 4-nitrophenol 34646 Hexachlorobutadiene 39702
Volatile organic compounds: Pentachlorophenol 39032 Hexachlorocyclo-pentadiene 34386
Acrolein 34210 Phenol 34694 Hexachloroethane 34396
Acrylonitrile 34215 2,4,6-trichlorophenol 34621 Indeno(1,2,3-cd)pyrene 34403
Benzene 34030 Base-neutral compounds: Isophorone 34408
Bromoform 32104 Acenaphthene 34205 Naphthalene 34696
Carbon tetrachloride 32102 Acenaphthylene 34200 Nitrobenzene 34447
Chlorobenzene 34301 Anthracene CO220 N-nitrosodi-n-propylamine 34428
Chlorodibromomethane 34306 Benzidine 39120 N-nitrosodimethylamine 34438
Chloroethane 85811 Benzo(a)anthracene 34526 N-nitrosodiphenylamine 34433
2-chloroethyl vinyl ether 34576 Benzo(a)pyrene 34247 Phenanthrene 34461
Chloroform 32106 3,4 benzofluoranthene 34230 Pyrene 34469
Dichlorobromomethane 32101 Benzo(ghi)perylene 34521 1,2,4-trichlorobenzene 34551
1,1-dichloroethane 34496 Benzo(k)fluoranthene 34242
I
Page 6 of 11
Permit NC0020664
Reporting. Test results shall be reported electronically via eDMR or on DWR Form—DMR-PPA-1 (or
on a form approved by the Director) by December 31st of each designated sampling year. The report
shall be submitted to the following address:
NC DEQ /DWR/Central Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617.
Additional Toxicity Testing Requirements for Municipal Permit Renewal. Please note that
Municipal facilities that are subject to the Effluent Pollutant Scan requirements listed above are also
subject to additional toxicity testing requirements specified in Federal Regulation 40 CFR 122.21(j)(5)
and EPA Municipal Application Form 2A.The US EPA requires four(4)toxicity tests for a test organism
other than the test species currently required in this permit.The second species tests should be conducted
either quarterly for a 12-month period prior to submittal of the permit renewal application, or four tests
performed at least annually in the four and one half year period prior to the application. The second
species tests must be multiple concentration (5 concentrations plus the control). These tests shall be
performed for acute or chronic toxicity, whichever is specified in this permit. POTWs performing
NPDES chronic Ceriodaphnia testing should perform chronic Fathead minnow testing. POTWs
performing NPDES acute Fathead Minnow testing should perform acute Ceriodaphnia testing. POTWs
performing NPDES chronic Mysid shrimp testing should perform chronic Silverside Minnow testing.
The second species toxicity test results shall be filed with the Aquatic Toxicology Branch at the
following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Contact the Division's Aquatic Toxicology Branch at 919-743-8401 for guidance on conducting the
additional toxicity tests and reporting requirements. Results should also be summarized in Part E
(Toxicity Testing Data) of EPA Municipal Application Form 2A, when submitting the permit renewal
application to the NPDES Permitting Unit.
Page 7 of 11
Permit NC0020664
A. (4.) SCHEDULE OF COMPLIANCE FOR TOTAL COPPER AND TOTAL SILVER
LIMITATIONS [NCGS 143-215.1 (b)]
1. Within one(1) year of the effective date of the permit, the Permittee shall submit to the Division
of Water Resources an Action Plan for Division approval, summarizing the strategy or actions to
be taken to achieve compliance with the Total Copper and Total Silver limitations listed in
Section A. (1.). This plan will include specific dates for completion or implementation of each
action.
2. Within two (2) years of the effective date of the permit, the Permittee shall submit a report to the
Division summarizing actions taken in accordance with the Action Plan.
3. The Permittee shall achieve compliance with Total Copper and Total Silver limitations specified
in Section A. (1.) within three(3) years of the effective date of the permit.
Upon approval of the Action Plan by the Division, the report and actions become an enforceable part of
this permit. The Division can reopen this permit to implement interim or alternative limits based on
studies that demonstrate an interim or alternate limit is appropriate. Any modifications to the schedule
shall be requested to the Division at least ninety (90) days before the deadline. Modifications to the
schedule in excess of four months will be subject to public notice.
Action Plan and Reports shall include the owner's name, NPDES permit number and Permittee contact
person, and shall be submitted to:
(1) NCDEQ /Division of Water Resources (2) NCDEQ/Division of Water Resources
NPDES Permitting Asheville Regional Office
1617 Mail Service Center 2090 US Hwy 70
Raleigh, NC 27699-1617 Swannanoa, NC 28778-8211
If within two (2) years of the permit effective date or 24 data points have been collected, and the data
suggest that Total Copper and/or Total Silver limits are no longer required, the Permittee may apply for
a permit modification to request a reassessment of these parameters' reasonable potential to exceed their
respective water quality standards.
A. (5.) MERCURY MINIMIZATION PLAN (MMP) [NCGS 143-215. 1 (b.)]
The Permittee shall maintain and continue to implement the Mercury Minimization Plan (MMP)
developed in the previous permit term. The MMP shall continue to be available for inspection on-site.
The MMP should place emphasis on identification of mercury contributors and goals for reduction.
Results shall be summarized and submitted with the next permit renewal. Performance of the MMP will
meet the requirements of the TMDL(Total Maximum Daily Load) for mercury approved by USEPA on
October 12, 2012, unless and until a Waste Load Allocation specific to this facility is developed and this
NPDES permit is amended to require further action to address the Waste Load Allocation.
Page 8of11
Permit NC0020664
A. (6.) ELECTRONIC REPORTING OF MONITORING REPORTS [NCGS 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports(DMRs)and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December
21, 2015.
NOTE: This Section 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 Section D. (2.) and Section E. (5.) (a)1
The Permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ/DWR/Water Quality Permitting Section
Attn: Central Files
1617 Mail Service Center
Raleigh,NC 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
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• 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.
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:
https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-di scharge-
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 five(5)years and shall thereupon expire.At such time,monitoring
data and reports shall be submitted electronically to the Division unless the Permittee re-applies for
and is granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
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4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)l
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 Section D. (6.)1
The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least three(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.
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