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NC0004308_PERMIT ISSUANCE_20080222
NPDES DOCYNENT SCANNING COVER SHEET NPDES Permit: NC0004308 ALCOA — Badin Works Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Correspondence Instream Assessment (67b) Environmental Assessment (EA) Permit History Document Date: February 22, 2008 Thi$ document iB p1r13Mted on reuse paper - ignoz-e arty content on the reYeree 1514e February 22, 2008 Mr. Mark J. Gross Alcoa, Inc. - Badin Works P.O. Box 576 Badin, North Carolina 28009-0576 Subject: Dear Mr. Gross: Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources NPDES Permit Issuance Permit No. NCO004308 Alcoa - Badin Works Stanly County Coleen W. Sullins, Director Division of Water Quality The Division of -Water Quality is forwarding herewith the NPDES permit for Alcoa's Badin Works, modified as stipulated in the Settlement Agreement executed today (06 EHR 1883). This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9,1994, as amended. 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 concerning the final permit, please contact Mike Templeton at (919) 733- 5083, extension 541, or at mike.templeton@ncmail.net. Sincerely, -Coleen H. Sullins Enclosure: NPDES Permit NCO004308 — Final (Settlement) Copies (w/ encl.): Mr. Z. T. (Tommy) Gibson, Jr.- Alcoa - Badin Works Mr. Larry McCaskill - Alcoa - Badin Works Chief, NP17ES and Biosolids Permits Section, Region IV, EPA Mooresville Regional Office, Surface Water Protection Technical Assistance and Certification Unit Aquatic Toxicity Unit Central Files �NPI)ES Files Division of Water Quality, point Source Branch Telephone (919) 733-7015 ore 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 FAX (919) 733-0719 Np hCarolina 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at httpy/h2c.enr.state.ncus/ Naturally An Equal Opportunity/Affirmative Action Employer •1h Permit No. NCO004308 •i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY IW0WS1I� TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Alcoa Inc. is hereby authorized to discharge wastewater from a facility located at the Alcoa - Badin Works NC Hwy. 740 & NCSR 1719 Stanly County to receiving waters designated as Little Mountain Creek and Badin Lake (Yadkin River) in the Yadkin - Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and W of this permit. This permit shall become effective .................... .....................................................................................March 1, 2008 This permit and the authorization to discharge shall expire at midnight on ........................... February 28, 2013 Signed this day ..................... February 22, 2008 Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0004308 SUPPLEMENT TO PERMIT COVER SHEET The authorihj to operate acid discharge frohhr this facilihj arises exc isively rrnder the terrtzs and colzditiofrs of this NPDES Pentrit. Therefore, upon the effective date of this permit, any and all previohts NPDES Perntits issued for this facility arid bearitrg this penzzit number are revoked. Alcoa Inc. is hereby authorized to: 1. Discharge the following: • non -contact cooling and make-up waters, condensate, fire protection water, groundwater, and stormwater at Outfall 002/502; • non -contact cooling and make-up waters, condensate, fire protection water, groundwater, and stormwater at Outfa11004/$04; • non -contact cooling water, condensate, fire protection water, groundwater, and stormwater at Outfall 005/505; • non -contact cooling water, condensate, fire protection water, groundwater, and stormwater at Outfall 012/512 (and at Outfall 011/511 when flows exceed the capacity of the diffuser); • groundwater and stormwater at Outfall 013; • groundwater seepage from the Old Brick Landfill and-stormwater at Outfall 019/S19; and • stormwater at OutfalIs 017, 018, and 020; all outfalIs being located at or near the Alcoa - Badin Works in Stanly County; and Discharge such process and ancillary process wastewaters, groundwater, and stormwater from locations specified on the attached map into an unnamed tributary to Little Mountain Creek (OutfaIls 004/SO4, 005/505, 017, and 018) and into Badin Lake (Yadkin River) (OutfalIs'002/S02, 01,1/511, 012/512, 013, 019/519, 020) which are classified as Class "C" waters and Class WS-IV CA & B"'waters, respectively, in the Yadkin -Pee Dee River Basin. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges A. Effluent Limitations and Monitoring Requirements B. Stormwater Management C. Special Conditions Part II: Standard Conditions for NPDES Permits Part III: Other Requirements Part IV: Special Conditions for Municipal Facilities Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization, or approval. This permit does not relieve the Permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. M VICINITY MAP USGS Quad #: F18NE, F18NW Badin & New London, NC N SCALE 1: 24,000 (1" = 20001 Alcoa, Inc. - Badin Works NC0004308 Receiving Stream: Badin Lake (Yadkin River) and UT to Little Mountain Creek Stream Classification: WS-IV CA & B; and C River Basin: Yadkin/Pee Dee Sub -Basin #: 03-07-08 iii Permit No. NC0004308 PART MONITORING, CONTROLS, AND -LIMITATIONS FOR PERMITTED DISCHARGES SECTION A - 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 wastewater and stormwater associated with the activities described in its current NPDES permit application. Such discharges shall be monitored, controlled, and limited as specified below. A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 002/S02 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling and make-up waters, condensate, fire protection waters, groundwater, and stormwater at Outfall 002/S02 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 002. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling and make-up waters, condensate, fire protection waters, orgroundwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample ,,• Sample Average Average Maximum Frequency Type " Location Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite Z E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Temperature (°C) 2/Month Grab E Total Fluoride Monthly Composite z E Total Residual Chlorine Monthly Grab E Acute Toxicity 3 Quarterly Composite z E (b.) Outfall S02. The following effluent limitations and monitoring requirements shall apply during'any calendar month in which the discharge consists entirely of stormwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency ° Type Location Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E pH Semi -Annually Grab E Total Fluoride Semi -Annually Grab . E Footnotes, A. (1.) : 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. Acute Toxicity (Fathead Minnow) 24 hr. P/F @ 90%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(2.), Acute Toxicity Permit Limit. 4. Monitoring should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. PART I, Page 1 of 18 Permit No! NC0004308 A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 004/SO4 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling and make-up waters, condensate, fire protection waters, groundwater, and stormwater at Outfall 004/SO4 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 004. The following effluent Iimitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling and make-up waters, condensate, fire protection waters, or groundwater. - PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Type Average Average Maximum Frequency Location' Flow Weekly Instantaneous E Total Residual Chlorine Z 17 ug/L Weekly Grab E Total Suspended Solids 2/Month Composite 3 E pH Shall remain within the range of 6.0 to 2/Month Grab E 4.0 standard units at all times Temperature (°C) See Footnote 4 2/Month Grab E Total Aluminum Monthly Composite a E Total Cyanide Monthly Composite 3 E Total Fluoride Monthly Composite 3 E Temperature (°C) See Footnote 4 Quarterly Grab U,D (b.) Outfall SO4. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. PARAMETER EFFLUENT LIMITATIONS - MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample 5 5ample Type Average Average Maximum Frequency Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E pH Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Cyanide Semi -Annually Grab E Total Fluoride Semi -Annually Grab E (c.) The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT IN THE FORM OF PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. See Condition C.(5.), Biocides. Footnotes, A.(2.) : 1. Sample locations: E - Effluent, U - Upstream, D - Downstream. 2. The Total Residual Chlorine limit shall become effective on November 1, 2008. The Division may re -open the final effluent limit based upon the results of a site -specific Method Detection Limit (MDL) study that Alcoa intends to conduct. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The discharge shall not cause the temperature of the receiving water to exceed 2.8°C above background and in no case exceed 32°C. 5. Monitoring should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. PART 1, Page 2 of 18 Permit No. NCO004308 A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005/S05 During the period beginning on the effective. date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling water, condensate, fire protection waters, groundwater, and stormwater at Outfall 005/S05 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 005. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling water, condensate, fire..protection waters, -groundwater, or compressor condensate. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement- Sample Sample Average Average Maximum Frequency Type Location Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite Z E Temperature (°C) See Footnote 4 2/Month Grab E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Total Aluminum Monthly Composite Z E Total Fluoride Monthly Composite 2 E Total Cyanide Monthly Grab E Total Residual Chlorine Monthly Grab E Chronic Toxicity 3 Quarterly Composite Z E (b) Outfall S05. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency 5 Type Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E (c.) The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT IN THE FORM OF PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. See Condition C.(5.), Biocides. (d.) The Division may re -open this permit: to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge.has a reasonable potential to impact receiving water quality. 1 - Footnotes, A.(3.) : 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. Chronic Toxicity (Ceriodaphnia) P/ F at 90%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(1.) , Chronic Toxicity Permit Limit. 4. The discharge shall not cause the temperature of the receiving water to exceed 2.8°C above background and in no case exceed 32°C. U,D monitoring for Outfall 004 shall be used to determine temperature changes at 004/005. 5. Monitoring should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. PART I, Page 3 of 18 Permit No-. NCO004308 A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 011/S11 (a.) During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge storm flows exceeding the Outfall 012 diffuser capacity at Outfall Oil subject to the following effluent limitations and monitoring requirements: PARAMETER EFFLUENT LIMITATIONS- MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average 2 Maximum Frequency Type Location' Flow Quarterly Instantaneous E Total Fluoride Quarterly Grab E Total Cyanide 3.4 46.6 ug/L Quarterly Grab E Oil & Grease Quarterly Grab E Total Suspended Solids Quarterly Grab E pH Shall remain within the range of 6.0 to Quarterly Grab E 9.0 standard units at all times Acute Toxicity See Footnotes 5,6 Annually Grab E (b) Outfall S11. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater exceeding the Outfall 012 diffuser capacity. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample 7 Sample Type Average Average Maximum Frequency Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Oil & Grease Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Cyanide Semi -Annually Grab E Total Fluoride Semi -Annually Grab E pH Semi -Annually. Grab E Footnotes, A.(4.) : 1. Sample locations: E- Effluent. 2. For the purposes of this permit, a minimum of one sample in a calendar week shall be sufficient to determine a parameter's "Weekly Average" value. 3. The Total Cyanide limit shall become effective on November 1, 2009. 4. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. However, for the purpose of compliance with this permit, the quantitation limit for Total Cyanide shall be defined as "10 ug/L, and the Division shall treat each reported value less than 10 ug/L as zero. 5. Monitoring for the annual toxicity test should coincide with that for one of the four quarterly cyanide tests. 6. Acute Toxicity (Fathead Minnow) monitoring, definitive; annual; see Condition C.(4.), Acute Toxicity Monitoring. If any annual toxicity test demonstrates toxicity ( LC-50 reported less than 100 %), testing shall increase to quarterly. If five (5) consecutive quarterly tests demonstrate no toxicity (LC-50 > 100%), testing shall revert to annually. Effluent may be filtered through a 2-4 mm mesh prior to testing. 7. Monitoring for these parameters should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. PART I, Page 4 of 18 Permit No. NCO004308 A.(5.) EFFLUENT LIMITATIONS AND:MONITORING REQUIREMENTS - Outfall 012/S12 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling water, condensate, fire protection waters, groundwater, and stormwater at Outfall 012/S12 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 012. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling water, condensate, fire protection waters, orgroundwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location' Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 2 E Oil & Grease 30.0 mg/L 60.0 mg/L 2/Month Grab E Total Cyanide 3 434.0 ug/L 2/Month Grab E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Total Aluminum Monthly Composite 2 E Total Fluoride Monthly Composite 2 E Total Residual Chlorine Monthly Grab E Chronic Toxicity 4 Quarterly Composite 2 E (b.) Outfall 512. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample s Sample Type Average Average Maximum Frequency Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Oil & Grease Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E Footnotes, A.(5.) : 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. The Permittee shall report on its Discharge Monitoring Reports the actual Iaboratory results for each effluent sample tested. However, for the purpose of compliance with this permit, the quantitation limit for Total Cyanide shall be defined as 10 ug/L, and the Division shall treat each reported value less than 10 ug/L as zero. 4. Chronic Toxicity (Ceriodaphnia) P/F at 16%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(I.), Chronic Toxicity Permit Limit, 5. Monitoring for these parameters should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. PART I, Page 5 of 18 Permit No: NC0004308' A.(6.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OutfaII 013 (a.) During the period beginning on the effective date of this permit And lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater and stomwater at Outfall 013 _ subject to the following effluent Iimitations and monitoring requirements: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Type Sample Average Averages Maximum Frequency Location' Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 3 E Total Fluoride 4 1.8 mg/L 2/Month Composite 3 E Total Cyanide 2/Month Grab E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Total Aluminum Monthly Composite 3 E Acute Toxicity See Footnote 5 Quarterly Composite 3 E (b.) The Division may re -open this permit to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge has a reasonable potential to impact receiving water quality or that this discharge consists of uncontaminated stormwater. Footnotes, A.(6.) : 1. Sample locations: E - Effluent. 2. For the purposes of this permit, a minimum of one sample in a calendar week shall be sufficient to determine a parameter's "Weekly Average" value. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The Total Fluoride limits shall become effective on November 1, 2009. 5. Acute Toxicity (Fathead Minnow) 24 hr. P/F Q 90%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(2.), Acute Toxicity Permit Limit. PART 1, Page 6 of 18 Permit No. NCO004308 A.(7.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 019/S19 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater seepage frorn the Old Brick Landfill and stormwa ter at Outfall 019/S19 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 019. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of groundwater seepage from the Old Brick Landfill. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Type Sample Average Average Maximum Frequency Location' Flow Quarterly Instantaneous E Total Suspended Solids Quarterly Grab E Total Aluminum Quarterly Grab E Total Fluoride Quarterly Grab E Total Cyanide Quarterly Grab E pH Shall remain within the range of 6.0 to Quarterly Grab E 9.0 standard units at all times Acute Toxicity I Quarterly Grab E (b) Outfall 519. The following effluent Iimitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. The Division may re -open this permit to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge has a reasonable potential to impact receiving water quality. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Type Average Average Maximum Frequency a Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E Footnotes, A.(7.) : 1. Sample locations: E - Effluent. 2. Acute Toxicity (Fathead Minnow) monitoring, definitive; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(3.), Acute Toxicity Monitoring. 3. Monitoring for these parameters should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. PART I, Page 7 of 18 /� Permit No: NC0004308 A.(8.) STORMWATER MONITORING REQUIREMENTS - Outfalls 017, 018, & 020 (a.) During the period beginning on the effective date of this permit and Iasting until the expiration date of this permit, the Permittee is authorized to discharge stormwater at Outfalls 017, 018, and 020 subject to the following effluent limitations and monitoring requirements: (i.) Analytical Monitoring: STORMWATER DISCHARGE UNITS CUT-OFF MONITORING REQUIREMENTS Measurement Sample Sample CHARACTERISTICS CONCENTRATION Frequency Type Location 2 Total Flow MG N/A Annual Footnote 3 SDO Total Rainfall inches N/A Annual Footnote 3 N/A Event Duration minutes N/A Annual Footnote 3 N/A Total Suspended Solids mg/L N/A Annual Grab SDO COD mg/L N/A Annual Grab SDO Total Aluminum mg/L N/A Annual Grab SDO Total Cyanide mg/L N/A Annual Grab SDO Total Fluoride mg/L N/A Annual Grab SDO (ii.) Visual and Other Monitoring: Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. All visual monitoring shall be documented and records maintained with the SPPP. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event, but must be performed at all discharge outfall locations. Documentation of the initial visual monitoring event during the term of the permit shall be submitted along with the required analytical monitoring data. STORMWATER DISCHARGE MONITORING REQUIREMENTS Measurement Sample Sample CHARACTERISTICS Frequency ° Type 5 Location 5 Color Annual Visual SDO Odor Annual Olfactory SDO Clarity Annual Visual SDO Floating Solids Annual Visual SDO Suspended Solids Annual Visual SDO Foam Annual Visual SDO Oil Sheen Annual Visual SDO Other obvious indicators of Annual Visual SDO stormwater pollution (b.) For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part I, Condition B.(2.), Stormwater Definitions). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. PART I, Page 8 of 18 Permit No. NC0004308 Footnotes, A.(8.) : 1. Monitoring Frequency (Analytical): Once per year with samples taken during the sampling window of April through November. 2, Sample locations (Analytical): SDO Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status is granted. If a facility has multiple discharge locations with substantially identical -stormwater discharges that are required to be sampled, the Permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the Permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 3. For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20-minute intervals during the rainfall event. 4. Monitoring Frequency (Visual and Other): The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. 5. Sample Type and Location (Visual and Other): Visual monitoring requires a qualitative visual observation of each Stormwater Discharge Outfall (SDO). No analytical testing or sampling is required. PART I, Page 9-of 18 Permit No. NC-0004308 SECTION B - STORMWATER MANAGEMENT REQUIREMENTS B.(1.) STORMWATER POLLUTION PREVENTION PLAN The Permittee shall update -on an annual basis a Stormwater Pollution -Prevention Plan, hereinafter referred to as the Plan. This Plan shall be considered public information in accordance with Part Il, Standard Conditions, of this permit. The Plan shall include, at a minimum, the following items: (a.) Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (i.) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfalI(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (ii.) A narrative description of storage practices, Ioading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (iii.) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (iv.) A list of significant spills or Ieaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (v.) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part 11, Standard Conditions, of this permit. (b.) Stormwater Management PIan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (i.) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the Permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (ii.) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (iii.) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative. filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural PART 1, Page 10 of 18 Permit No. NC0004308 BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (iv.) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. (c.) Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. The facility personnel (or team) responsible for implementing the plan shall be identified in the plan. At least one of these designated personnel shall be on -site or available at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. (d.) Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shell document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. (e.) Employee Training_ Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminatestormwater runoff. The facility personnel (or team) responsible for implementing the training shall be identified in the Plan. (f.) Designated Personnel. The Stormwater Pollution Prevention Plan shall identify one or more specific positions responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. (g.) Plan Amendment. The Permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director inay notify the Permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the Permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The Permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, of this permit) to the Director that the changes have been made. (h.) Facili . Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part 1, Condition A.(9.), Stormwater Requirements (Outfalls 017, 018, 020), shall be performed in addition to facility inspections. (i.) Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated.with the industrial activities,, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. B.(2.) STORMWATER DEFINITIONS (a.) Best Management Practices (BMPs) PART I, Page 11 of 18 Permit No: NCOOG4308 Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (b.) Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. (c.) Coal Pile Runoff The rainfall runoff from or through any coal storage pile. (d.) Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. (e.) Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. (f.) Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at Ieast 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. (g.) Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. (h.) Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. (i.) Section 313 Water Priority Chemical A chemical or chemical category which: (i.) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; (ii.) Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and (iii.) That meet at least one of the following criteria: (iv.) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (v.) Is listed as a,hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (vi.) Is a pollutant for which EPA has published acute or chronic water quality criteria. Significant Materials PART I, Page 12 of 18 Permit No. NC0004308 Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. (k.) Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). (I.) Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. (m.) Stormwater Associated with Industrial Activi The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": (i.) Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400.- 471 (except facilities which are exempted under (k) of this definition); (ii.) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; (iii.) Facilities classified as Standard Industrial Classifications 10 through 14 (mineraI industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not bring actively mined, but which have an identifiable owner/operator; (iv.) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; (v.) Landfills, land application sites,, and open dumps that receive or have received•any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; (vi.) Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; (vii.) Steam electric power generating, facilities, including coal handling sites; (viii.) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle'maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation', mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; (ix.) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located PART -I, Page 13 of 18 Permit No.'NC0004308 within the confines of the facility, with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; (x.) Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; (xi.) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-O) of this definition). For the categories of industries identified in (a) through 0) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail Iines used or traveled by carriers of raw materials, manufactured products„waste material, or by- products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials,land intermediate and finished products; and areas where industrial activity has taken place'in the past and significant materials remaini and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. ' Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking Iots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above -described areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). (n.) Ten Year Design Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. (o.) Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfaIl, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. (p.) Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, Iubrication, vehicle cleaning operations, or airport deicing operations. (q.) Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or -ice from its site of origin which can be seen with the unaided eye. (r.) Waste Pile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. PART I, Page 14 of 18 Permit No. NCO004308 SECTION C - SPECIAL CONDITIONS r. C#.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 16'%o at Outfall 012 or 90"/4 at any other outfail. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaplu-tia 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. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed once during each calendar quarter (January -March, April -June, July -September and October -December). If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -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 TGP313 for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 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 Iaboratory 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 quarter 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. PART I, Page 15 of 18 Permit No: NCO004308 C.(2.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly) The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration" (Revised-July,1992 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Puriephales promelas) 24-hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed once during each calendar quarter (January -March, April -June, July -September and October -December). y All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code' TGE6C. Additionally, DWQ Form AT-2 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during the period 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 any single monitoring event indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to the frequencies specified above. Should the permittee fail to monitor during a period in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to the frequencies specified above. Should any test data from either these monitoring requirements 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival 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. C.(3.) ACUTE TOXICITY MONITORING (Quarterly) The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as'a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed on a discharge event during each calendar quarter (January -March, April -June, July -September and October -December). PART I, Page 16 of 18 Permit No. NC0004308 The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from hhe facility during a quarter 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 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival 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. C.(4.) ACUTE TOXICITY MONITORING (Annual) The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Piniephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment: The permittee will conduct one test annually, with the annual period beginning in January 'of the calendar year of the effective date of the permit. The annual toxicity test must be performed by June 30. Should there be no discharge of flow from the facility during the six month period January 1-June 30, 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 in the comments section indicate "No FIow for January 1-June 30, {calendar year)." The report must be signed and submitted to the Environmental Sciences Section at the address noted below. If no discharge event occurs from January 1-June 30, yet a discharge event occurs from July 1-December 31, then the facility must perform toxicity monitoring and report the data as noted below. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: , , Attention: Environmental Sciences Branch PART 4, Page 17 of 18 Permit No: N00004308 North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival 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. C.(S.) BIOCIDES (a.) The Permittee shall not use any biocides except those specifically approved by the Director and only according to the terms and conditions of such approval. The addition of chromium, copper, or zinc is specifically prohibited except as components of biocidal compounds approved for use at this facility. (b.) Approved biocides shall consist of those approved in conjunction with the current permit application and others subsequently approved by the Director. The Division may withdraw its approval for any biocides when it considers such action necessary to protect water quality in the receiving stream. The Permittee shall notify the Director in writing not later than ninety (90) days prior to the planned use of any additional biocide that may be toxic to aquatic life. Such notification shall include submittal of a completed Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. PART I, Page 18 of 18 SMITH, ANDEHSON, BLOUNT, DOASETT, MITCHELL & eJETZNIGAN, L. L. P. OFFICES 2500 Wachovia Capitol Center Raleigh, North Carolina 27601 DAVID W. BERRY DIRECT DIAL: (919) 821-6732 E-Mail: dher a)smithlaw.com VIA HAND DELIVERY Ms. Nancy Reed Dunn Assistant Attorney General N.C. Department of Justice Old Education Building' 114 West Edenton Street Raleigh, North Carolina 27602 LAWYERS February 22, 2008 Re: Alcoa Inc. v. N.C. Department of Environment and Natural Resources, Division of Water Quality, 06 EHR 1883, Stanly County, N. C. Dear Nancy: MAILING ADDRESS P.O: Box 2611 Raleigh, North Carolina 27602-2611 TELEPHONE: (919) 821-1220 FACSIMILE: (919) 821-6800 Enclosed please find Alcoa's signed duplicate originals of the Settlement Agreement in the above - referenced contested case. Please provide its with a fully executed original signed by you and the Division of Water Quality at your earliest convenience. Also, please send me a copy of the Division's issuance of the modified NPDES permit so that I can proceed with filing the Notice of Withdrawal in the Office of Administrative Hearings early next week as required under the Settlement Agreement. Please do not hesitate to call me if you have any questions. Thank you for your cooperation and assistance in this matter. Sincerely, SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. By: David W. Berry Enclosures DWB: sel NORTH CAROLINA ATTORNEY GENERAL'S OFFICE cc: Richard D. Dworek, Esq. (with enclosure via e-mail only) FEB 2 2 2008 EWIRONMENTAL DIVISION RECEIVED #1031378vl STATE OF NORTH. CAROLINA COUNTY OF STANLY fN THE OFFICE OF ADMINISTRATIVE HEARINGS 06 EHR 1883 ALCOA INC., ) Petitioner, ) ) V. ) SETTLEMENT AGREEMENT NORTH CAROLINA DEPARTMENT OF ) ENVIRONMENT AND NATURAL } RESOURCES, ) DIVISION OF WATER QUALITY, ) Respondent.. ) Alcoa Inc., ("Petitioner" or "Alcoa") and the Division of Water Quality ("DWQ") of Respondent North Carolina Department of Environment and Natural Resources hereby enter into this Settlement Agreement ("Agreement") in order to settle and resolve with finality and without adjudication a matter in controversy between them that is the subject of this contested case pursuant to N.C. Gen. Stat. §1SOB-3I(b). This matter arose out of DWQ's issuance of National Pollutant Discharge Elimination System ("NPDES") Permit NCO004308 to Alcoa, which is the Document Constituting Agency Action in this contested case. Without any hearing of fact or law in the above -styled matter, IT IS THEREFORE AGREED BY THE PARTIES THAT: 1. In order to resolve and settle this contested case and avoid the cost and delay of further litigation, and without admitting liability, the parties have entered into this Agreement and have agreed that all parties have been correctly designated and that there is no question as to misjoinder or nonjoinder. 2. Respondent agrees to re -issue NPDES Permit NC 0004308 with the modifications shown in the "Modified NPDES Permit for Settlement Purposes," which is attached hereto as Page 1 Settlement Agreement (Execution Version) Exhibit A and incorporated herein by reference (the "Modified NPDES Permit"). The Respondent shall re -issue the Modified NPDES Permit on February 22, 2008, with an effective date of March 1, 2008, and an expiration date of February 28, 2013. Respondent's re -issuance of the Modified NPDES Permit with the terms found in Exhibit A shall constitute a full and complete settlement of this contested case. Petitioner shall execute a separate Withdrawal of Petition, and that Withdrawal of Petition shall be filed no later than three (3) business days after Respondent re -issues the Modified NPDES Permit. 3. Petitioner hereby expressly acknowledges that a violation of any of the conditions in the Modified NPDES Permit on or after the March 1, 2008 effective date constitutes a violation of the Modified NPDES Permit, and that Petitioner shall accordingly be subject to enforcement action including, but not limited to, civil penalties, for such a violation. 4. Modification of the terms of this Agreement shall not be effective or binding upon the parties unless and until such amendment is committed to in writing, executed by the parties hereto. 5. The parties agree that the consideration for this settlement is the promises - contained herein and that this Agreement contains the whole agreement between them. 6. This. Agreement shall be binding upon the parties, their successors and assigns,, upon execution by the undersigned, who represent and warrant that they are authorized to enter into this Agreement on behalf of the parties hereto. 7. The parties agree to bear their own attorneys' fees, costs, and other expenses that have been incurred in connection with any stage of this contested case. Page 2 Settlement Agreement (Execution Version) 8. This Agreement may be executed and delivered in any number of counterparts, each of which as so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] Page 3 Settlement Agreement (Execution Version) t . FOR THE DIVISION.OF.WATER, QUAL TY: _ 172 41yo-l"i Susan A. Wilson, NPDES Western Program Date: 210 g APPROVED AS TO FORM BY: ROY COOPER, Attorney General N.C. Department of Justice Environmental Division 1699 Mail Service Center Raleigh, NC 27699-1699 Telephone: (919) 716-6600 Facsimile: (919) 716-6766 Date: .,2 ,oZ lt�;5 FOR ALCOA INC: ]L- kMark!Gross Faci 'ty Manager - Badin Works Date: C2—o;2 1- D r Attorneys for Alcoa Inc. W. David W. Berry Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. N.C. Bar No. 18912 P.O. Box 2611 Raleigh, N.C. 27602 Telephone: (919) 821-6732 Facsimile: (919) 821-6800 Date: Page 4 Settlement Agreement (Execution Version) Permit No. NC0004308 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY Exhibit A MODIFIED NPDES PERMIT PERMIT For Settlement Purposes TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Alcoa Inc. is hereby authorized to discharge wastewater from a facility located at the Alcoa - Badin Works NC Hwy. 740 & NCSR 1719 Stanly County to receiving waters designated as Little Mountain Creek and Badin Lake (Yadkin River) in the Yadkin - Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, 111, and IV of this permit. This permit shall become effective ........................................... .March 1, 2008 This permit and the authorization to discharge shall expire at midnight on ........................... February 28, 2013 Signed this day ..................... February 22, 2008 DRAFT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NCO004308 SUPPLEMENT TO PERMIT COVER SHEET The authority to operate and discharge from this facility arises exclusively under the terms and conditions of this NPDES Pennit. Therefore; -upon the effective date of this'permit, any and all previous NPDES-Pernrits'issued for this facility and bearing this permit number are revoked. Alcoa Inc. is hereby authorized to: 1. Discharge the following: • non -contact cooling and make-up waters, condensate, fire protection water, groundwater, and stormwater at Outfall 002; _. • non -contact cooling and make-up waters, condensate, fire protection water, groundwater, and stormwater at OutfaIl 004; • non -contact cooling water, condensate, fire protection water, groundwater, and stormwater at Outfall 005; I • non -contact cooling water, condensate, fire protection water, groundwater, and stormwater at Outfall 012 (and at Outfall 011 when flows exceed the capacity of the diffuser); • groundwater and stormwater at OutfaI1013; • groundwater seepage from the Old Brick Landfill and stormwater at OutfaIl 019; and • stormwater at Outfalls 017, 018, and 020; all outfalls being located at or near the Alcoa - Badin Works in Stanly County; and 2. Discharge such process and ancillary process wastewaters, groundwater, and stormwater from locations specified on the attached map into an unnamed tributary to Little Mountain Creek (Outfalls 004, 005, 017, and 018) and into Badin Lake (Yadkin River) (Outfalls 002, 011, 012, 013, 019, 020) which are classified as Class "C" waters and Class "WS-IV CA & B" waters, respectively, in the Yadkin -Pee Dee River Basin. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges A. Effluent Limitations and Monitoring Requirements B. Stormwater Management C. Special Conditions Part II: Standard Conditions for NPDES Permits Part III: Other Requirements Part IV: Special Conditions for Municipal Facilities Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization, or approval. This permit does not relieve the Permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. ii VICINITY MAP USGS Quad #: F18NE, F18NW Badin & New London, NC N SCALE 1:24,000 (1" = 20001 Alcoa, Inc. - Badin Works NC0004308 Receiving Stream: Badin Lake (Yadkin River) and UT to Little Mountain Creek Stream Classification: WS-1V CA & B; and C River Basin: Yadkin/Pee Dee Sub -Basin #: 03-07-08 I11 Permit No. NC0004308 PART MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A - EFFLUENT LIMITATIONS AND. MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and Iasting until expiration, the Permittee is authorized to discharge wastewater and stormwater associated with the activities described in its current NPDES permit application. Such discharges shall be monitored, controlled, and limited as specified below. A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 002,/S02 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling and make-up waters, condensate, fire protection waters, groundwater, and stormwater at Outfall 002/S02 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 002. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling and make-up waters, condensate, fire protection waters, orgroundwater. r xi , MONITORING REQUIREMENTS-:~' Mrnrathy.ea. s! ure.. m.CeG.nSa�mpfelxe1tl*.; s mm TypoScaamtipolne;_*ri V , _ Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 2 E Shall remain within the range of 6.0 to pH 9.0 standard units at all times 2/Month Grab E Temperature (°C) 2/Month Grab E Total Fluoride Monthly Composite 2 E Total Residual Chlorine Monthly Grab E Acute Toxicity 3 Quarterly Composite 2 E (b.) OutfaIl 502. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of storfnwater. .n1 Z4 1 PARAMETER read EFFL`°UENT LIMITATIONS'm ati'�' ',.'z MONITORING REQUIREMENTSn mti'f ? -r r• ^, ,4W54t•ry 1 - j - ii a "t i Monthly gWeekly-Datly r Measurement5amlile t,+=Sample . -r-� a'i,•,. aaa,..W+,4€ i^ r R• dq"5`,r z. ,..,, 0(u: l �- .� +...�.4 '. naTYpe�mj Locations i;; ry.r a.4Averaget�jiQ`'hAverage,�l',l:Maximum {Frequency'.,s �.. Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E pH Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Footnotes, A.(1.) : 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. Acute Toxicity (Fathead Minnow) 24 hr. P/F pQ 90%; quarterly Oanuary-March, April -June, July -September, and October -December); see Condition C.(2.), Acute Toxicity Permit Limit. 4. Monitoring should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. PART I, Page 1 of 19 Permit No. NCO004308 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OutfaI1004/SO4 During the period beginning on the effective date of this permit and Iasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling and make-up waters, condensate, fire protection waters, groundwater, and stormwater at Outfall 004/SO4 subject to the following effluent limitations and monitoring requirements: (a.) OutfaI1004. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling and make-up waters, condensate, fire protection waters, orgroundwater. f PARAMETER 4 s , �= '€ ��1 ,2,EFFi_UEIVT LIMITATIONS $'�y { ' r, '' ;s MONITORING. REQUIREMENTS � _. � Monthly� i� r Weekly,�l r"t` Daily ,�� s , •s ... 4 � � re � � � :. 4 Measurement �' Sample Type s�` ° ?Samples. n ; �,' {.,c '' A�erage`,� ;,Average xt Maximumt, ? Frequency x _��7 a ,,� ;'Location Flow Weekly Instantaneous E Total Residual Chlorine 2 17 ug/L Weekly Grab E Total Suspended Solids 2/Month Composite 3 E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Temperature (OC) See Footnote 4 2/Month Grab E Total Aluminum Monthly Composite 3 E Total Cyanide Monthly Composite 3 E Total Fluoride Monthly Composite 3 E Temperature (°C) See Footnote 4 Quarterly Grab U,D (b.) OutfalI SO4. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. s f y1 ir'j' 3 f„ �;�Ft�rPA1tAMETER a r F^ EFFLUENT;LIMITATIONS,�'�,�,' jt; � MONITORING REQUIREMENTS_ y Monthly{Y #-Weekly �� ,'Daily Measurements Sarnple �! 5� ' S TAverage �:JAverage iYP,,,Maximumk Fteq'uency ;Location Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E pH Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Cyanide Semi -Annually Grab E Total Fluoride Semi -Annually Grab E (c.) The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT IN THE FORM OF PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. See Condition C.(5.), Biocides. Footnotes, A.(2.) 1. Sample locations: E - Effluent, U - Upstream, D - Downstream. 2. The Total Residual Chlorine limit shall become effective on November 1, 2008. The Division may re -open the final effluent limit based upon the results of a site -specific Method Detection Limit (MDL) study that Alcoa intends to conduct. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The discharge shall not cause the temperature of the receiving water to exceed 2.8°C above background and in no case exceed 32°C. 5. Monitoring should be performed during a representative storm event. See Condition B. (2), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. PART I, Page 2 of 19 1 Permit No. NC0004308 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005/SQ5 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge'non- contact cooling water, condensate, fire protection waters, groundwater, and storinwater at Outfall 005/505 subject to the following effluent Iimitations and monitoring requirements: (a.) Outfall 005. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling water, condensate, fire protection waters, groundwater, or compressor condensate. f •' - 7g 'K i j P {+ 8 R'1 6 " '`S�:- i g ',�i' EFFLUNT LIMITATIONSfiy s Csy7 Monthly h;t<,� Weeklyr ,��,'��'�, Dail ��` Average„Averagen„. Maximumsx 4 't.l Mir ,�s MONITORING9REQUIREMENTS� Measurement I,l,x Sam le � iyr'' �5am le t; Frequency f 4i Type ;� Loi:at on' Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 2 E Temperature (°C) See Footnote 4 2/Month Grab E Shall remain within the range of 6.0 to pH 9.0 standard units at all times 2/Month Grab E Total Aluminum Monthly Composite 2 E Total Fluoride Monthly Composite 2 E Total Cyanide Monthly Grab E Total Residual Chlorine Monthly Grab E Chronic Toxicity 3 Quarterly Composite 2 E (b.) Outfall S05. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stonnwater. k PARAM FA.t ? eti y 7 i L�il•ac ' ,, y,-�1'six„ .-{.. EFFLUENT LIMITATIONS `' M j r ^MONITORING REQUIREMENTSa' Mvoirtahgl a. r„ A-Wv-veev k.»l�Y �1 t� t''sxNM eera e zuMaximums —e...a.,rsamurem.ve,x n: t fV k`Sama. le _Y4: tFre4uenc Types .,_�... Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E (c.) The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT IN THE FORM OF PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. See Condition C.(5.), Biocides. (d.) The Division may re -open this permit to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge has a reasonable potential to impact receiving water quality. Footnotes, A. (3.) 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. Chronic Toxicity (Ceriodaphnia) P/F at 90%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(1.) , Chronic Toxicity Permit Limit. 4. The discharge shall not cause the temperature of the receiving water to exceed 2.8°C above background and in no case exceed 32°C. U,D monitoring for Outfall 004 shall be used to determine temperature changes at 004/005. 5. Monitoring should be performed during a representative storm event. See Condition B. (2), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. ` PART I, Page 3 of 19 1 . • Permit No. NC0004308 A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 011 (a.) During the period beginning on the effective date of this permit and Iasting until the expiration date of this permit; the Permittee is authorized't& discharge -storm flows exceeding the Outfa[1012 diffuser capacity at Outfall 011 subject to the fallowing effluent limitations and monitoring requirements: PARAMETER "EFFLUEIVTLIMITATIONS °a n ut i'I MONITORING REQUIREMENTS{ k' Monthly�t;:� Weeklyl ti' Daily Measurements' "Sample t ,;•' Sample _ •,.ra,` ;, Ave�agen: Average ,Maximum aType : location ,' fF;?° .: ..Frequericy'u Flow Quarterly Instantaneous E Total Fluoride Quarterly Grab E Total Cyanide 3,4 46.6 ug/L Quarterly Grab E Oil & Grease Quarterly Grab E Total Suspended Solids Quarterly Grab E Shall remain within the range of 6.0 to pH Quarterly Grab E 9.0 standard units at all times Acute Toxicity See Footnotes 5,6 Annually Grab E (b.) Outfall S11. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater exceeding the Outfall 012 diffuser capacity. ���i W ` rrt„; }riu- `.'Sf >#':; h.�,. r'PARAMETER`S k ,k s' �4. "�'EFFtLUENTLIMITATIONSr Y`t `�=MONITORING'RE4UIREMENTS e ., 5w 'lN •. '-y 5 K ` � Monthlyh" Weekly '� Daily :3y --- V "Measurement' ' Sample;Type Sample • , T ,� f i � Average average �� 1, aximum iFrequericy3�r Location 4 '` .4�.Sh.� .:T...e'I iM.,.W %i e .�M. �. �� s..�h% -K:eT 'r f Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Oil & Grease Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Cyanide Semi -Annually Grab E Total Fluoride Semi -Annually Grab E pH Semi -Annually Grab E Footnotes, A.(4.) : 1. Sample locations. E - Effluent. 2. For the purposes of this permit, a minimum of one sample in a calendar week shall be sufficient to determine a parameters "Weekly Average" value. 3. The Total Cyanide limit shall become effective on November 1, 2009. 4. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. However, for the purpose of compliance with this permit, the quantitation limit for Total Cyanide shall be defined as 10 ug/L, and the Division shall treat each reported value less than 10 ug/L as zero. 5. Monitoring for the annual toxicity test should coincide with that for one of the four quarterly cyanide tests. 6. Acute Toxicity (Fathead Minnow) morutoring, definitive; annual; see Condition C.(4.), Acute Toxicity Monitoring. If any annual toxicity test demonstrates toxicity ( LC-50 reported less than 100 %), testing shall increase to quarterly. if five (5) consecutive quarterly tests demonstrate no toxicity (LC-50 > 10004), testing shall revert to annually. Effluent may be filtered through a 24 mm mesh prior to testing. 7. Monitoring for these parameters should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. PART I, Page 4 of 19 Permit No. NC0004308 i , A.(5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 012/S12 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling water, condensate, fire protection waters, groundwater, and stonnwater at Outfall 012/S12 subject to the following effluent Iimitations and monitoring requirements: (a.) Outfall 012. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling water, condensate, fire protection waters, or groundwater. +H - Ar "x' � PARAMETER , . H "��f� J"EFFLU_ ENT LEMITATIOI�IS " , N MONITORING REQUIREMENTSKx �. �. �;- r z Monthly ,A Weekly.X � ,Daily yti Measurement Saple;v Sample t.". Agerag' Avera e'"Maximum .. Fre uenc i "' Tµma t '' Location' 1 4 Flow Weekly Instantaneous E .Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite Z E Oil & Grease 30.0 mg/L 60.0. mg/L 2/Month Grab E Total Cyanide 3 434.0 ug/L 2/Month Grab E Shall remain within the range of 6.0 to pH 9.0 standard units at all times 2/Month Grab E Total Aluminum Monthly Composite 2 E Total Fluoride Monthly Composite z E Total Residual Chlorine Monthly Grab E Chronic Toxicity 4 Quarterly Composite Z E (b.) OutfaIl 512. The following effluent Iimitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stonnwater. � ^:_ at q PARAMETER, `mow EFFI IJENT LIMITATE01f5 3� `1f MONITORfNG REQUIREMENTS?h,, A � Monthlya �d Weekl`y je i Daily Me-asurerroent_Sample : ?;5ampleTypepi� eP"�'''Averae� axununiFre q ueric5` Lo anon`' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Oil & Grease Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E Footnotes, A.(5.) : 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results -for each effluent sample tested. However, for the purpose of compliance with this permit, the quantitation limit for Total Cyanide shall be defined as 10 ug/L, and the Division shall treat each reported value less than 10 ug/L as zero. 4. Chronic Toxicity (Ceriodaphnia) P/F at 16%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(1.), Chronic Toxicity Permit Limit. 5. Monitoring for these parameters should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. PART I, Page 5 of 19 Permit No. NCO004308 A.(6.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 013 (a.) During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge groundwater iznd'stormwater at Outfall 013 subject to the following effluent limitations and monitoring requirements: 0� " j PARAMETERS s r LIMITATIONS,z r `� , `f MONITORING REQUIREMENT zi MantFrly Weeklyis;ssr§ YDailyi�' Measurement ,* Sample T,� Sample ype `Location x°, ?= L, ;s, Average S,Averagek,Maxinium # aFrequency�r:sr:4 _�� r Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 3 E Total Fluoride, J-8 mg/L 2/Month Composite 3 E Total Cyanide 2/Month Grab E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Total Aluminum Monthly Composite 3 E Acute Toxicity See Footnote 5 Quarterly Composite 3 E (b.) The Division may re -open this permit to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge has a reasonable potential to impact receiving water quality or that this discharge consists of uncontaminated stormwater. Footnotes, A.(6.) : 1. Sample locations: E - Effluent. 2. For the purposes of this permit, a minimum of one sample in a calendar week shall be sufficient to determine a parameter's "Weekly Average" value. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The Total FIuoride limits shall become effective on November 1, 2009, 5. Acute Toxicity (Fathead Minnow) 24 hr. P/F Q 90%; quarterly Oanuary-March, April -June, July -September, and October -December); see Condition C.(2.), Acute Toxicity Permit Limit. PART I, Page 6 of 19 Permit No. NC0004?)08, A.(7.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11019/S19 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is -authorized to discharge groundwater seepage from the Old Brick Landfill and stonnwater at Outfall 019/S19 subject to the following effluent limitations and monitoring requirements: (a.) OutfaIl 019. The following effluent Iimitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount ofgroundwater seepage from the Old Brick Landfill. r,EFFLUENT t PARAMETER �S ':.: LIMITATIONS r ,;p £ MONITORING REQUIREMENTS ' `Monthly,'' Weekly`, Daily f,, Measurements ` k'; Sample xt $ample.,Type `rw _ . ,c"w;�r�y ; Average; ti?Average °,Maximum`:, Freque`ricy�� 1. Location'j, Flow Quarterly Instantaneous E Total Suspended Solids Quarterly Grab E Total Aluminum Quarterly Grab E Total Fluoride Quarterly Grab E Total Cyanide Quarterly Grab E Shall remain within the range of 6.0 to pH Quarterly Grab E 9.0 standard units at all times Acute Toxicity I Quarterly Grab E (b.) OutfaIl S19. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. The Division may re -open this permit to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge has a reasonable potential to impact receiving water quality. - i.._v� 9 �i ! - l �, rk :.•. .... f _5—_ EFFLUENT LIMITATIONS;MONITORING Lk�..✓.T _: .,. .. o-..... ... •.. .R i REQUIREMENTS PAI2AMTER s Monthly t ;. Weekly'�n' Dalyk T Measurementky� ��: k"��:� Sample s tifyro_t uiAverage�s ;Mazimumr,, Sample?yp F�e.�!ericy raAverage ;,' F.�Location,' , Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E Footnotes, A.(7.) : 1. Sample locations: E - Effluent. 2. Acute Toxicity (Fathead Minnow) monitoring, definitive; quarterly Qanuary-March, April -June, July -September, . and October -December); see Condition C.(3.), Acute Toxicity Monitoring. 3. Monitoring for these parameters should be performed during a representative storm event. See Condition B. (2•), Stormwater Definitions. PART I, Page 7 of 19 Permit No. NC0004308 A.(8.) STORMWATER MONITORING REQUIREMENTS - Outfalls 017, 018, & 020 (a.) During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge 'stormwater at Outfalls 017, 018, and 020 subject to the following effluent limitations and monitoring requirements: (i.) Analytical Monitoring: tp ,:34 �'s� �n> ; � kvts' y� y{ 'a r` r ST012MWATER DISCH,4RGE� � s ,., , UN1T5 3 r i r � €•�:�' r qkr� ' CUT OFF, {� MONITORING REQUIREMENTS .� �1: t, Sample' 1Sarnple`, . CHARACTERISTICS% `f 5� :,CONCENTRATION xMeasurement� ;' Frequency=t Type', t, Location s , Total Flow MG N/A Annual Footnote 3 SDO Total Rainfall inches N/A Annual Footnote 3 N/A Event Duration minutes N/A Annual Footnote 3 N/A Total Suspended Solids mg/L N/A Annual Grab SDO COD mg/L N/A Annual Grab SDO Total Aluminum mg/L N/A Annual Grab SDO Total Cyanide mg/L N/A Annual Grab SDO Total Fluoride mg/L N/A Annual Grab SDO (ii.) Visual and Other Monitoring: Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfaIl status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. All visual monitoring shall be documented and records maintained with the SPPP. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event, but must be performed at all discharge outfall locations. Documentation of the initial visual monitoring event during the term of the permit shall be submitted along with the required analytical monitoring data. HARGE cMcOurN.I.TEMS ExNu'T.' S� RIAd'i:RE-!rQ r6 Mz u M sUI.YR -Sampler ;,;Samples. K z. �:..•`.;. r ; CHAR,4C ERISTICS; Frequencya° , , §aType�S a,,Locatian 4: ; Color Annual Visual SDO Odor Annual Olfactory SDO Clarity Annual Visual SDO Floating Solids Annual Visual SDO Suspended Solids Annual Visual SDO Foam Annual Visual SDO Oil Sheen Annual Visual SDO Other obvious indicators of Annual Visual SDO stormwater pollution (b.) For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part 1, Condition B.(2.), Stormwater Definitions). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. PART I, Page 8 of 19 Permit No. NCO004308 Footnotes, A.(8.) 1. Monitoring Frequency (Analytical): Once per year with samples taken during the sampling window of April through November. 2. Sample locations (Analytical): SDO - Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status is granted. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the Permittee may petition the Director for representative outfall status. if it is established that the stormwater discharges are substantially identical and the Permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 3. For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20-minute intervals during the rainfall event. 4. Monitoring Frequency (Visual and Other): The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. 5. Sample Type and Location (Visual and Other): Visual monitoring requires a qualitative visual observation of each Stormwater Discharge Outfall (SDO). No analytical testing or sampling is required. j PART I, Page 9of19 rOR SETTLEMENT PURPOSES ONLY Permit No. NC0004308 (a,"}yIi-_1"1�- -L C.IIC-L LS4�RLiLC VfL3 iI�pCil�T�CSTCaITic .th tion ��-�1�y"iCl-ateo s peirnit, the Yer-mittee is authorized to tkeAlcea _NT�.�ni RAITAT10 i.S MON I;-GRING-REQUIREMENTS PA[-AME-ER y Weekly Daily Average AA eF z AAax+i,,Wttm AAeasurem6n � p Sarriple Erequear4 L-ecallan 7 Flew *t E 0F 4'7aCiLC Weekly Gfab E Tetal Aluff►ir urn Weekly Gfiib E TetN F'uefide 23.9 Fflg Week' Grab E Total CyaRide-3 46 Weekly fi--ab E Weekly Gfab E o n ..tanda,.�l u ..ot.- at all tmFnes �-:v-arena ' Aeate exle+ -4I Qea� Gfab E if fix tkt�rit fc�stlils-i'r�.� t ttiedischarge has h tti")-it t-i consists 1ee...fl ter �er }c,i—c�iii ii,,,,A-1 orabl, Mooresville y, �,t�f�ttcti-Office, Su-!face�A7a ter- Quality T�.... �� 14-ogf a � �'�of the ricchar-ge �the btts'I�cit-is, _ im o olkrc o ciicZd--harge The Per-mittee shall report its the appropniall-e- Diisehavge Monitoring Report (I)MR) ( ' ii ; being taken to eliminate flie disEhar-ge and prevent future disi I 4.9aniple locations: 1; Effluent. 2L.l'c-r-t-he des of this . ,;t a Calendar week shall be5ttfficieFlt, cielerrttiile a t ge-"nILW. saniple tested. Wov-,evev, fei- the PHFpE)5e of coinpliance with this peniiit� the Ejuantitatien limit f0v'Fefal ('lranicle 4-.Aeu4eToxicity (Fathead aa; n ut., defi ;l: refi, OdnUdFY M di n. ;1 june, I..r. c,.,t, -Hb a++d-Or-tebeir-lDecefnber�CoFo-(;z �Av.+ae l O* 14h, MooiIG44-ems- 12 FOR SETTLEMENT PURPOSES ONLY Permit No. N00004P08 A. 8. STORMWATER MONITORING REQUIREMENTS - OutfaIls 017, 018, & 020 (a.) During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge stormwa ter at Outfalls 017, 018, and 020 subject to the following effluent limitations and monitoring requirements. (i.) Analytical Monitoring: STORMWATER DISCHARGE UNITS CUT-OFF MONITORING REQUIREMENTS Measurement Sample Sample CHARACTERISTICS CONCENTRATION Frequency' Type Location 2 Total Flow MG N/A Annual Footnote 3 SDO Total Rainfall inches N/A Annual Footnote 3 N/A Event Duration minutes N/A Annual Footnote 3 N/A Total Suspended Solids mg/L N/A Annual Grab SDO COD mg/L N/A Annual Grab SDO Total Aluminum mg/L N/A Annual Grab SDO Total Cyanide mg/L N/A Annual Grab SDO Total Fluoride mg/L N/A Annual Grab SDO (ii.) VisuaI and Other Monitoring: Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. All visual monitoring shall be documented and records maintained with the SPPP. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event, but must be performed at all discharge outfall locations. Documentation of the initial visual monitoring event during the term of the permit shall be submitted along with the required analytical monitoring data. STORMWATER DISCHARGE MONITORING REQUIREMENTS Measurement Sample Sample CHARACTERISTICS Frequency 4 Type 5 Location 5 Color Annual Visual SDO Odor Annual Olfactory SDO Clarity Annual Visual SDO Floating Solids Annual Visual SDO Suspended Solids Annual Visual SDO Foam Annual Visual SDO Oil Sheen Annual Visual SDO Other obvious indicators of Annual Visual SDO stormwater pollution (b.) For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part I, Condition 13.(2.), Stormwater Definitions). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. 13 150k SETTLEMENT PURPOSES ONLY Permit No. NC0004308 Footnotes, A. 8. A49:-)-: 1. Monitoring Frequency (Analytical): Once per year with samples taken during the sampling window of April through November. 2. Sample locations (Analytical): SDO - Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status is granted. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the Permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the Permittee is granted representative outfall status, then sampling requirements maybe performed at a reduced number of outfalls. 3. For each sampled representative storm event the total precipitation; storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20-minute intervals during the rainfall event. 4. Monitoring Frequency (Visual and Other): The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. 5. Sample Type and Location (Visual and Other): Visual monitoring requires a qualitative visual observation of each Stormwater Discharge Outfall (SDO). No analytical testing or sampling is required. 14 C" 1 b4e-s Sfi ! t at S� ��. bt S I uL� -` l C- 16 ryas . 1� ?�03 s� cos ! 1 �.t �2 ►�, C�..pti,d�is r 3 b T � �J �� o o+ 36 ret�us� o�3 F JuV, Zoo+ Permit No. NCO004308 SECTION B - STORMtiVATER MANAGEMENT REQUIREMENTS B.(1.) STORMWATER POLLUTION PREVENTION PLAN The Permit -tee shall update on an annual basis a Stormwater Pollution Prevention PIan, hereinafter referred to as the Plan. This Plan shall be considered public information in accordance with Part II, Standard Conditions, of this permit. The Plan shall include, at a minimum, the following items: (a.) Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (i.) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (ii.) A narrative description of storage practices, Ioading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (iii.) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (iv.) A list of significant spills or Ieaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (v.) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part II, Standard Conditions, of this permit. (b.) Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (i.) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and. processes to stormwater. Wherever practicable the Permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (ii.) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent Ieaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (iii.) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural PART I, Page 10 of 19 Permit No. NC0004308 BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (iv.) Inspection schedules of stormwater conveyances and controls and measures to be taken to Iimit or prevent erosion associated with the stormwater systems. (c.) Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. The facility personnel (or team) responsible for implementing the plan shall be identified in the plan. At least one of these designated personnel shall be on -site or available at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. (d.) Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. (e.) Employee Training_ Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel (or team) responsible for implementing the training shall be identified in the Plan. (f.) Designated Personnel. The Stormwater Pollution Prevention Plan shall identify one or more specific positions responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assigrunents provided. (g.) Plan Amendment. The Permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the Permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the Permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The Permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, of this permit) to the Director that the changes have been made. (h.) Facili . Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (ApriI- June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records ofthese inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part I, Condition A.(9.), Stormwater Requirements (Outfalls 017, 018, 020), shall be performed in addition to facility inspections. (i.) Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities" Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. B.(2.) STORMWATER DEFINITIONS (a.) Best Management Practices (BMPs) PART I, Page 11 of 19 Permit No. NCO004308 Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge_or waste disposal, or drainage from raw material storage. (b.) Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. (c.) Coal Pile Runoff The rainfall runoff from or through any coal storage pile. (d.) Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. (e.) Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. (f.) Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 01 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. (g.) Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. (h.) Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. (i.) Section 313 Water Priori Chemical A chemical or chemical category which: (i.) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; (ii.) Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and (iii.) That meet at least one of the following criteria: (iv.) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (v.) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (vi.) Is a pollutant for which EPA has published acute or chronic water quality criteria. Significant Materials PART I, Page 12 of 19 Permit No. NC0004308 Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to -section 313 of Title -III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. (k.) Significant Spills , Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). (1.) Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. (m.) Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": (i.) Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); (ii.) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; (iii.) Facilities classified as Standard Industrial Classifications 10 through 14 (mineraI industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; (iv.) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; (v.) Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; (vi.) Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; (vii.) Steam electric power generating facilities, including coal handling sites; (viii.) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; (ix.) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located PART I, Page 13 of 19 • , Permit No. NC0004308 within the confines of the facility, with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or Iands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are'in compliance with section 405 of the CWA; (x.) Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; (xi.) Facilities under Standard Industrial CIassifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-O) of this definition). For the categories of industries identified in (a) through 0) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by- products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas Iisted in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, Ioading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above -described areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). (n.) Ten Year Design Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. (o.) Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. (p.) Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. (q.) Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. (r.) Waste Pile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. PART I; Page 14 of 19 Permit No. NC0004308 - SECTION C - SPECIAL CONDITIONS C.(1.) CHRONIC TOXICITY PASS/FAiL PERMIT LIMIT (Quarterly) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphuia dubia at an effluent concentration of 16% at Outfall 012 or 90% at any other outfall. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaph nia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed once during each calendar quarter (January -March, April -June, July -September and October -December). 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 per€ormed at a minimum, in each of the two following months as described in "North Carolina Phase II 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 lI 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: Environmental Sciences Branch North Carolina Division of Water Quality 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 quarter 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. PART 1, Page 15 of 19 Permit No. NCO004308 C.(2.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly) The permittee. shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology -For Determining Acute Toxicity In A Single Effluent Concentration" (Revised-July,1992 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed once during each calendar quarter (January -March, April -June, July -September and October -December). All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWQ Form AT-2 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during the period 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 any single monitoring event indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to the frequencies specified above. Should the permittee fail to monitor during a period in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to the frequencies specified above. Should any test data from either these monitoring requirements 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival 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. C.(3.) ACUTE TOXICITY MONITORING (Quarterly) The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in E.P.A. Document EPA/ 600/4-90/ 027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed on a discharge event during each calendar quarter (January -March, April -June, July -September and October -December). PART I, Page 16 of 19 Permit No. NC0004308 , The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 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 and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a quarter 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 FIow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival 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. C.(4.) ACUTE TOXICITY MONITORING (Annual) The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pirnephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual toxicity test must be performed by June 30. Should there be no discharge of flow from the facility during the six month period January 1-June 30, 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 in the comments section indicate "No Flow for January 1-June 30, {calendar year)." The report must be signed and submitted to the Environmental Sciences Section at the address noted below. If no discharge event occurs from January 1-June 30, yet a discharge event occurs from July 1-December 31, then the facility must perform toxicity monitoring and report the data as noted below. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1(original) is to be sent to the following address: Attention: Environmental Sciences Branch PART I, Page 17 of 19 Permit No. NC0004308 North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements 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. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival 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. C.(5.) BIOCIDES (a.) The Permittee shall not use any biocides except those specifically approved by the Director and only according to the terms and conditions of such approval. The addition of chromium, copper, or zinc is specifically prohibited except as components of biocidal compounds approved for use at this facility. (b.) Approved biocides shall consist of those approved in conjunction with the current permit application and others subsequently approved by the Director. The Division may withdraw its approval for any biocides when it considers such action necessary to protect water quality in the receiving stream. The Permittee shall notify the Director in writing not later than ninety (90) days prior to the planned use of any additional biocide that may be toxic to aquatic life. Such notification shall include submittal of a completed Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. PART I, Page 18 of 19 Re: alcoa -badin works - obl Subject: Re: alcoa - badin works - obl From: Rob McDaniel <robert.mcdaniel@ncmail.net> Date: Tue, 11 Dec 2007 15:24:35 -0500 To: Mike Templeton <Mike.Templeton@ncmail.net> CC: BUD MCCARTY <BUD.MCCARTY@ncmail.net> Mike, Alcoa approached the Hazardous Waste Section in July 2006 regarding a permitting issue with stormwater runoff from the Old Brick Landfill. We participated in a conference call with Alcoa and thE:ir consultant on July 17th concerning issues at the Old Brick Landfill. Since the Old Brick Landfill is a RCRA solid waste management unit, Alcoa wanted to discuss the proposed work at the landfill, determine if we had any concerns with the proposed activities or any impacts on the unit, and to provide a few diagrams of the proposed work. It was our understanding that the approval of the design and the work was to be conducted under the authority of the Division of Water Quality. The Old Brick Landfill is listed as a solid waste management unit in Alcoa's Hazardous Waste Management Permit. Therefore, Alcoa is responsible and must address any hazardous constituents originating from the landfill above the applicable standards or background levels for that constituent. If you have any questions or concerns, please feel free to contact me. Rob McDaniel Mike Templeton wrote: Rob - Alcoa's NPDES permit has requirements for a discharge from the Old Brick Landfill, designated as Outfall 019. The discharge was long treated as a stormwater discharge, and the permit required monitoring but had no discharge limits. In the late '90s, Alcoa discovered a seep coming from the landfill, and their monitoring showed CN and F in significant concentrations (three samples, 2000-2002: approx. 300 ug/L CN, 15 mg/L F). The permit we issued in Sep 2006 (now contested) has limits for CN and F, calculated to protect surface water quality standards. Alcoa proposes to rework the cap on the OBL to prevent stormwater from entering the waste matrix, thereby eliminating the leachate seep. They would also add an infiltration pond to capture stormwater runoff and eliminate the discharge to surface waters altogether. The information I have was submitted in early October, and it is possible that Alcoa has completed these improvements by now. Alcoa suggests that with these improvements there will be no discharge to surface waters from the OBL and requests that DWQ remove Outfall 019 from the NPDES permit. I am not aware of anyone in DENR approving the design of these improvements or otherwise agreeing that this will eliminate the direct or indirect discharge of pollutants from the landfill to surface waters. Alcoa's proposal does not suggest how they will verify that the seep has been eliminated. Before DWQ responds to Alcoa, I need to check with you. Has DWM reviewed the design of these improvements? If so, have you approved them? And are you satisfied that the new cap will sufficiently control the seep? If the seep continues at some level, are you concerned about potential exceedance of GW standards? Have you verified that the pond is sufficiently sized to provide containment up to and including the 25-yr 24-hr storm event? Do you have any issue with this SWMU not having coverage under an NPDES permit? If Alcoa has eliminated the discharge of pollutants at this site, I am willing to I of 2 Re: alcoa - badin works - obl recommend we drop the outfall from our permit. At this point, I am looking for assurances that they have or will eliminate the seep.or that, if'it continues after we drop the outfall, it will be regulated under RCRA. Thanks for your help. - Mike Templeton Michael E. Templeton, P.E. Point Source Branch/ NPDES Permits Surface Water -Protection Section NCDENR- DWQ Raleigh, NC Tel: (919) 733-5083 x541 Fax: (919) 715-0719 2 of 2 _f RE: Alcoa NPDES Appeal - Subject: RE: Alcoa NPDES Appeal - From: "Dworek, Rick" <Richard.Dworek@alcoa.com> Date: Fri, 10 Aug 2007 10:57:15 -0400 To: "Dunn, Nancy" <NRDUNN@ncdoj.gov> CC: "Mike Templeton" <Mike.Templeton@ncmail.net>, "David Berry" <dberry@smithlaw.com>, "McCaskill, William L." <Larry.McCaskill@alcoa.com>, "Gross, Robyn L." <Robyn.Gross@alcoa.com>, "Gibson, Z. Tommy" <Tommy.Gibson@alcoa.com> Nancy, Given that the current discovery and hearing deadlines are approaching, I thought I would send this settlement proposal to you now so you and - Mike could review while we look for a time to discuss things. After A spending a lot of time internally discussing the permit, our appeal and the curtailed state of Badin's operations, we've reached a decision that the best approach in addressing the groundwater I/I issue is to focus our efforts and resources preventing the discharges from occurring, v,a9 (e.g., through our slip -lining project), and if we are successful in those efforts (which we believe we will be), then we can live within the ek framework of the originally -issued. With that in mind, we are attaching hereto a second proposed offer of settlement in the form of proposed modifications to the permit. As you will see, we've taken the groundwater I/I issue off the table, C and have agreed to accept the permit as it was originally issued / o• regarding that issue. We are also requesting NCDENR recognize a stormwater only scenario at outfall 011 (e.g., an S11) since that is'� merely the overflow from 012, and the permit already provides for a�v stormwater-only scenario for 012. Similarly, we are asking the NCDENR to recognize a stormwater only scenario at 019, because we've stopped the groundwater seepage from the Old Brick Landfill, and therefore, this p� outfall discharges only stormwater. Last, we are requesting that"' outfall 021 be deleted from the permit because we no longer discharge,�`t, nor have any further need to discharge, from this outfall. The groundwater seepage from the Alcoa Badin landfill is being collected and S directed to the local publicly -owned treatment works.��� We've maintained some of our prior proposed revisions, like the O&G f monitoring and limits at 005, which we discussed and believe settled in ,A / principle during our meeting this past January, and the daily max limit J for fluoride at outfall 013 which Mike already reran the RPE calculation to show that that limit was not warranted. We believe we've presented a real opportunity for both parties to o� p resolve this matter without the need for a hearing. We hope you agree with us, as we've really taken a hard look at the permit and the state )©� of our operations, to put as good a deal on the table as we can. We a?R' appreciate your and DENR's continued consideration of "this matter, and look forward to your response. 7 Please be in touch as soon as possible. Again, we are running up against the September 17, 2007 discovery deadline. Thank you`1,�,1-�'� Regards, Rick Dworek, Esq. Counsel �,� �p� r�t Alcoa Inc. p 201 Isabella Street I� °)- Pittsburgh, PA 15212-5858 a 1 of 2 RE: Alcoa NPDES Appeal - Office: 412-553-3596 Fax: 412-553-1402 ACTNET-225-3596 Mobile: 412-335-8257 richard.dworek@alcoa.com -----Original Message ----- From: Dunn, Nancy [mailto:NRDUNN@ncdoi.gov] Sent: Monday, July 30, 2007 3:35 PM To: Dworek, Rick Cc: Mike Templeton Subject: RE: Alcoa NPDES Appeal Sure. Let me get in touch with Mike, as it would really save some time to,have him here for the phone conference, and I'll let you know when we can be available as soon as'I do. -----Original Message ----- From: Dworek, Rick[mailto:Richard.Dworek@alcoa.com] Sent: Monday, July 30, 2007 3:12 PM To: Dunn, Nancy Cc: David Berry Subject: Alcoa NPDES Appeal Nancy, Thank you for your letter dated June 29, 2007. Instead of responding formally in writing, we thought all parties would be best served if David and I gave you a call to discuss the issues and some developments at Badin that impact the way in which we view the permit. We think that with some decisions we've made internally, we may be able to settle the appeal and'the permit conditions in relatively short order; at least that is my hope. Could you let us know 2 or 3 time slots this week that you would be available for us to call you. Once we've nailed down a day and time, I'll send out calling instructions. Regards, Rick Dworek, Esq. Counsel Alcoa Inc. 201 Isabella Street Pittsburgh, PA 15212-5858 Office: 412-553-3596 Fax: 412-553-1402 ACTNET-225-3596 Mobile: 412-335-8257 richard.dworek@alcoa.com Content -Description: Badin NPDES Permit Revisions (version 2).doc Badin NPDES Permit Revisions (version 2).doc Content -Type: applicationlmsword Content -Encoding: base64 2 of2 FOR SVI-TLEMENT PURPOSES ONLY Permit No. NC0004308 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Alcoa; Inc. is hereby authorized to discharge wastewater from a facility located at the Alcoa - Badin Works NC Hwy. 740 & NCSR 1719 Stanly County to receiving waters designated as Little Mountain Creek and Badin Lake (Yadkin River) in the Yadkin - Pee Dee River Basin in accordance with effluent Iimitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and IV of this permit. This permit shall become effective................................................................................................. No-vember 1, 2006 This permit and the authorization to discharge shall expire at midnight on ............................. l Signed this day .................. September -25, 2906 Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission FOR SETTLEMENT PURPOSES ONLY Permit No. N00004M8 SUPPLEMENT TO PERMIT COVER SHEET The authorihj to operate and discharge frorn this facility arises exclusively under the terms and conditions of this NPDES Permit. Therefore, upon the effective date of this permit, any and all previous NPDES Permits issued for this facility and bearing this permit number are revoked. Alcoa, Inc. is hereby authorized to: 1. Discharge the following: • non -contact cooling and make-up waters, condensate, fire protection water, groundwater, and stormwater at Outfall 002; • non -contact cooling and make-up waters, condensate, fire protection water, groundwater, and stormwater at Outfall 004; • non -contact cooling water, condensate, fire protection water, groundwater, and stormwater at Outfall 005; • non -contact cooling water, condensate, fire protection water, groundwater, and stormwater at OutfaIl 012 (and at Outfall 011 when flows exceed the capacity of the diffuser); + groundwater and stormwater at Outfall 013; ? • groundwater seepage from the Old Brick Landfill and stormwater at Outfall 019; • groundwatseepage from the Alcoa Badin Landfill at Outfall 021; and • stormwater at Outfalls 017, 018, and 020; all outfalls being located at or near the Alcoa - Badin Works in Stanly County; and 2. Discharge such process and ancillary process wastewaters, groundwater, and stormwater from locations specified on the attached map into an unnamed tributary to Little Mountain Creek (OutfaIls 004, 005, 017, 018, and 021) and into Badin Lake (Yadkin River) (Outfalls 002, 011, 012, 013, 019, 020) which are classified as Class "C" waters and Class "WS-IV CA & B" waters, respectively, in the Yadkin -Pee Dee River Basin. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges A. Effluent Limitations and Monitoring Requirements B. Stormwater Management C. Special Conditions Part 11: Standard Conditions for NPDES Permits Part III• Other Requirements Part IV: Special Conditions for Municipal Facilities Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization, or approval. This permit does not relieve the Permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. MM EOk SETTLEMENT PURPOSES ONLY Permit No. NC0004308 0 ex tb SAP vi� ill FOR SETTLEMENT PURPOSES ONLY Permit No. NG0004308 I6T:1ta01 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A - 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 wastewater and stormwater associated with the activities described in its current NPDES permit application. Such discharges shall be monitored, controlled, and limited as specified below. A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 002/S02 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling and make-up waters, condensate, fire protection waters, groundwater, and stormwater at Outfall 002/S02 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 002. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling and make-up waters, condensate, fire protection waters, orgroundwater. PARAMETER. EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location' Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 2 E pH Shall remain within the range of 6.0 to 2/4onth Grab E 9.0 standard units at all times Temperature (°C) 2/Month Grab E Total Fluoride Monthly Composite 2 E Total Residual Chlorine Monthly Grab E Acute Toxicity 3 Quarterly Composite 2 E (b.) Outfall 502. The following effluent Iimitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency 4 Type Location Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E pH Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Footnotes, A.(1.) : 1. Sample locations: E - Effluent. 2, The Permittee may use time -proportionate compositing or other sampling method -provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 1 Acute Toxicity (Fathead Minnow) 24 hr. P/F ® 90%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(2.), Acute Toxicity Permit Limit. 4. Monitoring should be performed during a representative storm event. See Condition B. (2), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December: FOR SETTLEMENT PURPOSES ONLY Permit No. NCO004308 A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OutfaIl 004/SO4 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling and make-up waters, condensate, fire protection waters, groundwater, and stormwater at OutfaI1004/SO4 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 004. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling and make-up waters, condensate, fire protection waters, or groundwa ter. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Type Sample Average Average Maximum Frequency Location' Flow Weekly Instantaneous E Total Residual Chlorine Z 17 ug/L Weekly Grab E Total Suspended Solids 2/Month Composite 3 E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Temperature (OC), See Footnote 4 2/Month Grab E Total Aluminum Monthly Composite 3 E Total Cyanide Monthly Composite 3 E Total Fluoride Monthly Composite 3 E Temperature (°C) See Footnote 4 Quarterly Grab U,D (b.) Outfall SO4. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stonnwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS - Monthly Weekly Daily Measurement Sample Sample Type Average Average Maximum Frequency s Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E pH Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Cyanide Semi -Annually Grab E Total Fluoride Semi -Annually Grab E '(c.) The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER'ADDED TO THE COOLING WATER EXCEPT IN THE FORM OF PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. See Condition C.(5.), Biocides. �pS� Footnotes, A.(2.) 1. Sample locations: E - Effluent, U - Upstream, D - Downstream. 2. The Total Residual Chlorine limit shall become effective on N,lzay 1, 21/08 eighteeri( I8]_months from the permit effective date. The Department may re -open the final effluent limit based upon the results of a site -specific X,Iethod Detection Limit (NIDL) study that Alcoa intends to conduct. 3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The discharge shall not cause the temperature of the receiving water to exceed 2.8°C above background and in no case exceed 32°C. FOR SETTLEMENT PURPOSES ONLY Permit No, NCI0004308 5. Monitoring should be performed during a representative storm event. See Condition B. (2), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. 3 FOR-SPY.`LEMENT PURPOSES ONLY Permit No. NCO004308 A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005/S05 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling water, condensate, fire protection waters, groundwater, and stormwater at Outfall 005/S05 subject to the following effluent limitations and monitoring requirements; (a.) Outfall 005. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling water, condensate, fire protection waters, groundwater, or compressor condensate. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location' Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 2 E n,� oo sc 39:9 Mg/ L L h Grab E Temperature (°C) See Footnote 4 2/Month Grab E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Total Aluminum Monthly Composite 2 E Total Fluoride Monthly Composite 2 E Total Cyanide Monthly Grab E Total Residual Chlorine Monthly Grab E Chronic Toxicity 3 Quarterly Composite 2 E (b.) Outfall S05. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stormwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency 5 Type Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E (c.) The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT IN THE FORM OF PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. See Condition C.(5.), Biocides. (d.) The Division may re -open this permit to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge has a reasonable potential to impact receiving water quality. Footnotes, A.(3.) : 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. Chronic Toxicity (Ceriodaphnia) P/F at 90%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(1.) , Chronic Toxicity Permit Limit. 4. The discharge shall not cause the temperature of the receiving water to exceed 2.8°C above background and in no case exceed 32°C. U,D monitoring for Outfall 004 shall be used to determine temperature changes at 004/005. 5. Monitoring should be performed during a representative storm event. See Condition B. (2.), Stormwater Definitions. Semi-annual means 2/Year, during January -June and July -December. -4 FOR SETTLEMENT PURPOSES ONLY Permit No. NC0004308 �. I . A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfa11'011 (a.) During the period beginning on the effective date of this permit and Iasting until the expiration date of this permit, the Permittee is authorized to discharge storm flows exceeding the Outfall 012 diffuser capacity at Outfall 011 subject to the following effluent Iimitations-and monitoring requirements: EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly + Weekly Daily Measurement -Sample • . Sample PARAMETER Average Average 2 Maximum Frequency Type Location' Flow Quarterly Instantaneous E Total Fluoride Quarterly Grab E Total Cyanide 3,4 46.6 ug/L Quarterly Grab E Oil & Grease Quarterly Grab E Total Suspended Solids Sha"n'n Quarterly Grab E pH Quarterly Grab E at all o . standard maiFl within unitse r g �. --7-B i Acutey See Footnotes C-r Amiu,* Grab E (b.) Outfall SIL The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stonnwater exceeding the Out all 012 di user!'` Cc-p12_� PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly D ilY Measurement Sample Sample Type Ayera a Average Maximum Frep Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Oil & Grease Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E 5 f0k SETY'LEMENT PURPOSES ONLY Permit No. NC0004308 Footnotes, A.(4.) 1. Sample locations: E - Effluent. 2.' For the purposes of this permit, a minimum of one sample i a e s calendar week shall bufficient to determine a parameter's "Weekly Average" value. 3. The Total Cyanide limit shall become effective ^• no thirh7-six (36) months from the permit effective date. 4. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. However, for the purpose of compliance with this permit, the quantitation limit for Total Cyanide shall be defined as 10 ug/L, and the Division shall treat each reported value less than 10 ug/L as zero. r^.•:..:t_. rr. Ir.., .d N.r. ., ,.� 141 E^": ^ .a^f;.,;.:,.^. � , .= vl seer a:�; r r.4Acute t' MINI aFillua -reported ., o esti+gig shall r•-...� �,.�rease to Le.11f_LL51 i five .lerly tests dam, StFate nO tO ity rr (' 50 > "100%) tests sha 1LFe..ertei �1 ✓ afIn . a-..-.11-LEffklel,E , ._he_4':ltE.--'_ ih2Lr.im mesh P .. tO testi.,,. 19 FOR SETTLEMENT PURPOSES ONLY w Permit No., T 40000i308 A.(5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 012/S12 During the period beginning. on the effective date of this permit and lasting until the expiration date of this permit, the Permittee is authorized to discharge non -contact cooling water, condensate, fire protection waters, groundwater, and stonnwater at Outfall 012/S12 subject to the.folIowing effluent limitations and monitoring requirements: (a.) Outfall 012. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge contains any amount of non -contact cooling water, condensate, fire protection waters, orgroundwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location' Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 2 E Oil & Grease 30.0 mg/L 60.0 mg/L 2/Month Grab E Total Cyanide 3 434.0 ug/L 2/Month Grab E pH Shall remain within the range of 6.0 to 2/Month Grab E 9A standard units at all times Total Aluminum Monthly Composite 2 E Total Fluoride Monthly Composite 2 E Total Residual Chlorine Monthly Grab E Chronic Toxicity 9 Quarterly Composite 2 E (b) Outfall S12. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of stonnwater. PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample 5 Sample Type Average Average Maximum Frequency Location' Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Oil & Grease Semi -Annually Grab E Total Cyanide Semi -Annually Grab E pH Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Footnotes, A.(5.) : 1. Sample locations: E - Effluent. 2. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 3. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested. However, for the purpose of compliance with this permit, the quantitation limit for Total Cyanide shall be defined as 10 ug/ L, and the Division shall treat each reported value less than 10 ug/L as zero. 4. Chronic Toxicity (Ceriodaphnia) P/F at 16%; quarterly (January -March, April -June, July -September, and October -December); see Condition C.(1.), Chronic Toxicity Permit Limit. 5. Monitoring for these parameters should be performed during a representative storm event. See Condition B. (2), Stormwater Definitions. FOIL SEWLEMENT PURPOSES ONLY Permit No. NCO004308 A.(6.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 013 (a.) During the period beginning on the effective date of this permit and Iasting until the expiration date of this permit, the'Permittee is authorized to discharge groundwater and stonnwater at Outfall 013 subject to the following effluent limitations and monitoring requirements: PARAMETER" EFFLUENT LIMITATIONS MONITORING REQUIREMENTS 'Monthly ' Weekly z Daily Average Average Maximum, Measurement Sample Type Sample Frequency Location Flow Weekly Instantaneous E Total Suspended Solids 30.0 mg/L 60.0 mg/L 2/Month Composite 3 E Total Fluoride 4 1.8 mg/L 23.9 ffig/ 2/Month Composite 3 E Total Cyanide 2/Month Grab E pH Shall remain within the range of 6.0 to 2/Month Grab E 9.0 standard units at all times Total Aluminum Monthly Composite 3 E Acute Toxicity See Footnote 5 Quarterly Composite 3 E (b.) The Division may re -open this permit to modify these effluent limitations and monitoring requirements if monitoring results indicate that the discharge has a reasonable potential to impact receiving water quality or that this discharge consists of uncontaminated stormwater. � ",tvL, Footnotes, A.(6.) 1. Sample locations: E - Effluent. 2. For the purposes of this permit, a minimum of one sample in calendar week shall be sufficient to determine a parameter's "Weekly Average" value. 3. - The Permittee may use time -proportionate compositing or Cher sampling method provided that the alternate method yields samples that are reasonably representative of the discharge during the monitoring period. 4. The Total Fluoride limits shall become effective ^^1`I^.°^�•�•^' Anna thirty-six (36)_months from the permit effective date. 5. Acute Toxicity (Fathead Minnow) 24 hr. P/F ® 90%; quarterly Qanuary-March, April -June, July -September, and October -December); see Condition C.(2.), Acute Toxicity Permit Limit. FOR SETTLEMENT PURPOSES ONLY Permit No. N 00045OS' a fOR SET-kEMENT PURPOSES ONLY Permit No. NCO004308 A.(7.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 019 Sl9 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the Periruttee is authorized to discharge,groundzvater seeps-Ze from the Old Brick Land ill and stormwater at Outfall 07.9/S1.9 subject to the following effluent limitations and monitoring requirements: (a.) Outfall 019. The following effluent limitations and -monitoring req ui.rements shall ap plyBurin an calendar month in which the discharge contains any amount of During the period beginn.*ig-an-tke „ffeEfiye da f-this- t 'in�iand ra iig-Hnfii-t his �ri�tit, the n,, .,,:tE. ; .,uth -;-,,,a-to aiseliatL e-groundwater seepage from the Old Brick Landfill and stonnwater. at Outfall 0! 9 subjeet-to the tc t� PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Type Sample T Sample p Average Average Maximum Frequency Location Flow Quarterly Instantaneous E Total Suspended Solids Quarterly Grab E Total Aluminum Quarterly Grab E Total Fluoride Quarterly Grab E Total Cyanide Quarterly Grab E pH Shall remain within the range of 6.0 to Quarterly Grab E 9.0 standard units at all times Acute Toxicity I Quarterly Grab E CG)�W Outfall S19. The following effluent limitations and monitoring requirements shall apply during any calendar month in which the discharge consists entirely of storniwater. The T)ivisien may re open 04is E1,F Fl,.,.a ,,,,„:.i,.,,.aereaser►a131epeterttal-tee-f '#�- PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Measurement Sample Type Sample Monthly Weekly Daily Average Aygraae Maximum Frequency Location Flow Semi -Annually Instantaneous E Total Suspended Solids Semi -Annually Grab E Total Aluminum Semi -Annually Grab E Total Fluoride Semi -Annually Grab E Total Cyanid� �1,N. �►` Semi -Annually Grab E y C�p � l r kc-+) v afi a� 0-,�l� z i Vk o,C,t\�v- S 19 . C t 2- S ,d P f ) 1 W h�-�� '�- a�,,��].. �t1�1J'�l� i`I'Y"� '�. �+J`� �-�- � 1�'C.�4.("t�i�-- �� �� 5•t�' M W`�� (J ,►-a, V-e- o,� {�i,�n.J� � �:n.. � exc�.�_a.-a.c� o�s�';-�.wn�� .�i=►•.-��4. FOR SETTLEMENT PURPOSES ONLY Permit No. MC0004; 0n 1 Footnotes, A.(7.) : 1. •Sample locations: E -Effluent. 2. Acute Toxicity (Fathead Minnow) monitoring, definitive; quarterly Qanuary-March, April -June, July -September, and October -December); see Condition C.(3.), Acute Toxicity Monitoring. 11 Robert Prezbindowski Alcoa Environmental Tennessee Operations 2300 North Wright Rd ALCOA Alcoa TN, 37701 Mr. Michael E. Templeton Department of Environmental and Natural Resources North Carolina Division of Water Quality 512 N. Salisbury St. Raleigh, North Carolina 27604 UPS Next Day Air — 1 Z 314 411 22 1003 4772 Re: Alcoa Badin Works, Status of NPDES Permitted Outfall 19. Dear Mr. Templeton: 1018I2007 OCT - 9 2007 UENR - WATER QUALITY PMPT SOURCE BRAl•lCli This letter is in response to your recent inquires regarding the activities at Alcoa's Old Brick Landfill site in Badin, North Carolina and the associated NPDES Permitted Outfall 19. The Old Brick Landfill ("OBI "), SWMU #3, is a closed pre-RCRA land disposal unit. The waste area was closed and covered with compacted clay and then vegetated. In the mid- 1990s the northwest side of the landfill experienced a slump failure. This slump failure was caused by surface water infiltration that resulted in saturated unstable soil conditions. Alcoa repaired the slump failure and installed a toe drain system. This toe drain system was designed to relieve pore pressure caused by seasonal water buildup within the landfill matrix. Water controlled by the toe drains was discharged under the NPDES Permit as Outfall 19. A new cover and storm water management system is being installed as a maintenance activity to eliminate Outfall 19. Resurfacing of the landfill is considered part of maintenance in support of the Clean Water Act NPDES Permit. Waste within the unit has not be disturbed or managed during these maintenance activities. Alcoa anticipates the cover storm water management system to be finished by November of 2007_ In preparation for the design of the OBL maintenance work, Alcoa conducted studies to determine the source of landfill water seepage. These studies concluded that storm water infiltration was the source for discharge to Outfall 19. Investigation data showed that storm water percolation through the landfill cover would accumulate within the more porous waste matrix. At a tipping point within the landfill, accumulated pore water would start seeping from the landfill toe drains. This seepage would occur predominately during the wetter seasons of the year; winter and early spring. As climatic weather patterns transition into dryer periods the seep dries up. This understanding of site conditions is based on the facts that: Phone No. 865-977-3811 Fax No. 865-977-3620 email: Robert,Prezbindowski@alcoa.com Water levels in wells installed within the landfill waste material responded rapidly to precipitation events with little or no lag time. Groundwater wells installed on the exterior of the landfill at the same depth were dry. Rainfall of 0.5 inch or greater would result in seepage immediately after the event. This showed that a significant portion of storm water was infiltrating quickly into the landfill matrix. 2. Water levels in wells installed exterior to the landfill in bedrock wells were at least 25 feet below the waste material and did not respond to precipitation at the site. The shallow geology at the site consists of silt and clay overlying the Badin Greenstone, a fine-grained crystal tuff. Almost no coarse -grained saprolite (weathered rock) exists because the fine- grained bedrock weathers rapidly to silt size particles. These fine grain and low permeable soils form the landfill bottom. The effect of a coarse grain waste matrix underlain by low permeable soils is the formation of a perched water zone within the landfill. 3. Field observations made during and after rainfall events revealed significant standing and pooled water on the cap and perimeter storm water ditches. Poor surface drainage appears to add significantly to water infiltration and seepage rates. The strategy for eliminating Outfall 19 discharge focused upon cutting off the water source. This would be done by removing the toe drains and improving the existing cover system to eliminate surface water infiltration. The cover system improvements consisted of four basic components; 1) revised landfill surface profile, 2) instillation of a Re -compacted Soil Barrier (RSB) and flexible membrane liner (FML), 3) instillation of a high flow geocomposite drainage system, and 4) soil and vegetative cover system. The landfill profile was revised with the placement of up to 20 feet of compacted fill to improve structural stability and surface drainage. The new reshaped landfill surface then received 1.5 feet of compacted low permeable clay layer or RSB. Laboratory testing of this material shows it has a permeability of less than 1 x 10-7 cm/sec. Then this compacted clay layer was overlaid with a flexible membrane liner (FML). The FML used at this site is a 40-mil textured linear low density polyethylene (LLDPH) synthetic. A high flow synthetic drainage system was installed over the FML. The synthetic drainage system is composed of a double -sided geocomposite consisting of a geonet with geotextile bonded to both sides having a transmissivity of 4 x 10-3 (m2lsec) (min.). A 24 inch soil/grass layer covers the synthetic drainage system. The soil/grass cover will have a finite storage capacity for the absorption of rainfall and resulting evapotransporation. Any rainfall beyond soil/cover storage capacity will either run-off or drain from atop the FML through the synthetic drainage system to a new diffuser toe -drain to simulate sheet - flow. A storm water retention pond has been added to collect the discharge from the new toe -drain. The retention pond will be constructed with a highly permeable bottom to allow percolation of the collected water into the subsurface. The pond is designed to hold the 25-year/24-hour storm event. In the event that the pond should reach its design capacity, it will discharge through an overflow Phone No. 865-977-3811 Fax No. 865-977-3620 email: Robert. Prezbindowski@alcoa.com notch and diffuser to allow sheet flow from the area. Copies of the design drawings for the new cap and infiltration system are attached. The use of a "storm water infiltration system" is a recommended means of storm water management under 15A NCAC 02H.1000. Further, by definition, a storm water infiltration pond is not an injection well. According to I5A NCAC 02C.0204DEFINITIONS (28) ""Injection Well" means any excavation which is cored, bored drilled, jetted, dug, or otherwise constructed, whose depth is greater than its largest surface dimension and which is used or intended to be used, for the injection of fluids or solids into the subsurface or ground waters." An infiltration pond with a surface area greater than its depth is not an injection well. The new OBL storm water retention pond's surface dimension is larger than its depth as shown on the attached design drawings. In addition, this retention pond manages only clean storm water as a result of the new cover system configuration and design. The new cover and storm water management system completion will change the status of Outfall 19. According to Mr. Bradley Bennet, Supervisor of the Storm Water Permitting Unit NCDEQ, the NCDEQ Storm Water Unit doesn't require permits for properly closed landfills, (i.e., landfills where rainwater makes no contact with the contents of the landfill). The new cover system improvements and configuration eliminates storm water contact with waste materials. Prior to construction activities Alcoa reviewed and discussed the new cover and storm water management system with Mr. Rob McDaniel and Mr. Bud McCarty with the NCDENR Division of Hazardous Waste. These discussions were conducted during a meeting at the NCDENR offices on May 17, 2006 and again in a conference call on July 17, 2006. It is Alcoa understands that Mr. Bud McCarty would or may have already contacted the Division of Water Quality concerning the unit's change in status. We appreciate your time and assistance concerning the change in status of Outfall 19. Please feel free to contact me if you have any questions concerning this unit. Also, if needed Alcoa would gladly coordinate a conference call or meeting between Mr. Bud MaCarty of the Division of Hazardous Waste and yourself. Sincerely, Robert A. Prezbindowski Alcoa Inc. Alcoa Remediation Work Group Phone No. 865-977-3811 Fax No. 865-977-3620 email: Robert.Prezbindowski@aIcoa.com ,I ROY COOPER A7701tNEY GFu> RA1- Rick Dworek, Esq. Counsel Alcoa Inc. 201 Isabella Street Pittsburgh, PA 15212-5858 David W. Berry State of North Carolina Department of .justice: PO Box 629 Raleigh, North Carotin? 27602 June 29, 2007 Smith, Anderson, Blount, Dorsett, iylitchell, & Jernigan, LLP 2500 Wachovia Capitol Center PO Box 2611 PUcigh, NC 27602-261 1 RE]'I,YTO: Nancy R. Dunn Environmental Division Tel: (919) 716-5966 Fax. (919)716-5766 a�� 1 r JUL 3 2007 f7Fu'� �yArEf? urWry Re: May 7, 2007 Groundwater pH Report/ May 14, 2007 Pen -nit Amendment Rcquest Dear Mr Dworek and Mr. Berry: DWQ wishes to thank Alcoa for its May 7, 2007 email transmitting certain data regarding the Badin Operations facility, pursuant to an agreement reached at the January 23, 2007 meeting between Alcoa and DWQ. However, DWQ will require additional information in order to be able to fully consider and interpret that data, and determine whether any modification can be made to Alcoa's NPDES permit for that facility. At the January 23 meeting, Alcoa expressed concern that, under the September, 2006 perrllit, "production" permit limits at outfalls 002, 004, 005, and 012 will still apply dtiring curtailment of operations at the facility. However, Alcoa confirmed that potentially contaminated groundwater, which woLrld otherwise be regulated under RCRA, continues to seep into its collection system and could be discharged from these outfalls. These outfalls cannot, therefore, be regulated as "stormwater only" discharges, which would be subject to less stringenI limits and rllonitoring requirements. The parties discussed the possibility of creating a middle tier of limits and monitoring requirerents in the permit that would apply to these outfalls when only stormwater and/or groundwater was being discharged at these outfalls. DWQ agreed to consider this possibility if Alcor could provide DWQ data, in the form of maps showing the nature and extent of contamination at the site, the respective location and elevation of groundwater and wastewater sewers at the site, and other data denionstrating to I]WQ that the risk of such a discharge of contanurlated groundwater wrrs negligible at an; of all Of tlleSe OLltfirlls. SLICK CkILI "Was not provided in the !Flay 7 e1 all, and should be submitted, along with any supporting or explanatory materials, if DWQ is to consider this possibility any further. DWQ also agreed to consider any information provided by Alcoa showing whether groundwater is contributing to low pH readings at the facility. The data that was emailed to DWQ on May 7 contained pH data obtained by continuously monitoring pH and rainfall at outfall 002, as well as a brief narrative mentioning certain reports, elevation surveys, and other - data which led Alcoa to determine that three outfalIs at the site are potentially impacted by groundwater. The monitoring data should be provided in an electronic format that allows DWQ to evaluate the data, and should be accompanied by any reports or other information upon which Alcoa based its assumptions outlined in the May 7 "technical memo" accompanying this data. Alcoa also asserted at the January 23 meeting that it was difficult for Alcoa to conduct TRC analyses on its discharges, as flows at the site are intermittent, and Alcoa will contract with a lab to collect and analyze samples. DWQ responded that Alcoa is expected to make a reasonable effort top collect the necessary samples, and, !fit is unsucessfal, it can note the lack of flow on its DMR's. Alcoa agreed to propose language to that effect for DWQ's consideration. Alcoa has since indicated that it will request a site -specific Method Detection Limit ('ADL) for its TRC analyses. Please indicate whether Alcoa intends to propose the TRC language as previously discussed. Alcoa Further explained at that meeting that outfall 013 discharges to a zero -flow "receiving stream" alongside the railroad tracks, and then flows through a culvert to Badin Lake. Alcoa expressed interest in piping its flow directly to the lake, where the dilution, and, consequently, Alcoa's limits, would be slightly higher. Alcoa agreed to propose language that would satisfy Alcoa that DWQ could modify the limits at this outfall if the new piping is added. .DWQ also offers the following response to, the May 14, 2007 letter addressed to Bob Sledge of DWQ, in which Alcoa requested that DWQ reduce most or all monitoring frequencies in its permit due to the 2002 shutdown of operations at the facility. That letter indicated that DWQ did riot respond to a similar request Alcoa made in 2002. DWQ did, of course, consider that request. DWQ discussed these matters at length with Alcoa at that time. As a result of those discussions, the draft permit that was sent to public notice in May 2003 included substantial modifications to address Alcoa's unique needs during the curtailment of operations at the facility. That permit was at that time, and remains to this day, the only permit of its kind in NC. Further, the perniit conditions that Alcoa asked Mr. Sledge to modify are central to Alcoa's challenge of its 2006 permit, and the ongoing negotiations between Alcoa and DWQ arising from that challenge. DWQ cannot consider modifying the conditions of the 1995 permit under which Alcoa is currently operating except as a part of negotiations of the 2006 perniit continue. Until this contested case is resolved, Alcoa should address any requests regarding its NPDES permit requirements to Nancy Dunn of the Attorney General's Office, or Mike Templeton or Susan Wilson of DWQ's Point Source Branch. eery tr 'YOU ; Nancy Read Dunn f�SSlsiarrt f�riOr13e'k' rC1lcCttl 0 14 2007 May 14 State of North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27626-0535 Attention: Bob Sledge Alcoa Badin Works Highway 740 PO Box 576 Badin, NC 28009 USA CERTIFIED MAIL RETURN RECEIPT REQUESTED 1158 4585 RE: PERMIT AMENDMENT REQUEST - PERMIT NO. NCO004308 Dear Mr. Sledge: As a follow-up to a meeting on April 19, 2007 with representatives of the Mooresville Regional Office, Alcoa is requesting that admu►istrative amendments be made to its' current NPDES permit. The reason for this request is that the Badin facility was curtailed in 2002, and as a result of this curtailment has ceased discharging process water to its outfalls. The cessation of discharging process water to our outfalls has created a situation whereby our discharges currently consist primarily of intermittent storm water and/or groundwater. Due to the intermittent and unpredictable nature of our discharges, the circumstances are such that it has been difficult at best to fully comply with the current NPDES permit which was developed to address an operational scenario much different than what we are currently experiencing. Alcoa submitted a similar request dated August 12, 2002 (see: attached), for which we have received no response from the Division of Water Quality.'Alcoa submitted a permit application in 1999 and is currently working with the Division of Water Quality in finalizing the new permit. Please find attached an outline of our proposed changes to the current NPDES permit monitoring frequencies, which we believe to be a more appropriate sampling schedule in light of the current operational circumstances, and which will provide us with the flexibility we need to meet the monitoring requirements during this interim period until a new NPDES permit becomes effective. If you have any questions or comments regarding this matter, please feel free to contact Larry McCaskill at 704- 422-5639. Yours Very Truly, Mark J. G oss Facility anager Alcoa - Badin Works Cc: Mike Parker - N.C. DWQ — Mooresville Regional Office Marcia Allocco — N.C. DWQ — Mooresville Regional Office Mike Templeton— N.C. DWQ -- Raleigh Central Office; ; r Nancy Dunn — Raleigh 2007 email Z. T. Gibson J. D. Morton — PGH R. D. Dworek — PGH Legal - - _ _ f J. A. Lease — PGH W. L. McCaskill C. J. Logelin--,PGH"7' .` :: r "' f R. L. Gross PROPOSED INTERIM MONITORING FREQUENCY AMENDMENTS CURRENT PROPOSED PARAMETER FREQUENCY FREQUENCY OUTFALL 002 FLOW WEEKLY QUARTERLY TOTAL SUSPENDED SOLIDS 21MONTH QUARTERLYS') SULFATES 2/MONTH QUARTERLY(') TURBIDITY 21MONTH QUARTERLY TEMPERATURE WEEKLY QUARTERLY pH 21MONTH QUARTERLY FLUORIDE MONTHLY QUARTERLY" ACUTE TOXICITY QUARTERLY NONE(') OUTFALL004 FLOW WEEKLY QUARTERLY TEMPERATURE WEEKLY QUARTERLY pH MONTHLY QUARTERLY TOTAL SUSPENDED SOLIDS ANNUALLY ANNUALLY ALUMINUM ANNUALLY ANNUALLY TOTAL CYANIDE ANNUALLY ANNUALLY FLUORIDE ANNUALLY ANNUALLY OUTFALL 005 FLOW WEEKLY QUARTERLY OIL & GREASE 21MONTH QUARTERLY TOTAL SUSPENDED SOLIDS 2IMONTH QUARTERLY TURBIDITY 21MONTH QUARTERLY pH 21MONTH QUARTERLY CHRONIC TOXICITY QUARTERLY QUARTERLY OUTFALL 011 FLOW EPISODIC QUARTERLY FLUORIDE EPISODIC QUARTERLY TOTAL CYANIDE EPISODIC QUARTERLY OIL & GREASE EPISODIC QUARTERLY TOTAL SUSPENDED SOLIDS EPISODIC QUARTERLY pH EPISODIC QUARTERLY ACUTE TOXICITY ANNUALLY ANNUALLY OUTFALL 012 FLOW WEEKLY QUARTERLY TOTAL CYANIDE 21MONTH QUARTERLY OIL & GREASE 21MONTH QUARTERLY TOTAL SUSPENDED SOLIDS 21MONTH QUARTERLY") ALUMINUM MONTHLY QUARTERLY(') FLUORIDE MONTHLY QUARTERLY(Z) TURBIDITY MONTHLY QUARTERLY pH 21MONTH QUARTERLY CHRONIC TOXICITY QUARTERLY NONE"' OUTFALL 013 FLOW WEEKLY WEEKLY TOTAL CYANIDE 21MONTH 21MONTH TOTAL SUSPENDED SOLIDS 21MONTH 21MONTH FLUORIDE MONTHLY MONTHLY TURBIDITY 21MONTH 21MONTH ALUMINUM MONTHLY MONTHLY pH 21MONTH 21MONTH ACUTE TOXICITY QUARTERLY QUARTERLY (1) PROPOSE THAT TOXICITY TESTING AT 002 & 012 BE DISCONTINUED SINCE THE TESTS HAVE TO BE SCHEDULED & THE DISCHARGE OCCURS INTERMITTENTLY (2) PROPOSE THAT SAMPLE COLLECTION REQUIREMENTS FOR COMPOSITE SAMPLES AT 002 & 012 BE CHANGED TO GRAB SAMPLES ONLY SINCE THE DISCHARGE OCCURS INTERMITTENTLY Inv A►LCOA 2002 August 12 State of North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27626-0535 Attention: Dave Goodrich Alcoa'Primary Metals Badin Works Highway 740 PO Box 576 Badin, NC 28009-0576 USA Fax: l 704 422 5746 CERTIFIED MAIL RETURN RECEIPT REQUESTED 8368 8555 RE: RECENT PLANT CURTAILMENT - NPDES PERMIT NO. NC0004308 Dear Mr. Goodrich: As per recent conversations with both your office and the Mooresville Regional Office, Alcoa has recently curtailed its operations at the Badin facility, and as a result of this curtailment has ceased discharging process water to its outfalls. The cessation of discharging process water to our outfalls has created a situation whereby our discharges currently consist solely of intermittent stormwater and/or groundwater. Due to the intermittent and unpredictable nature of our discharges, the circumstances are such that it will be difficult at best to fully comply with the current NPDES permit which was developed to address an operational scenario much different than what we are currently experiencing. On August 16 and August 19, 2002, we called and spoke with Mr. Mike Parker, Environmental Engineer, of the Mooresville Regional Office and discussed some of the problems, which we were facing in attempting to meet the monitoring requirements contained within our current permit. As a result, Mr. Parker agreed that the monitoring requirements contained within the current permit are not appropriate given the fact that the discharges currently do not include process water. To this end, on September 9, 2002, we met with representatives of the Mooresville Regional Office and agreed that an administrative amendment to the current permit, modifying the sampling frequencies, is the most appropriate way to address these circumstances. Therefore, please find attached an outline of our proposed changes to the current NI -IDES permit monitoring frequencies, which we believe to be a more appropriate sampling schedule in light of the current operational circumstances and which will provide us with the flexibility we need to meet the monitoring requirements during this interim period until a new NPDES permit becomes effective. If you have any questions or comments regarding this matter, please feel free to contact us. Yours Very Truly, Z. T. (Tommy) Gibson EHS Manager Alcoa - Badin Works Cc: Rex Gleason — N.C. DWQ — Mooresville Regional Office Matt Matthews — N.C. DWQ — Environmental Sciences Branch email Joe Kazadi J. D. Morton — PGH M. A. Ross — PGH Legal J. A. Lease -- PGH W. L. McCaskill S. H. Myers — Knoxville J. N. Mitchell