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NC0041173_Regional Office Historical File 1988 to 1994
m FACILITY COUNTY CLASS MAILING ADDRESS TELEPHONE NO. WHERE LOCATED RESPONSIBLE OFFICIAL 77- $�iD-aI ENCL $9ADVAls/ FACILITY OPERATOR REPRESENTATIVE CERT. NUMBER CLASS NPDES PERMIT NUMBER NC ®" L411-73 OTHER PERMIT NO. STATE FEDERAL DATE ISSUED DATE ISSUED EXPIRATION DATE STREAM: NAME CLASS 7Q10 SUB -BASIN gold & qupe -/s �? - 0/-/(, Prate of North Carolin, Department of Enviroi~„ i-lent, Health and Natural 49ources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, -Secretary A. Preston Howard, Jr., P.E., Director March 8, 1994 Earl E. Bradshaw Assistant Superintendent for Auxiliary Services Caldwell County Schools P.O. Drawer 1590 Lenoir, NC 28645 y i 1 P-41 V r Dear Mr. Bradshaw: kf 1.9 MAI �EHNRt Subject: Permit No. WQ0008761 Caldwell County Schools Gamewell Middle and Elementary Schools Kincaid Furniture Project Sewer Extension Caldwell County In accordance with your application received December 1, 1993, we are forwarding herewith Permit No. WQ0008761 dated March 8, 1994, to Caldwell County Schools for the construction and operation of the subject wastewater collection extension. This extension will utilize the existing pump station (a component of the existing treatment facility, Permit No. NC0041173) to abandon the existing treatment facility and reroute the wastewater volume generated from Gamewell Middle School and Gamewell Elementary School to a pump station which will also serve the Kincaid Furniture Facility (Permit No. WQ0008762). The wastewater will be made tributary to the City of Lenoir's existing sewerage system via the Kincaid pump station. Please be advised of condition 15, which states that no flow shall be made tributary to the 4-inch force main permitted herein until the downstream sewers (Permit No. WQ0008762) have been constructed, and the engineer's certification submitted to the Division of Environmental Management. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. 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, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. Q W MAR 1 51994 _V? P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone�9=7aaf568i - FAX-914=933=9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper set of approved r_-ns and specifications is being forwar,.,,,. to you. If you need additional concerning this matter, please contact Ray Cox at (919) 733-5083. Sincerely, A. Prest oward, Jr., P.E. cc: Caldwell County Health Department Asheville -Regional -Office- -_ McGill Associates, P.A. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION )EPARTMENT.OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Caldwell County Schools Caldwell County FOR THE continued operation of a 115 GPM pump station with duplex pumps and high water alarms, and the construction and operation of approximately 1,975 linear feet of 4-inch force main to serve the Kincaid Furniture Sewer Project (Gamewell Middle and Elementary Schools) and the discharge of 17,805 GPD of collected domestic wastewater into the City of Lenoir's existing sewerage system, pursuant to the application received December 1, 1993, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the City of Lenoir's Lower Creek Wastewater Treatment Facility prior to being discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of �,. .. 8truction and prior to operation of thi. Fermitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a._ Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, . f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number 704/251-6208 as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 2 This permit shall become voidable unless the agreement between Caldwell County Schools and the City of Lenoir for the cdllection and final treatment of wastewater is in full force and effect. Please be advised, no flow shall be made tributary to the 4-inch force main permitted herein until the downstream sewers (Permit No. WQ0008762) have been constructed, and the engineer's certification submitted to the Division of Environmental Management. 16. The waters which may be impacted in the case of a power failure of the .pump station permitted herein are classified as C. In the event of a power failure of appreciable duration, the school which this pump station serves will be evacuated, thereby eliminating any appreciable wastewater flow to the pump station, and any possibility for overflow. Permit issued this the 8th day of March, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston oward, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WQ0008761 3 No. WQ0008761 8, 1994 TaTIMOVEI 0 1 W IRM 11�. I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Project Name Location for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date R2 4 Registration No. -ate of North Carolina epartment of Environment, ealth and Natural Resources ivision of Environmental Management _ -imes B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 1•• [D FE F1 Sept. 9, 1993 / ATTN: Earl E. Bradshaw, Jr. / Assistant Superintendent for Auxiliary Services P.O. Drawer 1590 Lenoir, NC 28645 �' SUBJECT: Special Order by Consent ` EMC WQ 90-16 AdH CaldwellCounty Dear Mr. Bradshaw: Attached for your records is a copy of the signed Special Order by Consent approved by the Environmental Management Commission. The terms and conditions of the Order are in full effect, and you are reminded that all final permit limits contained in the permit must be met except those modified by the conditions of the Order. If you have questions concerning this matter, please contact Dianne Williams Wilburn or Jeff Bouchelle at (919)733-5083. Attachment - cc: Regional Office Mike Hom, EPA Ken Eagleson Robert Farmer SOC Files Central Files SincereA, A. Preston Howard, Jj- E. SEP 13 P93 .......4=.K::, P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper COUNTY OF CALDWELL IN THE MATTER OF NORTH CAROLINA NPDES PERMIT NO. NC0050075 NC0041157 NC0041173 NC0041165 HELD -BY CALDWELL COUNTY SCHOOLS NORTH CAROLINA ENVIRONMENTAL MANAGFMFTTT COMMISSION SPECIAL ORDER BY CONSENT EMC WO NO. 90-16'AD II Pursuant to provisions of North Carolina General Statute (G.S.) _ 143-215.2, this Special Order by Consent is entered into by the CALDWELL COUNTY SCHOOL SYSTEM, hereinafter referred to as the CCSS, and the North Carolina Environmental Management Commission, an Agency of the State of North Carolina created by G_S. 143B-282, and hereinafter referred to as the Commission: 1. The CCSS and the Commission hereby stipulate the following: (a) That the CCSS holds the following North Carolina NPDES Permits for operation of existing wastewater treatment works and for making outlets therefrom for treated wastewater to waters of this State in the Catawba River_ Basin, but is unable to comply with the final effluent limitations for BOD, TSS, NH3-N, and Flow set forth in the Permit and the final effluent limitations that will be imposed upon the renewal of the current permits, without construction and operation of additional wastewater facilities: NC0050075 - Col.lettsville NC0041157 - Dudley Shoals NC0041165 - SacJmills NC0041173 - Ganmewell (b) That non-compliance with final_ effluent limitations constitutes causing and contribiiring to pollution of the waters of this State named above, and the i.s within the jurisdiction of the Commission as set forth in G q r7bapter 143, Article 21. (c) Since this Speciai Order is by Consent, neither party will file a petition for a contested casA or for judicial review concerning its terms. 2. The CCSS;- desiring to comply wits r.he permit identified in paragraph 1(a) above, hereby agrees '.o do the following: (a) Comply with all terms and condi_lions of the permit except those effluent limitations identified in paragraph l(a) above. See attachments A - B for all current monitoring requirements and effluent limitations. The permi-Itee may also be required to monitor for other paramc-.ters as deemed necessary by the Director in future permits or administrative PFF (b) Undertake the following activities in accordance with the indicated time schedule: 1) Collettsville Elementary - NCO050075 a. Submit plans and specifications for the extension of the outfall line to a positive flow stream by September 1, 1990. (met) b. Upon receipt of Authorization to Construct, begin construction by no later than January 1, 1991. (met) C. Complete the extension of the outfall line by July 1, 1991. (met) d. Attain full compliance with final effluent limits by September 1, 1991. (met) 2) Dudley Shoals Elementary _ NC0041157 a. Submit plans and specifications for extension of the outfall line by September 1, 1991. (met) b. Upon receipt of Authorization to Construct, begin construction no later than May 1, 1992. (met) C. Complete construction by October 1, 1992. (met) d. Attain full compl-iance with final effluent limits by December 1, 1992. (met) 3) Sawmills Elementary - NCO041165 a. Submit plans and specifications for the extension of the outfall line or for mod.if_ication of the current facilities by September 1., 1992.-(met) b. Upon receipt of Authorization to Construct, begin construction by January 1, 1993. (met) C. Complete construction by July 1, 1993. (met) d. Attain full compliance with final effluent limits by December 31, 1993. 4) Gamewell Middle/Elementary_-__NCO041173 a. Submit plans and specifications for the upgrading of present facilities, for adding a new treatment plant for the Middle School, or for eliminating the discharge by connecting to an existing sewage collection system by December 31, 1993 _ `�� �.�o rz b. Upon receipt of Authorization to Construct, begin construction by April 30, 1994. c. Complete construction and attain full compliance with final effluont limit- t-)v nP7ember 31, 1994. (c) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A and B. Tb.e following reflects only the limitations that have been modified from NPDES requirements by this Order: School Sawmills NCO041165 Gamewell NCO041173 Parameters Unit _ Modified Limits (SOC) Monthly Avg. Weekly Avg. NH3-N mg/1 N/A N/A BOD mg/l 40.0 60.0 TSS mg/l 70.0 105.0 Flow mgd. 0.020 (d) No later than 14 calendar days after an date identified for accomplishment of any activity listed in 2 LZ above, submit to the Director of the North Carolina Division of Environmental Management DEM written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice. shall include a statement of the reason(s) for noncompliance-,- remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities. may be affected. (e) No later than January 31 of each year, submit to the Division Director a written status report of all the SOC related activities that occurred during the past year and those that are planned for the coming year. This report should also include major maintenance activities undertaken at each facility if applicable. Copies of this report shall be sent to the Regional Water Quality Supervisor and to the Operations Branch. (f) -The CCSS shall conduct a study of all cleaning compounds used by the schools in order to determine if the concentrations of NH3-N in the effluent can be reduced by iisi.ng cleaning compounds that do not contain ammonia. The results of this study shall be reported to the Asheville Regional Office by January 31 of each year the SOC is effective. 3. The CCSS agrees that unless ex.ci.i.sed under paragraph 4, the CCSS will pay the Director of the Division of Environmental Management, by check payable to the North Carolina Department of Environment, Health, and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 2(b) and 2(d), or failure to attain compliance with the effluent -l-i-mi.t.�tions/monitoring requirements contained in'Attachment A. Failure to meet a schedule date $1.00/day for the first 7 days; $500/day thereafter Failure to maintain compliance with any modified limit contained in the SOC. Failure to achieve compliance with final effluent limits. Failure to submit progress reports $1.000 per violation $2000 per violation $50/day for the first 7' days; $250/day thereafter 4. The CCSS and the Commission agree that the stipulated penalties are not due if the CCSS satisfies the Division of Environmental Management that non-compliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act .or omission of a third party but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with .a contractual relationship with the permittee; d. An extraordinary event beyond the permittees control. Contractor delays or failure to obtain funding will not be considered as events beyond the pe.rmittee's control; or e. Any combination of the above causes. Failure within 30 days of receipt of written demand to pay the penalties, or challenge them by a, contested case petition pursuant to G.S. 15OB-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the 30 clays has elapsed. 5. Non-compliance with the terms of this Special Order by Consent is subject to enforcement action in addition to the above stipulations, including injunctive relief pursuant to G.S.,143-215.6. 6. This Special Order by Consent and any terms, conditions and interim effluent limitations contained herein, hereby supersede any and all previous Special Orders and Enforcement Compliance Schedule Letters, and terms, conditions, and limitations contained therein issued in connection with NPDES Permit Number NCOO50075, NC0041157, NC0041165, and NC0041173. 7. The permittee, upon signature of. the Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Order by Consent shall expire on December 31, 1994. For Caldwell County Schoo_ls__ Earl E. Bradshaw Assistant Superintendent Date August 18, 1993 (Title) For the North Carolinqi Environmental Management Commission Date �?_ 7 ?jt,Chair of the Commissio ATTACHMENT A Sawmills Elementary School Page 1 of 2 Permit No. NC0041165 A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim -Summer (April 1 - October 31) During the period beginning on the effective date of this Special Order and lasting until December 31, 1993, the permittee is authorized to discharge from outfall serial Number 001 to Freemason Creek. Such discharge shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units Monthly Avg. as specified Daily Max. Measurement Frequency Sample Type SamTle Location -,'.- Flow 0.006 MGD Weekly Instantaneous I or E BOD, 5-Day, 200 C 30.0 mg/l 45.0 mg/l 2/Month Grab E Total Suspended Residue 30.0 mg/1 45.0 mg/l 2/Month Grab E NH3 as N Monthly Grab E Fecal Coliform (geometric mean) 200.0/100 ml 400.0/100 ml 2/Month Grab E Total Residual Chlorine Weekly Grab E Temperature Dailv Grab E * Sample Location: I -influent, E-effluent, The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored by a grab sample 2/Month at the effluent. There shall be no discharge of floating solids or visible foam in other than trace amounts. r-- ATTACHMENT A Sawmills Elementary School Page 2 of 2 Permit No. NCO041165 A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim -Winter (November 1 - March 31) During the period beginning on the effective date of this Special Order and lasting until December 31, 1993, the permittee is authorized to.discharge from outfall serial number 001 to Freemason Creek. Such discharge shall be limited and monitored by the permittee as specified below: Effluent'Characteristics Discharge Limitations Monitoring Requirements Units as specified Measurement Sample Sample Monthly Avg Daily Max. Frequency Type Location` Flora 0.006 MGD Weekly Instantaneous I or E BOD, 5-Day, 200 C 30.0 mg/l 45.0 mg/1 2/Month Grab E Total Suspended Residue 30.0 mg/1 45.0 mg/l 2/Month Grab E NH as N Monthly Grab E Fecal..Coliform (geometric mean) 200.0/100 ml 400.0/100 ml 2/Month Grab E Total Residual Chlorine Weekly Grab E Temperature Daily Grab E * Sample Location: I -influent, E-effluent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored by a grab sample 2/Month at the effluent. There shall be no discharge of floating solids or visible foam in other than trace amounts. A(1) ATTACHMENT B Gamewell Elementary School Permit No. NC0041173 EFFLUENT'LIMITATIONS AND MONITORING REQUIREMENTS - Interim During the period beginning on the effective date'of this Special Order and lasting until December 31, 1994, the permittee is authorized to discharge from outfall serial Number 001. Such discharge shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as specified Measurement Sample Sample Monthly Avg. Weekly Avg. Frequency Type Location* Flow 0.020 MGD Weekly Instantaneous 1 or E BOD, 5-Day, 200C 40.0 mg/l 60.0 mg/l 2/Month Grab E Total Suspended Residue 70.0 mg/l 105.5 mg/1 2/Month Grab E NH3 as N 2/Month Grab E Fecal Coliform 1000.0/100 ml 2000.0/100 ml 2/Month Grab E Residual Chlorine Daily Grab E Temperature Weekly Grab E * Sample Location: I -influent, E-effluent, U-upstream, D-downstream The pH shall not be less than 6.O standard units nor greater than 9.0 standard units and shall be monitored by a grab sample 2/Month at the effluent. There shall be no discharge of floating solids or visible foam in other than trace amounts. The permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative letters. ;J OF ERbIR0RtdEN-1 MarugLtME, t, MAY 4 1,989 MOORESVILLE p $EG10NAL O7;EW f' — c . State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor May 1, 1989 R. Paul Wilms William W. Cobey, Jr., Secretary Director Mr. Earl E. Bradshaw PO Drawer 1590 Lenoir, NC 28645 Subject: Permit No. NCO041173 Caldwell County Schools Caldwell County Dear Mr. Bradshaw:f•1, In accordance with your application for discharge permit received on December 19, 1988, we are forwarding herewith the subject State - NPDES permit. 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 US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, D.3. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Original Signed By ARTHUR MOUBERRY IRu; Paul Wilms P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Att•-.._ n_.:__ Permit No. NCO041173 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Caldwell County Schools is hereby authorized to discharge wastewater from a facility located at Gamewell Middle and Elementary Schools On North Carolina Highway 18 Gamewell Community Caldwell County to receiving waters designated as an unnamed tributary to Lower Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective June 1, 1989. This permit and the authorization to discharge shall expire at midnight on April 30, 1994. Signed this day May 1, 1989. Original Signed By ARTHUR MOUBERRY For. R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission v Permit No. NG0041173 SUPPLEMENT TO PERMIT COVER SHEET Caldwell County Schools is hereby authorized to: 1. Continue to operate and maintain the existing 0.01 MGD wastewater treatment plant consisting of a bar screen, aeration basin with diffused aeration, secondary clarifier with sludge return, and effluent chlorination located at Gamewell Middle and Elementary Schools on Highway 18 in Caldwell County (Note Part III of this permit), 2. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate additional facilities needed to comply with the final effluent limitations and conditions of this Permit (See Page III of.this Permit), and 3. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Lower Creek which is classified Class "C" waters in the Catawba River Basin. ♦` UNITED STATES DEPARTMENT OF THE INTERIOR �= GEOLOGICAL SURVEY 81 °37'30" 444000m.E 33 MI r0 U s 421 3552'30' -- ___-_ LENOIR QUNC.IN. C 321A, 4,4 MI, 1 4 T--• 1 .•_— %.�I . � ,. ate. � -- - j �� a '�•� �♦ �°,i'•. j16 l`o ZO Py�tt * ewell cl. C m.. ' � ` 1N cry=ti _L_1'•_�--//� - �� �� .�/ ..I, - 1076 i: J. o 1122 Ir : J 4 .: 1 � ��- _ ' = : x=: � I� ' �s�. _ ��= '� � ter- •-�_��, �- 03 tk �fi.:s}.:.._ .`s t t 1 'la` �.0 F' �'{, fJr: j. 'y}4"•.�: `. .: '/% a � �";\ y� ,L.rr� �Y (z -` dam' � w. t ;5 �� _• � �.�. s J �` is _ _1033' Qta e /` . .p � x> 1� --- DT'��... / �r h{ y� ��cc,,��� �., k`.♦ �•.•r-• r : .4. r ` ~s: X Bridge "r1 50, it�"h^'r- . h'� Q.. '% `'. C: 1 - c ♦?y 7 � - - S� . ,;y' pq _••;y . NJ` s:� _ V r A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final NPDES No. NC0041173 During the period beginning on the effective date of the Permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Other Units (Specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Frequency Tie Location Flow BOD, SDay, 20 Degrees C 0.010 MGD 30.0 mg/l 45.0 mg/l Weekly 2/month Instantaneous Grab I or E Total Suspended Residue 30.0 mg/l 45.0 mg/l 2/month Grab E E NH3 as N .Fecal Coliform (geometric mean) 1000.0/100 ml 2000.0/100 ml Monthly 2/month Grab Grab E E Total Residual Chlorine Weekly Grab E Temperature Daily Grab E * Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. M3 a bcneaule of Compliance 1. The-permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit. 2. Permi.tte.e shall at all times provide the operation and maintenance necessary to operate the existing facilities at: optill"'i efficiency. 3. No later than 14 calendar days following a date :identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the .case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule ,requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, ,or modification; or for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to.exceed $10,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. Duty -to Mitigate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Permit Modification After notice and opportunity for.a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge;, or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to.the Permit Issuing Authority. The submittal of a new application Part II Page 2 of 14 may be required of the permittee. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliances, does not stay any permit condition. 5. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established_ under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6.or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Part II Page 3 of 14 )f Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 11. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reason- able time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or -systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 3. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage -or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this - discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. Part II Page 4 of 14 .irement is waivedrwhere infiltration/inflow analyses are scheduled formed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any division from or bypass of facilities. 4. Upsets "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40'.CFR S 122.41(n)(3) are met. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 6. Power Failures The permittee is responsible for maintaining adequate safeguards as'required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION C. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the -sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management - Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 3 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices -selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part II Page 6 of 14 6. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. Thisperiod of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 7. Recordine Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; C. The person(s) who performed the analyses; and d. The results of such analyses. 8. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and -conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result Part II Page 7 of 14 in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the.DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. 3. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Averaging of Measurements Calculations for limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. 6. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: Part II Page 8 of 14 a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in,the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) which is not -limited in the permit, if that discharge will exceed the highest of the following "notification levels". (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and.for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or (3) Five (5) times the maximum concentration value reported for that pollutant(s) in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent_ basis, of a toxic pollutant (listed at 40 CFR S 122, Appendix D. Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior, to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. 9. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For,a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) -For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of.that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or Part JI Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential., Knowingly making any false statement on any such report may result in the imposition of criminal penalties as. provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 11..Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authorit The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Natural Resources and Community Development. Part II Page 11 of 14 3. EMC: Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act"' The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Dav Measurements a. The "monthly average discharge: is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sample and measured, divided by the number of daily discharges samples and/or measured during such month. It,is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were,reported. The limitation is identified as "Daily Average" or "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as'the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday -Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. C. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sample and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual -Average" in Part I of the permit. Part II Page 12 of 14 6. Concentration Measurement a. The "average monthly concentration," other than'for fecal.coliform bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal .coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" or "Daily -Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is -equal to the concentration of a composite sample or in the case of grab samples is the_ arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. C. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured duringa calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic -mean (weighted by flow value) of all the -samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. 7. Other Measurements 0 Part II Page 13 of 14 a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Types of Samples a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 14 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant'listed as toxic under Section 307(a)(1) of the Clean Water Act. PART III OTHER REQUIREMENTS A. Previous, Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provi.s:ioi;.s of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. - B. Construction No constriv-tion of wastewater treatment fac:.i:lities or--idd.itj.oris thereto sha.li be begun. until. Final Plans and Specifications have been. submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in. responsible charge of the wastewater treatment facilities. Such operator must hold a. certification of the grade equivalent to or greater than the class-ification assigned to the wastewater treatment facilities. D. Groundwater Moni.toring The permittee shall, upon written notice from the Director of the Division of Environmental Management, condnct groundwater monitoring as may he required to determine the compliance of this NPDES permitted facility with the current groundwater standards. L' . Limitations_ Reopener This permit shall be. modified or alternatively, revoked and re.i.ssu.ed, to comply with any applicable effluent guideline or Seater quality stai,dard issued or approved undler Sections 302(b) (2) (c), and. ((J), 3015-(b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. The permit as modified or reissued under this pa.ragr.nph.. shall also contain any other requirements in the Act then applicable. Part III Permit No. NCO041173 F. Toxicity Reopener This permit shall be modified, or revoked and reissued, to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. The permittee shall install a flow measuring device, to obtain an actual measurement of the wastewater discharge flow rate. An Authorization to Construct must be requested and received prior to any construction on the treatment plant. PART IV ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. i State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management:_,... _.. _ _- 512 North Salisbury Street • Raleigh, North Ca�rollina 27610F Nk��RAjj - June 20, 1988 ,::1 SOUR`✓ES ANDR Paul Wilms James G. Martin, Governor 130MMUNITY DEVLPL .�) a- 1 S. Thomas Rhodes, Secretary Director Mr. Kenneth A. Roberts, Superintendent Caldwell County School P.C. Drawer 1590 Lenoir_, N.C. 28645 Dear Mr.. Roberts: v'),'j 01988 H 0H OF R10,01RIEffM (u;JH:EITu j 1 41";'G"VESVILIE 11ES2'ilAL fffla, Subject: Modification to NPDES Permit No.. NCO041173 Ganewell Elementary School Caldwell County In accordance with your request for Permit modification received March 28, 1988, we are forwarding herewith modifications to the subject permit. These modifications are to change the supplement: to Permit: Cover Sheet to include construction of a lift station and equalization basin and a change in monitoring .requirements due to regulation changes. All other_ terms and conditions contained inn the original per_mi.t remain unchanged and in full effect. These modifications are issued: pursuant to the r.equ.i.rments of North Carolina General Statute 143-21.5.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. The changes in monitoring frequencies shall become effective September 1, 1988. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulations 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Vocal governmental permit that may be required. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 A., F,, 1 (l v r min, ,Ffi.., ti— A,-H— Fmnlnv have any questions concerning this Permit Modification, please contact ins at 919/733-5083. Sincerely., ORIGINAL SEG%,;7D '8Y ARTHUR MOUBERRY FOR R. Paul Wilms -- = cc: Mr. Jim Patrick, EPA desvi11e-be-giona1 Of"" Permit No. N00041173 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT __ _. PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Caldwell County Schools is hereby authorized to discharge wastewater from a facility located at Gamewell Middle and Elementary Schools Highway 18 .Caldwell County to receiving waters designated as an unnamed tr=ibutary to Lower Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective June 20, 1988 This permit and the authorization to discharge shall expire at midnight on May 31, 1989 Signed this day June 20, 1988. ARTHU R ��S.JGn ED 6 y FoR BERRY R. Paul Wilms, Director Division'of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0041173 SUPPLEMENT TO PERMIT COVER SBEET Caldwell County Schools is hereby authorized to: 1. Continue to operate and maintain the existing 0.01 MGD wastewater treatment plant consisting of a bar screen, aeration basin with diffused aeration, secondary clarifier with sludge return, and effluent chlorination located at Gamewell Middle and Elementary Schools on Highway 18 in Caldwell County (Note Part III of this permit), 2. After receiving an Authorization to Construct from the Division of Environmental Management, construct a lift station and an equalization basin (see part III of this permit), and 3. Discharge from said treatment works into an unnamed tributary to Lower Creek which is classified Class "C" waters i.n'the Catawba River Basin. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permit and Permittee is authorized to discharge from outfall(s) serial number(s) 001. and monitored by the Permi.ttee as specified below: NUDES No. NC lasting until E Such discharges s Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs da Other Units, (Specify) Measurement Sample Sample Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Frequency Type Location Flow 0.0.10 MGD Weekly Instantaneous I or E BOD, 5Day, 20 Degrees C 30.0 mg/1 45.0 mg/1 2/month Grab E Total Suspended Residue 3,0.0 mg/1 45.0 mg/1 2/month Grab E NH3 as N Monthly Grab E Fecal Coliform (geometric mean) 1000.0/100 ml 2000.0/100 ml 2/month Grab E Total Residual Chlorine Weekly Grab E Temperature Daily Grab E i 7 y Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standardf units and shall be monitored 2/month at the effluent by grab sample. r There shall be no discharge of floating solids or visible foam in other than trace amounts. M3 of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule.: Permittee shall comply with Final Effluent Limitations by the effective date of the permit. 2. Permitte.e shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a. permit renewal applicat-ion, 2. Penalties for _Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $10,000 per day of such. violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a. fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. Duy to Mitigate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of -the noncomplying discharge. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limi.tPd to, the following: a. Violation of any terms or coriditior.. of this permit; b. Obtaining this permit: by misrepresentat lon or failure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses. a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application 5. 0 Part 11 Page 2 of 14 may be required of the permittee. The filing of a request by the permittee .f.or a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompl.i.ances, does not stay any permit condition. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under_ Section. 307(a) of the Act for a toxic pollutant which is present in the discharge, i.f such standard or prohibition is more stringent than any limitation for such pollutant in this permit., this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided .n the regulations that establish those stinda.rds or prohibitions, even if the permit has not yet. been modified to incorporat(I. the requirement. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part li, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be. construed to relieve the permittee from any responsibilities, li.abili_ties, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 131.9. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7. Oil. and Hazardous Substance Liability Not:hix.g D) tbis pe.r+ni.t shall. iie co,).strued to pa:ecliide tiin inst..i_t.ut-ion of any legal action or relieve the permittee from any r.esponsib.i.liti.«is, liabilities, or penalties to which the permittee is or may be subject to urcde.r NCGS 143-215.75 at seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Part II Page 3 of 14 f Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 11. Duty to Provide Information The permittee shall furnish to the Permit: Issuing Authority, within a reason- able time, any.informati.on which the Permit Issuing Authority may request to determine whether_ cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. Tile permittee shall also furnish to the Permit Issuing Authority tlpon request, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTRO,S 1. ' Proper Operation and Maintenance The permittee shall. at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. Need to Halt or Reduce not_a Defense It shall not be a defense for a permittee in an enforcement. action that it would have been necessary to halt or reclucP the permitted activity in order to maintain compliance with the condition of this permit. 3. DypassinS Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not .later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location. of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. 4 5. C. ,airement to be performed planning project Part II Page 4 of 14 is waived where infiltration/inflow analyses are scheduled as part of an Environmental Protection Agency facilities The permittee shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any division from or bypass of facilities. Upsets "UpseL" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the pe.rmit.tee. An upset does not include. noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment; facilities, lack of preventive maintenance, or careless or improper. operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the re.quirPments of 40 CFR S 122.41(n)(3) are met. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant: from such materials from entering waters of the State or navigable waters of the United States. Power Failures The permittee is responsible for maintaining adequate safeguards to prevent the discharge of ur.tr.eated or inadequately treated wastes daring electrical. power .failures either by -means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION C. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the. approval of the Permit Issuing Authority. Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first D"SR is due on the last day of the month following the issuance of the. permit or in the case of a new facility, on the last clay of the month following the commencement of discharge. Duplicate. signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water_ Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 3 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control. Act, as Amended, and Regulation 40 CFR 136. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, by punished by a fine of not more than. $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part II Page 6 of 14 6. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. Thisperiod of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 7. Recording ReGul.ts For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; C. The person(s) who performed the analyses; and d. The resi;lts of such analyses. 8. Right of Entry_ The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter_ upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to 'nave access to and copy any r.ecc1rds required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method regiiired in this permit; and to sample any discharge of pollutan.ts. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent v;ith the terms and conditions of this permit. The discharge of any polliitant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result Part II Page 7 of 14 in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. 3. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written. notification. 5. Averaging of Measurements Calculations for limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing. Authority in the permit. 6. Noncompliance Notification The permittee shall. report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: Part II Page 8 of 14 a. Any occurrence at the water pollution control. facility which results in the discharge of significant amounts of wastes whicl, are abnormal in quantity or characteristic, such as the dumping of the contents of a. sludge digester.; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a pumping station, se-wer line, or t:reat.men.t facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit l.im_itatious. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe.: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) which .is not limited in the permit, if that discharge will exceed the highest of the following "notification levels". (1) One hundred micrograms per liter (100 1-19/1); (2) 'No hundred micrograms per liter (200 ug/1) for acr.olein and acrylonitrile; five hundred micrograms per. liter (500 ug/1) for 2,4-dinitropheriol and for 2-methyl-4,6-cliriitrophenol; and one milligram per liter (1 mg/1) for antimony; or. (3) Five (5) times the maximum concentration value reported for that pollutant(s) in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant (listed at 40 CFR S 122, Appendix D. Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive a»thor.izati.on to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than180 days -prior to the expiration date. Any discharge without a permit after th.a expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1253. et seq. 9. SignatoL_Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary; treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or oper.nti.ng facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a dilly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or Part II Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certificati.orr: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly resporisihl.e. for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or. Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential.. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who know_iTlgl.y makes any false statement, representati-on, or. cti.r.ti.ficati.on .iri any r.ecoci or: other document submitted or required to be maintained under this permi.t., including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than 110,000 per violation, or by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Natural. Resources and Community Development. Part II Page 1.1 of 14 3. EMC: Used herein means the North Carolina Environmental Management Commission. 4. Actor "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. __Measurements a. The "monthly average discharge: is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sample and measured, divided by the number of daily discharges samples and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Daily Average" or "Monthly Average" in Part I of the permit. b. Tile "weekly average discharge" is defined as.the total. mass of all daily discharges sampled and/or measured during the calendar week (Sunday -Saturday) on, which daily discharges are sampled and measured, divided by the number of daily discharges samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each. day of the week and then dividing this sum by the number of days the tests were reported. This I.imi.tati.on is identified. as "Weekly Average" in Part. I of the permit. C. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar clay. If only one sample is taken during any calendar day the weight of poll.uta.iit calculated from it is the "maximum daily discharge." This limitation is .identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge is defined as the total mass of: all daily discharges sample and/or measured during, the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in. Part I of the permit. C-1 Part TI Page 12 of 14 Concentration Measurement a. The "average monthly concentration, other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic me -an of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of: grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" or "Daily Average" under "Other Limits" in Part I of the permit. b. The average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday:) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. C. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. It is identified as "Daily Maximum" under "Other Limits' in Part T of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted. by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year.. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. 7. 8. 9. Part II Page 13 of 14 Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Types of Samples a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 14 of 14 l0. Calendar Day A calendar day is defined as the period from midnight of one dray until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No constcuc:tion of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina. General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a. certification of the grade equivalent to or greater than the classification. assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c•), and. (d), 304(b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise more. stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Part III Continued F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. S1 Art State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management . 512 North Salisbury Street • Raleigh, North Carolina 7611 James G. Martin, Governor' S. S. Thomas Rhodes, Secretary May 11, 1988 1Co rZ''f') r © �,A I Wilms Mr. Kenneth Roberts, Superintendent - -az ireaor Caldwell. r,,,;^t• r 7EF0.j'AZEI7711 y Schools F Post Office Drawer 1590 Lenior, NC 28645 SUBJECT: Dear Mr. Roberts: 1z b 1 3 19%q liQQ��dS,rlZZE fife PtpfflC� L Permit No. NC0041173 Authorization to Construct Gamewell Elementary School Equalization Basin & Pump Station Caldwell County A letter of request for an Authorization to Construct was received March 29, j 1988, by the Division and final plans and specifications for the subject project granted have been reviewed and found to be satisfactory. Authorization is herebyJ for the construction l a Pump station with dual 10,000 gallon capacity equalization basin and a 100 GPM submersible pumps and all associated appurtenances for the existing Gamewell Elementary wastewater treatment facility, This Authorization to Construct is issued in accordance with Part l.II paragraph l3 of the NPDES Permit No. NC0041.173 issued September. 1.4, 1984, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions And limitations Specified in Permit No. N00041173. The Mooresville Regional Office, telephone number 704-663-1699 shall be notified at least twenty-four (24) hours in advance of operation of these facilities. Such notification to the Regional Supervisor shall be made during the normal office hour from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. In event the facilities fail to perform permit effluent limits, satisfactorily in meeting its NPDES Caldwell County Schools shall. take suc}1 immediate corrective action as may be required by this Division, Including the construction of additional. wastewater treatment and disposal facilities. A copy of the approved plans and specifications shall be maintained on file by the perm.itt-ee for five years from the date of issuance. Pollution Proyntion Pa» P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telenhn— QfQ.7Z7. 7n,c ' that the and specs P.O. Box operation of this permitted Professional engineer certifying accordance with the approved plans Permits and Engineering Unit, One (1) set of approved plans and specifications YOU have any questions or need additional information, Floyd, telephone number 919/733-5083, .ompletion of construction and prior to eert: i f.icat.ion must be received froma __ Permitted facility has been installe ficat.ions. d in Mail the Certification to the 27687, Raleigh, N.C. 27611-7687. Sincerely Is being forwarded to you. If Please contact Mr.. Jack R. Paul Wilms / cc Caldwell CountHealth �`� M oresville Regional Supervisor ?r• Dennis R. Ramsey James McGovern & Associates Engineer's Certificate I the State of North Carolina, as a duly registered Professional facilities has been completed in accordancby with the a Engineer in certify that construction of these permitted specifications. pproved plans and Signature De # NC00 12egistrntion Plumber--. C-) I, ENVIRONMENTAL O Lh Carolina Department of Natural MANAGEMENT Robert F. Helms Resources & Community Development Director James B. Hunt, Jr„ Gove ndr. James A. Summers, Secretary Te1eohone919733-7015 DIVISION OF ENVIRONMENTAL MANAGEMENT �91 September 14, 1984 1 Mr. Benjamin Setzer Caldwell County Schools Post Office Drawer '1'590 Lenoir, North Carolina 28645 Subject: Amendment of NPDES Permits N_ o. NC Q 7., gym._ we, �M'�iPdFl�1�/11�[n:.z»1'4h'r5_1�_ No. NC 0030783 Baton Elementary School Caldwell County Dear Mr. Setzer: There have been recent policy changes resulting in new minimum monitoring requirements. We are transmitting herewith copies of the amended Pages M-3, reflecting the new requirements, which should replace the existing M-3 pages in the Permits. These modifications will be effective October 1, 1984. All other terms and conditions contained in the original permits remain unchanged and in full effect. These modifications are issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, requirements, or limitations contained in these modifications are unacceptable to you, you have the right to an adjudicatory hearing before a hearing officer upon written demand to the Director within 30 days following receipt of these modifications, identifying the specific issues to be contended. Unless such demand is made, these modifications shall be final and binding. If you have any questions concerning these modifications, please contact Mr. David T. Adkins, at telephone number (919) 733-5083. Sincerely yours, Original Signed By FORREST R. WESTALL FOR Robert F. Helms Director cc: Mr. Jim Patrick, EPA • Q 7 S�V _ C� 2 egAM. a ftSlU,p er+y�� P. O. Box 27687 Raleigh, N. C. 27611-7687 An Equal Opportunity Affirmative Action Employer A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of the Permitand lasting Until expiration the permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Ada lbs da Other -Units (Specify) Measurement Sample_ Sample Monthly Avg. meekly Avg. Mont yAvg. ee y vg. `l-requency Type Location Flow 0.01 MGD Weekly Instantaneous I or E BOD5 30 mg/1 45 mg/1 2/Month Grab I, E NH3 as N Monthly Grab E TSS 30 mg/1 45 mg/1 2/Month Grab E Fecal Coliform (Geometric Mean) 1000/100 ml 2000/100 ml 2/Month Grab E Temperature Daily Grab E Residual Chlorine Daily Grab E *E-Effluent, I -Influent, U-Upstream, D-Downstream rh i- h r) rt (D � c~n o � @ a-r The pH shall not be less than 6.0 standard units nor greater than 9.0 standard -units and o a ( r- shall be monitored weekly by grab samples at E. There shall be no discharge of floating solids or visible foam in other than trace amounts. � W North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor James A. Summers, Secretary June Mr. Benjamin SetzerO' ;r�`+-V��° Caldwell County Schoecls ;�' = ' D�f '�Olt.nDN'� P. 0. Drawer 1590 Lenoir, NC 28645 1954 - p ,�' L�LFw Dear Mr. Setzer: 1, 1984 DIVISION OF ENVIRONMENTAL MANAGEMENT Robert F. Helms Director Telephone 919 733-7015 SUBJECT: Permit No. NCO041173 Gamewell Middle/Elementary Schools Caldwell County In accordanc=with your application for discharge permit received February 15, 1984, we are forwarding herewith the subject State-NPDES Permit. 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 December 6, 1983. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing before a hearing officer upon written demand to the Director within 30 days following receipt of this permit, identifying the specific issues to be contended. Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. Part II,-.B..2. addresses = the requirements to be followed in case of change in ownership or control of this. discharge. This permit does not affect the legal requirement to obtain other per-Lits which may be required by the Division of Environmental Management. If you have any questions concerning this permit, please contact Ms. Helen S. Fowler at tele phone number 919/733-5083. -. Permit No.. NC 0041173 , STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T 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, Caldwell County Schools is hereby authorized to discharge wastewater from a facility located at Gamewell Middle and.Elementary Schools - Highway 18 s' Caldwell County to receiving waters designated an unnamed tributary, -.to Lower Creek in.the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof.. This permit shall become effective June 1, 1984 This permit and the authorization to discharge shall expire at midnight°. -- on May 31,.. 1989 M1_ &, : I1 Permit No. NC0041173 SUPPLEMENT TO PERMIT COVER SHEET Caldwell County Schools is hereby authorized to: 1. Continue to operate and maintain the existing 0.01 MGD wastewater treatment plant consisting of a bar screen, aeration basin with diffused aeration, secondary clarifier with sludge re.turn,_.and ._ effluent chlorination located at Gamewell Middle and.:,Elementary Schools -on Highway 18 in Caldwell County (Note Part III-_ of .; this-- ' , : :- permit) , and 2. --Discharge from said treatment works--i:nto -an unnamed tr-ibutary to Lower Creek which is classified Class "C" waters. 3 �w A. (1), EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of�the Permitand lasting until ekpiration, the permittee is authorized to discharge from outfall(s) serial number(s)ool. Such.discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements _ K da lbs da Other -Units (Specify) Measurement Sample Sample MonthlyAvg• Weekly Avg. Monthly Avg. ee y Avg. Frequency ape Location Flow 0.01 MGD Weekly Instantaneous I or E BODS 30 mg/l 45 mg/l Semi-annually Grab E,U,D NHasas N. Annually Grab E TA 30 mg/l 45 mg/l Annually Grab E Fecal Coliform (geometric mean) 1000/160 mi. 2000/100 ml Semi-annually Grab E,U,D Temperature., Monthly Grab E,U,D Dissolved Oxygen (minimum) Monthly Grab E,U,D COD Semi-annually Grab E,U,D Total.Resiclue Annually Grab ' Residual Chlorine Monthly Grab E' Settleable Matter Monthly Grab E *E - Effluent, I - Influent, U - Upstream, D = Downstream 'V IV l.;; :;; t t ,, . o'Sco -i p 9 (D c'* The pH shall not be less'than 6.0 standard units nor'"reater than 9.o standard units and �. shall be monitored quarterly by grab samples. at E,U,D. o There shall be no discharge of floating solids or visible foam in other than trace amounts. 0 f I; Part I Permit No. NC JLE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: 2. No later than 14 calendar days following a date identified inthe above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4 Part I Permit No. NC "Act" used herein means the Federal Water Pollution Control Act, As "DEM" used herein means the Division of Environmental Management of Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management C.. M014ITORING AND REPORTING Amended. the Commission. 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge'. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) . ., postmarked no later than the 45th day following the completed reporting period. The first report is due on Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management 'Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 .3. Definitions a. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one - month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one -month period. b. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected during a one -week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one -week period. c. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. M 5 Part I Permit No. NC e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equiva- lent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). f. Composite Sample: A "composite sample" is any of the following: (1) Not less than four influent or effluent portions collected at regular intervals over a period of 24 hours and composited in proportion to flow. (2) Not less than four equal volume influent or effluent portions collected over a period of 24 hours at intervals proportional to the flow. (3) An influent or effluent portion collected continuously over a period of 24 hours at a rate proportional'to the flow. g. Grab Sample: A "grab sample" is a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at the period(s) most representative of the total discharge. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq, The Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following` information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. M6 PART I Permit No. NC 6. Additional Monitoring by Nermittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit; using approved analytical methods as specified above, the resultsof such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) Such increased frequency shall also be indicated. The DEM may require more'frequent monitoring or.the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. PART II Permit No. NC F REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of.that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the-permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5)'days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected .to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M8&I7 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. -6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters. of 'the United States. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. PART II Permit No. NC B. RESPONSIBILITIES I. Ri-ght of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terns and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept tinder the terms and conditions of this'permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or.owrership of facilities from which the authorized'discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit�ir the name of thq prospective owner. A copy of the letter shall be,forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2)-or Section 306 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Di-ision-of Environmental Management.` As required by the.Act, effluent data shail not be considered confidential. Knowingly making any false statement on any such report may result in the -imposition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be modified, suspendpd, or revoked in whole or in part during its term for cause including, -hut rot limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully az! relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M10&I9 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. Oil and Hazardous Substance Liability 8. 9. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or' -may be subject under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321., Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any in,iury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remAinder of this permit shall not'be affected thereby. V . PART II Permit No NC ".r,ration of Permit Permittee is not.authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. 1 11 PART III Permit No. NC B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance -of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National. Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following .receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter'90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to. the wastewater treatment facilities. M15&I12 PART III Permit No. NC- B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. M15&I12 State of North .Caroiii�i Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 23, 1994 l� 1� Earl E. Bradshaw C P O Drawer 1590 X� Lenoir, NC 28645 SIN ct: Permit No. NCO041173 Gamewell Middle & Elem. School Dear Mr. Bradshaw: Caldwell County In accordance with your appplication for discharge permit received on October 4, 1993, we are forwarding herewith the sd3 ject state - NPDES permit. This permit is issued pursuant to the requirements of North CaroI`i\na General Statute 143-215 .1 and the Memorandum ,of Agreement between North Carolina and the US Environmental Protection agency dated 98-3 December 6-1, If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the n`gh-t to an adjudicatory hearing upon written request within thirty (30) days following receipt of �h\is let er. This request must be in the form of a written petition, conforming to Chapter 150B o,\the North - arolina General Statutes, and filed with the Office of Administrative Hearings, st Office Dra-wez 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall�e finaLaand binding. Please take notice this permit is not transferable. Part II, EA. addresses the requiremen to be followed in case of change in ownership or conA,l of this discharge. This permit does not affect the legal requirements'to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, pleZase contact Mr. Jay Lucas at telephone number 919/733-5083. \ ncerely, \ 741 ✓A. Preston How d, Jr. M P�icc: Mr. Jim Patrick, EPA ILIA -:"9 Asheville Regional Office`::; HAR 1994 ` P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919 F' C��CY An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer ��ir~ ' ;