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HomeMy WebLinkAboutNC0020664_Draft Permit_20200129 y� d e i 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. ��D—� NorthNorth CarolinaSalisb Depart uryStreetmentI oIfi17 f EnMvironmentaailService Center I l Quality I RaleighDivisionNorth of WaterCarolina Resources Q�� 512 , 27699 1617 � w:r'wM ++m+v� /'/ 919.707.9000 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 Page 9 of 11 Permit NC0020664 • 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 Page o 10 f 11 Permit NC0020664 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. Page 11of11