NC0000272_Permit Issuance_20100526

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Dane Griswold, Plant Manager
Blue Ridge Paper Products
P.O. Box 4000
Canton, North Carolina 28716
Dear Mr. Griswold:
Division of Water Quality
Coleen H. Sullins
Director
May 26, 2010
Subject: NPDES Permit Issuance
Permit No. NC0000272
Blue Ridge Paper Products, Inc.
Haywood County
Dee Freeman
Secretary
The Division of Water Quality is forwarding herewith the Final NPDES permit for Blue Ridge Paper Product's Canton
mill. This permit renewal 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).
Public hearings were held in Tennessee and North Carolina seeking comments on the Draft permit and proposed removal
of the color variance. Subsequently, U.S. EPA submitted an objection letter (dated February 22, 2010) on the Draft permit,
and required several permit changes. This Final permit addresses public comments, the specific EPA objections, and
incorporates additional recommendations of the DWQ Hearing Officer. The specific changes that have been incorporated
into this Final permit are as follows:
Color Technoloa. The starting annual average color limit has been changed to 38,020 lb/day based on EPA's use
of the 95% confidence limits. The final annual average color limit (after 4 years) has been changed to a range of
32,000-36,000 lb/day. A Color Reduction implementation plan will be required within one year of permit
issuance, and a reopener clause has been added that will allow the Division to include interim requirements and
dates for their achievement following review of the Implementation Plan. A Low Flow Contingency Plan for color
control shall be submitted within one year of permit issuance.
Color Variance. The consideration for color variance removal has been dropped from this permit renewal. The
facility will continue to operate under its current color variance, which will be subject to NC Environmental
Management Commission approval at a later date. Blue Ridge Paper may elect to conduct a color perception study
in the future to support removal of the color variance, and any such proposed study must be approved by the
Division of Water Quality.
CWA Section 316(a) Thermal Variance. The Balanced and Indigenous Population (BIP) study must conform with
EPA study guidelines, and is subject to EPA review. The monthly average delta temperature limit has been
changed to 8.5 degrees C based on EPA's use of a 95th percentile, which can be modified in the future based on
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org Naturally Equal Opportunity \ Affirmative Action Employer

results of the thermal modeling. Blue Ridge Paper will continue to monitor/report daily maximum and monthly
average effluent temperatures.
• Dioxin. A daily maximum dioxin effluent limit has been added, based on a 1.5 multiplier of the chronic limit.
Blue Ridge Paper will conduct three annual fish tissue monitoring events over the permit term. Two events must
be from Waterville Lake, while the third fish sampling may be from Waterville Lake or the mainstem Pigeon River
below the mill outfall.
• Turbid i . Instream turbidity monitoring (upstream and downstream at Fiberville Bridge) will be required the first
year, at 2/Month monitoring frequency. A turbidity reopener clause has been added to the permit.
• Hardness. Quarterly effluent hardness monitoring has been added to the permit.
• AOX Limits. Though not required by EPA Effluent Guidelines, AOX production -based limits will be held at the
2001 permit levels, based on the facility's performance history.
The Division of Water Quality commends Blue Ridge Paper for the progress made to date in improving water quality in the
Pigeon River, including a 90% reduction in color since 1988 and successful fish reintroduction projects. The Division has
thoroughly considered the comments provided by Blue Ridge Paper, U.S.EPA, the State of Tennessee, local communities
and environmental interest groups to develop this Final permit, which requires additional color reductions.
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 a demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division of Water Quality. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to
obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal
Area Management Act, or any other federal or local governmental permit.
If you have any questions on this permit, please contact Tom Belnick at 919-807-6390.
Sincerely,
ORGINAL SIGNED BY TOM BELNICK FOR DIRECTOR
Coleen H. Sullins
Hardcopy: Central Files, NPDES Files
Asheville Regional Office, SWPS
Email: US EPA, Region 4
Aquatic Toxicology Unit
Shannon Deaton, NC Wildlife Resources Commission
Paul Davis, TN Division of Water Pollution Control
David McKinney, TN Wildlife Resources Agency
Hope Taylor, Clean Water for NC
Hartwell Carson, French Broad Riverkeeper
Iliff McMahan, Mayor Cocke County, TN
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org Naturally Equal Opportunity \ Affirmative Action Employer

Permit Number: NC0000272
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Final 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,
Blue Ridge Paper Products Inc. dba Evergreen Packaging
is hereby authorized to discharge wastewater from a facility located at
Blue Ridge Paper Products Wastewater Treatment Plant
Off Highway 215
Canton
Haywood County
to receiving waters designated as the Pigeon River in the French 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 July 1, 2010.
This permit and authorization to discharge shall expire at midnight on June 30, 2015.
Signed this day May 26, 2010.
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit Number: NC0000272
SUPPLEMENT TO PERMIT COVER SHEET
Blue Ridge Paper Products, Inc. dba Evergreen Packaging
is hereby authorized to:
1. Continue operation of a 29.9 MGD wastewater treatment plant for the treatment of wastewater
associated with the Blue Ridge Paper Products Inc. pulp and paper mill, the Town of Canton's
chlorinated domestic wastewater and landfill leachate. The treatment system consists of the
following treatment units:
• Grit Chamber
Bar Screen
• Lift Pumps
Polymer addition
pH control ( CO2 injection or H2SO4 backup)
• Three primary clarifiers
• Nutrient Feed
Aeration basins
• Three secondary clarifiers
• Residual belt presses
Effluent flow measurement
• Cascade post aeration with oxygen injection
• Instream oxygen injection facilities
The facility is located at the Blue Ridge Paper Products WWTP, off Highway 215, Canton,
Haywood County, and;
2. Discharge treated wastewater from said treatment works at the location specified on the attached
map through outfall 001 into the Pigeon River, which is classified C water, in the French Broad
River Basin.

Latitude: 35°32'08"
Longitude: 82°50'42"
Quad# E7SE
Receiving Stream: Pigeon River
Stream Class: C
Subbasin: 40305
NC0000272
Blue Ridge Paper Products
. Canton Mill
Facility
Location
North 1 SCALE 1:24000

Permit Number: NC0000272
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge treated industrial, municipal, stormwater and landfill wastewater through
outfall(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below:
Effluent Characteristics
Effluent Limits
Monitoring Requirements
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample
Locations
Flow
29.9 MGD
Continuous
Recording
I or El
BOD, 5-day, 20°C
3205 lb/day
10897 lb/day
Daily
Composite
1, El
Total Suspended Solids
12549 lb/day
495601b/day
Daily
Composite
I, E1
NH3-N
Daily
Composite
El
AOX2
1556.9lb/day
2822.2lb/day
Weekly
Composite
El
Color 3
52,000lb/day
105,250
lb/day
Daily
Composite
El
Dissolved Ox en'
Daily
Grab
El
Tem erature
Daily
Grab
El
pHo
Daily
Grab
El
Conductivity
Daily
Grab
El
Fecal Coliform
200/ 100 mL
400/ 100 mL
Weekly
Grab
El
COD
Weekly
Composite
El
Total Nitrogen
(NO2-N + NO3-N + TKN)
Monthly
Composite
El
Total Phosphorus
Monthly
Composite
El
Chronic Toxicit
Quarterly
Composite
El
Trichloro henol
30.6lb/day
Quarterly
Composite
El
Pentachloro henol
4.9 lb/day
Quarterly
Composite
El
Selenium
Annual
Composite
El
2,3,7,8 Tetrachloro-dibenzo-
p-dioxin
0.04 pg/L
0.06 pg/L
Annual
Composite
1, E1
Conductivitylo
Daily
Grab
Pigeon River
Flow
Daily
Grab
Pigeon River
Fecal Coliformlo
Weekly
Grab
Pigeon River
Color
Variable
Grab
Pigeon River
Dissolved Oxygenlo
Variable
Grab
Pigeon River
Temperature 10, 11
Variable
Grab
Pigeon River
Zinc
Quarterly
Composite
El
Hardness
Quarterly
Composite
El
Turbidity 14
2/Month
Grab
El, Pigeon
River
Footnotes:
1. Sample Location: I- Influent, El — Effluent, Pigeon River - Instream sampling as specified in A. (5.) Instream
Monitoring Special Condition.
2. AOX monitoring shall be in accordance with the Sampling Plan for Cluster Rule Parameters (dated March 19,
2001) or subsequent modifications approved by the Division. AOX data shall be submitted on a quarterly basis
along with other Effluent Guideline chemical data; refer to A. (7.) Effluent Guideline Sampling Plan Special
Condition.
3. Annual average color limit is 38,0201b/day, which will decrease to 32,000-36,000 lb/day no later than 4 years
after the permit effective date. See A. (8.) Color Analysis and Compliance Special Condition. All color limits
are measured as true color.
4. The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/L. See A. (10.)
Dissolved Oxygen Special Condition.
5. The permittee shall report daily and monthly average effluent temperature.

Permit Number: NC0000272
6. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units scale).
7. Chronic Toxicity (Ceriodaphnia) at 90% Effluent Concentration: March, June, September, December (see A.
(4.) Chronic Toxicity Permit Limit (Quarterly)).
8. Trichlorophenol and Pentachlorophenol limits and monitoring are provisionally waived since the facility has
certified that chlorophenolic biocides are not used at this facility. If the facility changes operations to include
chlorophenolic biocide, the Permittee shall notified the Division prior to use and the limits and monitoring
requirements shall become immediately effective.
9. See A. (9.) Dioxin Monitoring Special Condition.
10. See A. (5.) Instream Monitoring Special Condition.
11. The monthly average instream temperature measured at a point 0.4 miles downstream of the discharge location
shall not exceed 32°C during the months of July, August, and September and shall not exceed 29 °C during the
months of October through June. The monthly average instream temperature measured at this location shall not
exceed the monthly average instream temperature of the upstream monitoring location by more than 8.5°C. This
value can be adjusted based on the results of thermal modeling [See Special Condition A.(12.) Temperature
Variance Review Special Condition].
12. Monitoring should be conducted in conjunction with Whole Effluent Toxicity Testing.
13. Monitoring should be conducted in conjunction with zinc monitoring.
14. Monitoring shall be conducted upstream of the discharge (mile marker 63.8) and at Fiberville Bridge for 1 year
(12 months). The monitoring shall not occur within 72 hours of a rain event. This permit may be reopened and
modified to include a turbidity limit if a reasonable potential to exceed the State's numeric criterion is found to
exist.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
See A. (6.) Best Management Practices (BMP) Special Condition.
See A. (11.) Town of Canton Inflow and Infiltration Special Condition.
Definitions:
MGD — Million gallons per day lb/day — Pounds per day
mL — Milliliter BOD — Biochemical Oxygen Demand
µg/L - Micrograms per liter AOX - Adsorbable Organic Halides
COD - Chemical oxygen demand pg/L - picograms per liter

Permit Number: NC0000272
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon the effective date of the permit and lasting until expiration, the
discharge of wastewater from the pine bleach plant to the wastewater treatment plant through
internal outfall(s) 002 (E21), shall be limited and monitored by the Permittee as specified below and in A.
(7.) Effluent Guideline Sampling Plan Special Condition:
Effluent Characteristics
Limits
Monitoring Requirements
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type3
Sample
Location'
Flow2
Weekly
Calculated
E2
Chloroform
5.1lb/day
8.6lb/day
Quarterly
Grab
E2
2,3,7,8 Tetrachloro-dibenzo-
p-dioxin (TCDD)
< 10 pg/L
Annual
Composite
E2
2,3,7,8 Tetrachloro-dibenzo-
p-f Iran (TCDF)
31.9 pg/L
Annual
Composite
E2
Trichlorosyringol
< 2.5 µg/LS
Quarterly
Composite
E2
3,4,5-Trichlorocatechol
< 5.0 µg/L5
Quarterly
Composite
E2
3,4,6-Trichlorocatechol
< 5.0 µg/LS
Quarterly
Composite
E2
3,4,5-Trichloroguaiacol
< 2.5 µg/LS
Quarterly
Composite
E2
3,4,6-Trichloroguaiacol
< 2.5 µg/LS
Quarterly
Composite
E2
4,5,6-Trichloroguaiacol
< 2.5 µg/LS
Quarterly
Composite
E2
2,4,5-Trichlorophenol
< 2.5 µg/LS
Quarterly
Composite
E2
2,4,6-Trichlorophenol
< 2.5 µg/L5
Quarterly
Composite
E2
Tetrachlorocatechol
< 5.0 µg/L5
Quarterly
Composite
E2
Tetrachloroguaiacol
< 5.0 µg/LS
Quarterly
Composite
E2
2,3,4,6-Tetrachlorophenol
< 2.5 µg/LS
Quarterly
Composite
E2
Pentachlorophenol
< 5.0 µg/LS
Quarterly
Composite
E2
Fontnntea
1. Sample Location: E2 — Effluent is composed of Bleach Plant Effluent -acid (acid sewer collected from tap
installed on filtrate pump from C102 bleaching stage D-100 and from tap installed on filtrate pump from C102
bleaching stage D-2) and Bleach Plant Effluent -alkaline (alkaline sewer collected from tap installed on filtrate
pump from alkaline extraction stage E,). See A. (7.) Effluent Guideline Sampling Plan Special Condition
2. Monitoring and flow calculations shall be in accordance with the "Sampling Plan for Cluster Rule Parameters"
(dated March 19, 2001) or subsequent modifications approved by the Division. Chemical results for Effluent
Guideline parameters as prepared by the permittee (Internal Outfall 002 parameters +internal Outfall 003
parameters + AOX from Outfall 001) shall be reported on a quarterly basis or more frequently; refer to A. (7.)
Effluent Guideline Sampling Plan Special Condition.
3. Sample Type: Calculated- calculate separate flows for alkaline and acid sewers by water balance or flow
meters, and report total bleach plant flow (acid + alkaline wastestreams) in DMRs. Grab- collect separate grab
samples every 4-hours for 24-hour period from both the acid and alkaline streams, which will then be
composited separately by the lab, and analyzed as separate 24-hr composite acid and alkaline samples.
Composite- collect separate grab samples every 4 hours for 24-hour period from both the acid and alkaline
streams, then prepare and analyze a single flow -proportioned composite of the acid and alkaline wastestream.
4. For compliance purposes, the permittee must report the total chloroform mass loading based on addition of
separate acid and alkaline chloroform mass loadings.
5. Limits are based on Minimum Levels (ML) specified in 40 CFR 430.01.
Definitions:
lb/day — Pounds per day µg/L — Micrograms per liter
pg/L — Picograms per liter

Permit Number: NC0000272
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon the effective date of the permit and lasting until expiration, the
discharge of wastewater from the hardwood bleach plant to the wastewater treatment plant through
internal outfall(s) 003 (E31), shall be limited and monitored by the Permittee as specified below and in A.
(7.) Effluent Guideline Sampling Plan Special Condition:
Effluent Characteristics
Limits
Monitoring Requirements
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type3
Sample
Location'
Flow2
Weekly
Calculated
E3
Chloroform
6.5lb/day
10.9lb/day
Quarterly
Grab
E3
2,3,7,8 Tetrachloro-dibenzo-
p-dioxin (TCDD)
< 10 pg/L
Annual
Composite
E3
2,3,7,8 Tetrachloro-dibenzo-
p-f Iran (TCDF)
31.9 pg/L
Annual
Composite
E3
Trichlorosyringol
< 2.5 µg/LS
Quarterly
Composite
E3
3,4,5-Trichlorocatechol
< 5.0 µg/L5
Quarterly
Composite
E3
3,4,6-Trichlorocatechol
< 5.0 µg/LS
Quarterly
Composite
E3
3,4,5-Trichloroguaiacol
< 2.5 µg/LS
Quarterly
Composite
E3
3,4,6-Trichloroguaiacol
< 2.5 µg/LS
Quarterly
Composite
E3
4,5,6-Trichloroguaiacol
< 2.5 µg/LS
Quarterly
Composite
E3
2,4,5-Trichlorophenol
< 2.5 µg/LS
Quarterly
Composite
E3
2,4,6-Trichlorophenol
< 2.5 µg/L5
Quarterly
Composite
E3
Tetrachlorocatechol
< 5.0 µg/L5
Quarterly
Composite
E3
Tetrachloroguaiacol
< 5.0 µg/LS
Quarterly
Composite
E3
2,3,4,6-Tetrachlorophenol
< 2.5 µg/LS
Quarterly
Composite
E3
Pentachlorophenol
< 5.0 µg/LS
Quarterly
Composite
E3
Fontnntea
1. Sample Location: E3 — Effluent is composed of Bleach Plant Effluent -acid (acid sewer collected from tap
installed on filtrate pump from C102 bleaching stage D-100) and Bleach Plant Effluent -alkaline (alkaline
sewer collected from tap installed on filtrate pump from alkaline extraction stage E,). See A. (7.) Effluent
Guideline Sampling Plan Special Condition.
2. Monitoring and flow calculations shall be in accordance with the "Sampling Plan for Cluster Rule Parameters"
(dated March 19, 2001) or subsequent modifications approved by the Division. Chemical results for Effluent
Guideline parameters, as prepared by the permittee (Internal Outfall 002 parameters + internal Outfall 003
parameters + AOX from Outfall 001) shall be reported on a quarterly basis or more frequently; refer to A. (7.)
Effluent Guideline Sampling Plan Special Condition.
3. Sample Type: Calculated- calculate separate flows for alkaline and acid sewers by water balance or by flow
meter, and report total bleach plant flow (acid + alkaline wastestreams) in DMRs. Grab- collect separate grab
samples every 4-hours for 24-hour period from both the acid and alkaline streams, which will then be
composited separately by the lab, and analyzed as separate 24-hr composite acid and alkaline samples.
Composite- collect separate grab samples every 4 hours for 24-hour period from both the acid and alkaline
streams, then prepare and analyze a single flow -proportioned composite of the acid and alkaline wastestream.
4. For compliance purposes, the permittee must report the total chloroform mass loading based on addition of
separate acid and alkaline chloroform mass loadings.
5. Limits are based on Minimum Levels (ML) specified in 40 CFR 430.01.
Definitions:
lb/day — Pounds per day µg/L — Micrograms per liter
pg/L — Picograms per liter

Permit Number: NC0000272
A. (4.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 90%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions. The tests will be performed during the months of March, June, September, December. Effluent sampling
for this testing 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 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the `North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) 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 THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
Attention: North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch 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 Environmental Sciences Branch 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. Should any test data from this monitoring requirement or
tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,
this permit may be re -opened and modified to include alternate monitoring requirements or limits.
If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring
shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted.
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.

Permit Number: NC0000272
A. (5.) INSTREAM MONITORING SPECIAL CONDITION
Stream
Mile
Location Description
Parameter
Frequency
Designation
Marker
UP
63.8
Pigeon River upstream of the
Temperature
Daily
waste treatment plant outfall
D.O.
Daily
(prior to mixing with the
Conductivity
Daily
discharge)
Color'
2/Week
Flow'
Daily
Fecal Coliform
Weekly
DN 13
62.9
Pigeon River at Fiberville Bridge
Temperature
Daily
D.O.
Daily
Conductivity
Daily
Color'
2/Week
DN2 3
57.7
Pigeon River Above Clyde
Temperature
Daily
D.O.
Daily
DN3
55.5
Pigeon River Below Clyde
See Footnote 3
See Footnote 3
DN4
53.5
Pigeon River at NCSR 1625
See Footnote 3
See Footnote 3
DN5 42.6 Pigeon River at Hepco
Temperature
Weekly
D.O.
Weekly
Color'
Weekly
Flow'
Daily
DN6 26.0 Pigeon River prior to mixing with
Color
Weekly
Big Creek
BC — 26.0 Mouth of Big Creek prior to
Color
Weekly
mixing with the Pigeon River
DN7 24.7 Pigeon River at Browns Bridge
Temperature
Weekly
(� NC/TN State Line)
D.O.
Weekly
Color'
Weekly
All instream samples shall be grab samples.
Footnotes:
1. Color (See A. (8.) Color Analysis and Compliance Special Condition). All instream samples collected
shall be representative of the Pigeon River and Big Creek, respectively. Both true and apparent color
shall be monitored using the methods specified in A. (8.) Color Analysis and Compliance Special
Condition. Samples shall be collected at stations DN6, BC, and DN7 only when at least one generator
at Progress Energy is in operation and releasing water to the Pigeon River. Samples collected at DN1
shall be collected from the middle or midpoint of the transect of the Pigeon River.
2. Flow monitoring is necessary, as specified above for the True Color calculation.
3. Dissolved Oxygen. The average daily dissolved oxygen concentration measured at River Mile 62.9
(DN1), and 57.7 (DN2), shall not be less than 5.0 mg/L and the instantaneous minimum dissolved
oxygen concentration shall not be less than 4.0 mg/L (See A. (10.) Dissolved Oxygen Special
Condition). If the dissolved oxygen drops below 5.0 mg/L at station 57.7 then monitoring shall be
required at stations 55.5 (DN3) and 53.5 (DN4).

Permit Number: NC0000272
A. (6.) BEST MANAGEMENT PRACTICES (BMP) SPECIAL CONDITION
The permittee must implement the BMPs specified below. The primary BMP objective is to prevent
leaks and spills of spent pulping liquors, soap, and turpentine. A secondary objective is to contain,
collect, and recover at the immediate process area, or otherwise control, those leaks, spills, and intentional
diversions of spent pulping liquor, soap, and turpentine that do occur. BMPs must be developed
according to best engineering practices and must be implemented in a manner that takes into account the
specific circumstances at the mill.
Section A. BMP Implementation Requirements
1. The permittee must return spilled or diverted spent pulping liquors, soap, and turpentine to the
process to the maximum extent practicable as determined by the mill, recover such materials outside
the process, or discharge spilled or diverted material at a rate that does not disrupt the receiving
wastewater treatment system.
2. The permittee must maintain a program to identify and repair leaking equipment items. This program
must include: (i) Regular daily visual inspections of process area with equipment items in spent
pulping liquor, soap, and turpentine service; (ii) Immediate repair of leaking equipment items, when
possible. Leaking equipment items that cannot be repaired during normal operations must be
identified, temporary means for mitigating the leaks must be provided, and the leaking equipment
items repaired during the next maintenance outage; (iii) Identification of conditions under which
production will be curtailed or halted to repair leaking equipment items or to prevent pulping liquor,
soap, and turpentine leaks and spills; and (iv) A means for tracking repairs over time to identify those
equipment items where upgrade or replacement may be warranted based on frequency and severity of
leaks, spills, or failures.
3. The permittee must operate continuous, automatic monitoring systems that the mill determines are
necessary to detect and control leaks, spills, and intentional diversions of spent pulping liquor, soap,
and turpentine. These monitoring systems should be integrated with the mill process control system
and may include, e.g., high level monitors and alarms on storage tanks; process area conductivity (or
pH) monitors and alarms; and process area sewer, process wastewater, and wastewater treatment plant
conductivity (or pH) monitors and alarms.
4. The permittee must maintain a program of initial and refresher training of operators, maintenance
personnel, and other technical and supervisory personnel who have responsibility for operating,
maintaining, or supervising the operation and maintenance of equipment items in spent pulping
liquor, soap, and turpentine service. The refresher training must be conducted at least annually and
the training program must be documented.
5. The permittee must prepare a brief report that evaluates each spill of spent pulping liquor, soap, or
turpentine that is not contained at the immediate process area and any intentional diversion of spent
pulping liquor, soap, or turpentine that is not contained at the immediate process area. The report
must describe the equipment items involved, the circumstances leading to the incident, the
effectiveness of the corrective actions taken to contain and recover the spill or intentional diversion,
and plans to develop changes to equipment and operating and maintenance practices as necessary to
prevent recurrence. Discussion of the reports must be included as part of the annual refresher training.
6. The permittee must maintain a program to review any planned modifications to the pulping and
chemical recovery facilities and any construction activities in the pulping and chemical recovery areas
before these activities commence. The purpose of such review is to prevent leaks and spills of spent
pulping liquor, soap, and turpentine during the planned modifications, and to ensure that construction
and supervisory personnel are aware of possible liquor diversions and of the requirement to prevent
leaks and spills of spent pulping liquors, soap, and turpentine during construction.
7. The permittee must install and maintain secondary containment (i.e., containment constructed of
materials impervious to pulping liquors) for spent pulping liquor bulk storage tanks equivalent to the
volume of the largest tank plus sufficient freeboard for precipitation. An annual tank integrity testing
program, if coupled with other containment or diversion structures, may be substituted for secondary
containment for spent pulping liquor bulk storage tanks.

Permit Number: NC0000272
8. The permittee must install and maintain secondary containment for turpentine bulk storage tanks.
9. The permittee must install and maintain curbing, diking or other means of isolating soap and
turpentine processing and loading areas from the wastewater treatment facilities.
10. The permittee must conduct wastewater monitoring to detect leaks and spills, to track the
effectiveness of the BMPs, and to detect trends in spent pulping liquor losses. Such monitoring must
be performed in accordance with Section E.
Section B. BMP Plan Requirements
1. The permittee must maintain and implement a BMP Plan. The BMP Plan must be based on a detailed
engineering review as described in this section. The BMP Plan must specify the procedures and the
practices required for the mill to meet the requirements of Section A, the construction the mill
determines is necessary to meet those requirements including a schedule for such construction, and
the monitoring program (including the statistically derived action levels) that will be used to meet the
requirements of Section E. The BMP Plan also must specify the period of time that the mill
determines the action levels established under Section D may be exceeded without triggering the
responses specified in Section E.
2. The permittee must conduct a detailed engineering review of the pulping and chemical recovery
operations --including but not limited to process equipment, storage tanks, pipelines and pumping
systems, loading and unloading facilities, and other appurtenant pulping and chemical recovery
equipment items in spent pulping liquor, soap, and turpentine service --for the purpose of determining
the magnitude and routing of potential leaks, spills, and intentional diversions of spent pulping
liquors, soap, and turpentine during the following periods of operation: (i) Process start-ups and shut
downs; (ii) Maintenance; (iii) Production grade changes; (iv) Storm or other weather events; (v)
Power failures; and (vi) Normal operations.
3. As part of the engineering review, the permittee must determine whether existing spent pulping liquor
containment facilities are of adequate capacity for collection and storage of anticipated intentional
liquor diversions with sufficient contingency for collection and containment of spills. The engineering
review must also consider: (i) The need for continuous, automatic monitoring systems to detect and
control leaks and spills of spent pulping liquor, soap, and turpentine; (ii) The need for process
wastewater diversion facilities to protect end -of -pipe wastewater treatment facilities from adverse
effects of spills and diversions of spent pulping liquors, soap, and turpentine; (iii) The potential for
contamination of storm water from the immediate process areas; and (iv) The extent to which
segregation and/or collection and treatment of contaminated storm water from the immediate process
areas is appropriate.
4. The permittee must amend its BMP Plan whenever there is a change in mill design, construction,
operation, or maintenance that materially affects the potential for leaks or spills of spent pulping
liquor, turpentine, or soap from the immediate process areas.
5. The permittee must complete a review and evaluation of the BMP Plan five years after the first BMP
Plan is prepared and, except as provided in Section BA., once every five years thereafter. As a result
of this review and evaluation, the permittee must amend the BMP Plan within three months of the
review if the mill determines that any new or modified management practices and engineered controls
are necessary to reduce significantly the likelihood of spent pulping liquor, soap, and turpentine leaks,
spills, or intentional diversions from the immediate process areas, including a schedule for
implementation of such practices and controls.
6. The BMP Plan, and any amendments thereto, must be reviewed by the senior technical manager at the
mill and approved and signed by the mill manager. Any person signing the BMP Plan or its
amendments must certify to the Division under penalty of law that the BMP Plan (or its amendments)
has been prepared in accordance with good engineering practices and in accordance with this
regulation. The permittee is not required to obtain approval from the Division of the BMP Plan or any
amendments thereto.

Permit Number: NC0000272
Section C. BMP Recordkeeping Requirements
1. The permittee must maintain on its premises a complete copy of the current BMP Plan and the
records specified in Section C.2 and must make such BMP Plan and records available to the Division
for review upon request.
2. The permittee must maintain the following records for three years from the date they are created: (i)
Records tracking the repairs performed in accordance with the repair program described in Section A;
(ii) Records of initial and refresher training conducted in accordance with Section A; (iii) Reports
prepared in accordance with Section A; and (iv) Records of monitoring required by Sections A and E.
Section D. Establishment of Wastewater Treatment System Influent Action Levels
1. The permittee must conduct a monitoring program per Section D.2, for the purpose of defining
wastewater treatment system influent characteristics (or action levels), described in Section D.3, that
will trigger requirements to initiate investigations on BMP effectiveness and to take corrective action.
2. The permittee must employ the following procedures in order to develop the action levels required by
Section D:
Monitoring parameters. The permittee must collect 24-hour composite samples and analyze the
samples for a measure of organic content (e.g., Chemical Oxygen Demand (COD) or Total
Organic Carbon (TOC)). Alternatively, the mill may use a measure related to spent pulping liquor
losses measured continuously and averaged over 24 hours (e.g., specific conductivity or color).
Monitoring locations. The permittee must conduct monitoring at the point influent enters the
wastewater treatment system. For the purposes of this requirement, the permittee may select
alternate monitoring point(s) in order to isolate possible sources of spent pulping liquor, soap, or
turpentine from other possible sources of organic wastewaters that are tributary to the wastewater
treatment facilities (e.g., bleach plants, paper machines and secondary fiber operations).
3. The permittee must maintain an influent action levels monitoring program using the procedures
specified in Section D and must maintain action levels based on the results of that program. A
wastewater treatment influent action level is a statistically determined pollutant loading determined
by a statistical analysis of six months of daily measurements. The action levels must consist of a
lower action level, which if exceeded will trigger the investigation requirements described in Section
E, and an upper action level, which if exceeded will trigger the corrective action requirements
described in Section E.
4. The permittee must complete a second six-month monitoring program using the procedures specified
in Section D and must establish revised action levels based on the results of that program. The initial
action levels shall remain in effect until replaced by revised action levels based on Section D5
requirements.
5. Action levels developed under this Section must be revised using six months of monitoring data after
any change in mill design, construction, operation, or maintenance that materially affects the potential
for leaks or spills of spent pulping liquor, soap, or turpentine from the immediate process areas.
Section E. BMP Monitoring, Corrective Action, and Reporting Requirements
1. The permittee must conduct daily monitoring of the influent to the wastewater treatment system in
accordance with the procedures described in Section D for the purpose of detecting leaks and spills,
tracking the effectiveness of the BMPs, and detecting trends in spent pulping liquor losses.
2. Whenever monitoring results exceed the lower action level for the period of time specified in the
BMP Plan, the permittee must conduct an investigation to determine the cause of such exceedance.
Whenever monitoring results exceed the upper action level for the period of time specified in the
BMP Plan, the permittee must complete corrective action to bring the wastewater treatment system
influent mass loading below the lower action level as soon as practicable.

Permit Number: NC0000272
3. Although exceedances of the action levels will not constitute violations of an NPDES permit, failure
to take the actions required by Section E.2 as soon as practicable will be a permit violation.
4. The permittee must report to the Division the results of the daily monitoring conducted pursuant to
Section E.1. Such reports must include a summary of the monitoring results, the number and dates of
exceedances of the applicable action levels, and brief descriptions of any corrective actions taken to
respond to such exceedances. Submission of such reports shall be annually, by March 315t of the
following year.
Section F. BMP Definitions
1. Action Level: A daily pollutant loading that when exceeded triggers investigative or corrective action.
Mills determine action levels by a statistical analysis of six months of daily measurements collected at
the mill. For example, the lower action level may be the 75th percentile of the running seven-day
averages (that value exceeded by 25 percent of the running seven-day averages) and the upper action
level may be the 90th percentile of the running seven-day averages (that value exceeded by 10
percent of the running seven-day averages).
2. Division: North Carolina DENR, Division of Water Quality, 1617 Mail Service Center, Raleigh,
North Carolina 27699-1617.
3. Equipment Items in Spent Pulping Liquor, Soap, and Turpentine Service: Any process vessel, storage
tank, pumping system, evaporator, heat exchanger, recovery furnace or boiler, pipeline, valve, fitting,
or other device that contains, processes, transports, or comes into contact with spent pulping liquor,
soap, or turpentine. Sometimes referred to as "equipment items."
4. Immediate Process Area: The location at the mill where pulping, screening, knotting, pulp washing,
pulping liquor concentration, pulping liquor processing, and chemical recovery facilities are located,
generally the battery limits of the aforementioned processes. "Immediate process area" includes spent
pulping liquor storage and spill control tanks located at the mill, whether or not they are located in the
immediate process area.
5. Intentional Diversion: The planned removal of spent pulping liquor, soap, or turpentine from
equipment items in spent pulping liquor, soap, or turpentine service by the mill for any purpose
including, but not limited to, maintenance, grade changes, or process shutdowns.
6. Mill: The owner or operator of a direct or indirect discharging pulp, paper, or paperboard
manufacturing facility subject to this section.
7. Senior Technical Manager: The person designated by the mill manager to review the BMP Plan. The
senior technical manager shall be the chief engineer at the mill, the manager of pulping and chemical
recovery operations, or other such responsible person designated by the mill manager who has
knowledge of and responsibility for pulping and chemical recovery operations.
8. Soap: The product of reaction between the alkali in kraft pulping liquor and fatty acid portions of the
wood, which precipitate out when water is evaporated from the spent pulping liquor.
9. Spent Pulping Liquor: For kraft and soda mills "spent pulping liquor" means black liquor that is used,
generated, stored, or processed at any point in the pulping and chemical recovery processes.
10. Turpentine: A mixture of terpenes, principally pinene, obtained by the steam distillation of pine gum
recovered from the condensation of digester relief gases from the cooking of softwoods by the kraft
pulping process. Sometimes referred to as sulfate turpentine.

Permit Number: NC0000272
A. (7.) EFFLUENT GUIDELINE SAMPLING PLAN SPECIAL CONDITION
The bleach plant effluent samples (Outfalls 002 and 003) shall be analyzed for 2,3,7,8-TCDD in
accordance with EPA Method 1613. A single sample, from each of the bleach plant effluents, may be
analyzed to determine compliance with the daily maximum effluent limitation.
The bleach plant effluent samples (Outfall 002 and 003) shall be analyzed for the 12 chlorinated phenolic
compounds in accordance with EPA Method 1653. A single sample, from each of the bleach plant
effluents, may be analyzed to determine compliance with the daily maximum effluent limitation. The
Minimum Levels for each of the 12 chlorinated compounds are the same as the Daily Maximum
concentrations listed on the effluent pages for the respective outfall(s).
The final wastewater treatment plant effluent sample (Outfall 001) shall be analyzed for AOX in
accordance with EPA Method 1650, or subsequent test methods approved by the Division.
The permittee may request future monitoring modifications to the Effluent Guideline requirements,
including 1) use of ECF certification in lieu of monitoring for chloroform in the bleach plant effluents
(Outfall(s) 002 and 003) 2) demonstrating compliance using samples collected less frequently than every
four hours; 3) using automated composite volatile samplers for chloroform sampling; and 4) using
automated composite samplers for chlorophenolic, 2,3,7,8 TCDD and 2,3,7,8 TCDF sampling. Such
future requests will be evaluated in accordance with 15A NCAC 2H.0114.
The flow calculations for internal Outfall(s) 002 and 003 shall not be subject to accuracy requirements
specified under Part II, Section D.3. This exclusion is similar to that provided for pump log flow
calculations.
Chemical data for Effluent Guideline parameters (Outfall(s) 002 and 003 parameters + AOX from Outfall
001) shall be submitted to the Division on a quarterly basis or more frequently (January- March, April -
June, July- September, October -December). Quarterly submissions shall be due 60 days following the
last day of each quarter (Due dates = May 31, August 31, November 30, and February 28). Chemical data
shall be submitted on Division -approved DMR forms, with a separate form provided for each month.

Permit Number: NC0000272
A. (g.) REQUIREMENTS FOR COLOR ANALYSIS AND COMPLIANCE SPECIAL CONDITION
The color reduction requirements contained in this special condition have been derived directly
from the mill's efforts to identify possible reduction measures and from the EPA Technology
Review Workgroup (TRW report dated February 25, 2008)
2. The average annual discharge of true color for each calendar year shall not exceed 38,020 pounds
per day. The monthly average effluent true color loading shall not exceed 52,000 pounds per day.
For the purpose of this permit only, "pounds of true color" is calculated by the following
equation:
Effluent Flow (MGD) x Effluent True Color Level (Platinum Cobalt Units) x 8.34.
All samples collected for color analysis and for use in the above calculation shall be measured
and reported using the procedure referenced in 39 FR 430.11 (b) (May 29, 1974) - true and
apparent color or as amended by the EPA.
4. Four years after the permit effective date, the average annual discharge of true color for each
calendar year shall not exceed 32,000-36,000 pounds per day
5. The permittee shall not increase the mill's pulp production capacity during the term of this permit,
unless the permittee can demonstrate that the increased production can be achieved while
reducing color loading. In addition, increasing the mill's pulp production capacity may require
permit revision in accordance with North Carolina's NPDES Permitting rules.
6. The NPDES Permit shall be subject to reopening in order to modify the color requirements based
upon the following:
Any breakthrough in color removal technologies. Such breakthroughs shall be brought to
the NPDES Committee for consideration, by Blue Ridge Paper and the Division of Water
Quality, as soon as they are discovered.
• An acceptable statistical analysis of effluent color discharge data demonstrating
significantly better color removal performance than that currently prescribed in the
permit, except as noted herein.
Successful application of end -of -pipe color reduction technology or in -mill color
minimization effort that results in significant and measurable reduced mass color
discharge.
The transfer of this NPDES permit will not proceed until any successor -in -interest to the current
permittee has agreed to accept the provisions of this permit.
8. The facility will provide annual progress reports to the Division on the color reduction efforts.
9. To minimize color discharges during periods of lowest river flow and higher recreational use in
the river, no major maintenance outages will be scheduled during the months of June, July and
August.
10. Based on the EPA TRW recommendations, the permittee shall evaluate the technologies
identified below and develop an implementation plan that would either utilize these technologies
when technically, operationally, or economically feasible, or identify other options that will result

Permit Number: NC0000272
in similar increments of color reduction. The TRW may review and comment on the justification
for any item among the following recommendations found by Blue Ridge Paper to be technically,
operationally, or economically infeasible:
A. The following suite of items will be implemented by the permittee, upon further expedited
evaluation if necessary to refine detailed design and operating parameters, during this permit
term:
• further improvements in leak and spill prevention and control (BMP's) covering all
process lines, including probable color -generating sources (e.g., sulfide containing)
among white and green liquors in the recovery cycle
• process optimization (enhanced extraction stages, reduced bleaching chemical use, etc.);
and
• addition of second stage oxygen delignification on the softwood/pine fiber line
The time necessary for Blue Ridge Paper to implement these items or alternatives in logical
sequence should realistically reflect the Mill's ability to design, fund, and install or implement
them at the earliest possible date. For example, an updated and detailed evaluation of the addition
of second stage oxygen delignification on the softwood fiber line should identify necessary
adjustments to upstream pulp digestion (e.g., kappa number targets), bleaching (e.g., bleaching
chemical usage rates, kappa factors) and downstream brightness/strength and other relevant
process control and product quality parameters, designing and costing, and refining color
reduction projections.
B. The following items will be evaluated and implemented as appropriate during this permit
term:
increasing filtrate recycle and use of the existing BFR process for the hardwood fiber line
reducing black liquor carryover by further evaluating in detail and adjusting operating
conditions in the direct contact evaporators (DCEs)
reducing impact of Chloride Removal Process (CRP) purge on treated effluent color by
gathering data sets over as long a period as possible, preferably at full scale, with and
without the CRP purge to better understand the impact on treatability of this source of
color. If it is determined that CRP color is found not to be removed in the treatment
system, further study should assess:
o securing whatever additional reductions are possible based on any
demonstrated technology that works and can be economically applied to this
waste stream, either within the mill and sewer system, or chlorine dioxide
pretreatment to reduce color in the CRP purge stream prior to introduction to
the treatment system
o avoiding release of the CRP purge during periods of low flow in the receiving
stream
better understanding and controlling, if possible, the physical and chemical mechanisms
underlying "sewer generated color". This will require a sustained effort going forward
beyond this permit term given that process changes and BMP improvements to be made
will more than likely further change the chemistry and mechanisms underlying "sewer
generated color".
improving color removal by the Mill's wastewater treatment plant via:
o better equalizing and further optimizing treatment by using polymers and other
chemicals to pretreat highly -colored segregated wastewaters including streams
that are diverted to the extra primary clarifier, or by other operational and/or
treatment means not yet identified

Permit Number: NC0000272
o investigating use of polymers or other chemicals upstream of the secondary
clarifiers, especially during periods of high influent color and/or low river flow
11. The facility shall submit the color reduction implementation plan within the first year of permit
issuance. The permit will be reopened and modified to include interim requirements and dates for
their achievement based on the submitted implementation plan.
12. The facility shall submit a low flow contingency plan for color control within the first year of
permit issuance.
A. (9.) DIOXIN MONITORING SPECIAL CONDITION
The permittee shall perform the analyses for dioxin and dibenzofuran as outlined below:
Sampling Point
Monitoring
Requirements
Measurement
Frequency
Sample Type
Influent to Wastewater
Treatment Plant'
Annual
Composite
Effluent
Annual
Composite
Sludge
Annual
Composite
Landfill Leachatel
Annual
Composite
Footnotes:
1. The samples shall be analyzed for 2,3,7,8-TCDD and 2,3,7,8 TCDF in accordance with EPA Method
1613. A single sample may be analyzed. Alternatively, the sample volumes may be collected to
enable the sample to be split (duplicate analysis). The Minimum Level in the effluent for 2,3,7,8-
TCDD and 2,3,7,8 TCDF by EPA Method 1613 is 10 pg/l.
2. The effluent samples shall be analyzed for the full range of dioxin and furan isomers as identified in
the list below and shall be in accordance with EPA Method 1613. A single sample may be analyzed.
Alternatively, the sample volumes may be collected to enable the sample to be split (duplicate
analysis). The minimum level using these methods for the purpose of compliance evaluation is
considered to be 10 picograms per liter
DIOXIN DIBENZOFURAN
Isomer Isomer
2,3,7,8 TCDD 2,3,7,8 TCDF
1,2,3,7,8 PeCDD 1,2,3,7,8 PeCDF
2,3,4,7,8 PeCDF
1,2,3,4,7,8 HxCDD 1,2,3,4,7,8 HxCDF
1,2,3,7,8,9 HxCDD 1,2,3,7,8,9 HxCDF
1,2,3,6,7,8 HxCDF
1,2,3,6,7,8 HxCDD 2,3,4,6,7,8 HxCDF
1,2,3,4,6,7,8 HpCDD 1,2,3,4,6,7,8 HpCDF
1,2,3,4,7,8,9 HpCDF
If dioxins or dibenzof Trans are detected in the effluent above the minimum level, the permittee shall
initiate Quarterly monitoring of sludge, landfill leachate, and effluent.

Permit Number: NC0000272
Additional Requirements
Annual dioxin fish tissue analysis shall be performed during the 1st, 3rd, and 51h calendar year of this
permit term in accordance with the Division of Water Quality approved monitoring plan. The monitoring
plan is an enforceable part of this permit. All dioxin data collected as part of this monitoring requirement
will be reported as required in the plan, no later than 180 days after sampling. The tissue monitoring will
be performed in Waterville Lake, although the facility may substitute one lake event with a sampling in
the Pigeon River below the outfall.
A. (10.) DISSOLVED OXYGEN SPECIAL CONDITION
The permittee shall maintain an average daily dissolved oxygen concentration of not less than 5.0 mg/L
with a minimum instantaneous value of not less than 4.0 mg/L at River Miles 62.9 (DN1) and 57.7
(DN2). The permittee shall operate oxygen injection facilities at the outfall structure, at 0.9 miles
downstream of the discharge, and at 2.1 miles downstream of the discharge, as necessary, to comply with
this requirement. These facilities shall be operated in a manner which will maintain the water quality
standard for dissolved oxygen in the Pigeon River downstream of the discharge. Blue Ridge Paper shall
report the date and duration of oxygen injection use as a supplement to the monthly Discharge Monitoring
Report (DMR) forms. If the dissolved oxygen drops below 5.0 mg/L at station DN2 then monitoring shall
be required at stations DN3 and DN4.
A. (11.) TOWN OF CANTON INFLOW AND INFILTRATION SPECIAL CONDITION
The permittee shall make continued efforts to promote reduction of inflow/infiltration to the Town of
Canton's wastewater collection system.
A. (12.) TEMPERATURE VARIANCE REVIEW SPECIAL CONDITION
Blue Ridge Paper shall complete an analysis of temperature, including thermal modeling and shall submit
a balanced and indigenous species study, no later than 180 days prior to the permit expiration date. As
part of this analysis, Blue Ridge Paper shall submit a complete temperature variance report documenting
the need for a continued temperature variance. The temperature delta of 8.5°C can be adjusted based on
the results of the BIP thermal modeling.
The study shall be performed in accordance with the Division of Water Quality approved plan. The
temperature analysis and the balanced and indigenous study plan shall conform to the specifications
outlined in 40 CFR 125 Subpart H and the EPA's Draft 316a Guidance Manual, dated 1977. The EPA
shall be provided an opportunity to review the plan prior to the commencement of the study.

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 Day
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
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NPDES Permit Standard Conditions
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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
(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. The "daily discharge" concentration
comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the
arithmetic mean of all grab samples collected during that period. (40 CFR 122.2)
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).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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NPDES Permit Standard Conditions
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
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, the geometric mean of such discharges.
Permit Issuing Authority_
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe proper 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, 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)
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or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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 II 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)].
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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.
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 150B-231.
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. Due to ReVply
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. 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. SigLiatory 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 122.221.
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;
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(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 122.22]
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 122.221
d. Certification. Any person signing a document under paragraphs a. or b. of this section 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."
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 2H.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 2H.0105
(b) (2) may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of
the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the
grade of the system 115A NCAC 8G.02011.
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The ORC of each Class I facility 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 8G.0204.
The ORC of each Class II, III and IV facility 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 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating
the operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the
existing facilities at optimum efficiency. 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).
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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.
(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. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage
sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the
utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate
applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for
the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even
if the permit is not modified to incorporate the requirement. 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 2H.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.
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Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and
time that is characteristic of the discharge over the entire 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 122.41
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:
NC DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. 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 http://portal.ncdenr.org/web/wq/lab/cert) 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
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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 122.411.
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
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 122.411.
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 122.411:
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 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 Reporting 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.
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2. Planned Changes
The Permittee shall give notice to the Director as
additions to the permitted facility [40 CFR 122.41 (1)]
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soon as possible of any planned physical alterations or
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).
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 approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such
action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)].
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, 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 Divisions Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part 11. E. 5 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)].
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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.
10. Availabili 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 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 122.411.
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste 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 DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
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 the Division has issued an
Authorization to Construct (AtC) permit. 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 Permittee 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. Evaluation of Wastewater Discharee Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the
terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a
report in such form and detail as required by the Division evaluating these alternatives and a plan of action within
60 days of notification by the Division.
Section E. Facility Closure Reauirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0)]
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 POTW's NPDES Permit or prevents sewage sludge
use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A
NCAC 21-1.0903 (b) (13)]
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 POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. 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 sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, 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. [15A NCAC 2H.0903 (b) (27)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC
21-1.0903 (b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the
maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. 140 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
1. 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
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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.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system 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. Under no circumstances shall the Permittee allow 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 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow 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 may 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;
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; and 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,
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
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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 discharging sending 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, the Permittee shall either develop and submit to the Division
a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (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 2H.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 122.44 0) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403,15A NCAC 2H.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 11 or Part IV of this permit are as defined in 15A NCAC 2H.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 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)]
2. Industrial Waste Survey, (IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (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. 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 B, 2, c, of this Part.
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 Part II,
Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .09051
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 122.441. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1).
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5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's 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 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization to Construct (AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) 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 2H.0906 (b) (6) 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 2H .0908(d); 40 CFR 403.8(f)(2)(v)]
The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited
pollutants, once during the period from January 1 through June 30 and once during the period from July 1
through December 31, except for organic compounds which shall be sampled at least once per calendar
year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in
40 CFR 136.3(a), Tables IC, ID, and IF, as amended.
8. IU Self Monitoring and 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 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERD
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP)
approved by the Division. [15A NCAC 2H .0906(b)(7) 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 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .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.
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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 twelve months to the Division at the
following address:
NC DENR / Division of Water Quality / Surface Water Protection Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in
Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCRj
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in
SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific
format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice
of SIUs in SNC, 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 Significant Industrial Users (SIUs) that were in Significant Non -
Compliance (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 2H .0903(b)(35), .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. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H .0906(a) 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 2H .0114 and 15A NCAC
2H .0907.
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