HomeMy WebLinkAboutNC0005258_Complete File - Historical_20200921 1
FACILITY
COUNTY _ U/Z CLASS
MAILING ADDRESS —
lW66&4AMA)
RESPONSIBLE FACILITY OPERATOR
OFFIICIAL•. - REPRESENTATIVE
TELEPHONE NO. �N t e-1 �4/� xf)
WHERE LOCATED l v 1 b l�- `�S " Z
CERT. NUMBER
CLASS
NPDES PERMIT NUMBER NC Cry U Z,S$ OTHER PERMIT NO.
STATE FEDERAL DATE ISSUED
DATE ISSUED
EXPIRATION DATE
.STREAM: NAME _ 0 SGL CARBON GROUP
CLASS
Richard T. Ives SGL CARBON CORPORATION
7Q10 _ Senior Project Engineer 307 Jamestown Road
Morganton,NC 28655
Mailing Address:
SUB—BASIN P.O.Box 40
Morganton,NC 28680-0040
Phone (828)432-5811
Fax (828)432-5885
Email richard.ives@sgt=bon.wm
. �
State of North Carolina
Department of Environment
and Natural Resources 1 • •
Division of Water Quality ` -
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
January 26, 2001
Jerry Miller, Environmental Supervisor
SGL Carbon, LLCM''
P.O. Box 40
Morganton, North Carolina 28680
Subject: NPDES Permit Modification
Permit No. NC0005258
SGL Carbon, LLC
Burke County
Dear Mr. Miller:
The subject individual NPDES permit issued on January 12, 2001 has been modified as per
your request. Please find attached the modified sections of this permit, and replace the old
pages with the modified pages. This permit modification is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (and
as subsequently amended).
The following permit modifications are authorized by this letter:
• The name of the permittee was changed from SGL Carbon Corporation to SGL
Carbon, LLC.
• The pH effluent limitation was incorrectly included in Footnote 3 of the Effluent
Sheet. This footnote has been deleted in the modified Effluent Sheet.
If any parts, measurement frequencies or sampling requirements contained in this permit
modification are unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this letter. This request must be in
the form of a written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final
and binding.
Please take notice that this permit is not transferable. Part 11, EA. 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 Water Quality or permits required by the Division of Land
Resources, Coastal Area Management Act, or any other Federal or Local governmental permits
may be required.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)733-0719
An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET @ www.ennstatemc.us
NPDES Permit Issuance
Permit No. NC0005258
SGL Carbon, LLC
Page 2
If you have any questions or need additional information, please contact Mr. Tom Belnick,
telephone number (919) 733-5083, extension 543.
Sincerely,
Original Signed By
®avid A. Goodrich
Kert T. Stevens
cc: Mr. Roosevelt Childress, EPA
fah uille}2egioRN Office;,Watcr Quality,r^
Point Source Compliance Enforcement Unit
Central Files
NPDES Unit
Permit No. NC0005258
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
SGL Carbon, LLC
is hereby authorized to discharge wastewater from a facility located at
SGL Carbon
307 Jamestown Road
Morganton, North Carolina
Burke County
to receiving waters designated as Silver Creek in the Catawba River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III,
and IV hereof.
The permit shall become effective February 1, 2001.
This permit and the authorization to discharge shall expire at midnight on February 28, 2005.
Signed this day January 26, 2001.
Original Signed By
David A. Goodrich
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
C ^
Permit No. NC0005258
SUPPLEMENT TO PERMIT COVER SHEET
SGL Carbon, LLC
is hereby authorized to:
1. Continue to discharge untreated contact and non-contact cooling water
from a facility located at SGL Carbon, 307 Jamestown Road, Morganton,
Burke County, and;
2. Discharge via Outfall 001 into Silver Creek, a Class WSAV water in the
Catawba River Basin, at the location specified on the attached map.
Permit No. NC0005258
j A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge
contact and non-contact cooling water from Outfall 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
i
u , .... :
Flow(MGD) Daily Instantaneous E
Temperature2 Daily Grab E, U, D
Total Suspended Residue 30.0 mg/1 45.0 mg/1 2/Month Composite E
Oil and Grease 10.0 mg/1 15.0 mg/1 2/Month Grab E
Copper Monthly Composite E
PH Weekly Grab E
Chronic Toxicity3 Quarterly Composite E
Notes:
1. Sample locations: E-Effluent, I- Influent, U- Upstream 100-feet above outfall, D-Downstream 300-feet below
outfall.
2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving
stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 29°C.
'. 3. Chronic Toxicity(Ceriodaphnio) at 13%; March,June, September, December; refer to Special Condition A(2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
J MGD=million gallons per day
mg/l=milligrams per liter
J
State of North Carolina
Department of Environment
and Natural Resources
Division of Water QualityAlle
�
Michael F. Easley, Governor NCDENR
Sherri Evans-Stanton, Acting Secretary
Kerr T. Stevens, Director
January 12, 2001
Jerry Miller, Environmental Supervisor ,1f
SGL Carbon Corporation
P.O. Box 40 _ i VI 6➢i
Morganton, North Carolina 28680 9 er
LM
JANSubject: NPDES Permit Issuance
Permit No. NC0005258
SIE!ES S ,)u4lrf�cn e SGL Carbon Corporation
Burke County
Dear Mr. Miller:
Division staff have reviewed and approved your application for an NPDES discharge permit.
Accordingly, the Division is forwarding the subject 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 May 9, 1994 (or as subsequently amended).
The following items are included in this FINAL permit:
• The chronic toxicity testing language has been updated to reflect the new multiple
concentration follow-up testing requirements upon any single failure.
• The chronic toxicity test concentration has been increased from 10% to 13%, based on a
maximum monthly average discharge of 2.0 MGD reported for April 2000.
• The permit expiration date has been changed to 2/28/05.
• An effluent pH limit was incorrectly reinserted in the Draft permit, but has been removed
from this Final permit. The Division removed the pH limit in 1997, based on the fact that
City tap water was occasionally high in pH and beyond the control of the permittee, and
also because instream pH problems are unlikely given the available stream dilution. This
parameter will remain as "monitoring-only."
• Based on the submitted Priority Pollutant Analysis, no additional monitoring parameters
have been added to this Final permit. Although chloroform was detected in the effluent at
50 ug/l, the chloroform source is attributed to City tap water as a by-product of drinking
water chlorination. SGL has confirmed that chloroform is not used in their graphite
manufacturing process.
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-
6714. Unless such a demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division. Part
II, E.4. addresses the requirements to be followed in case of change in ownership or control of
this discharge. The Division may require modification or revocation and reissuance of the
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone(919)733-5083F1 FAX(919)733-0719
An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET www.enr.state.nc.us
V "
NPDES Permit Issuance
Permit No. NC0005258
SGL Carbon Corporation
Page 2
permit. This permit does not affect the legal requirements to obtain other permits which may
be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area
Management Act, or any other federal or local governmental permit.
If you have any questions concerning this permit, please contact Tom Belnick at telephone
number (919) 733-5083, ext. 543.
Sincerely,
Original Signed By
David A. Goodrich
Kerr T. Stevens
Enclosure: NPDES Permit No. NC0005258
cc: Mr. Roosevelt Childress, EPA
%shw11 Regional Office; WAter,Quality ,!
Point Source Compliance Enforcement Unit
Central Files
NPDES Unit
d
Permit No. NC0005258
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
SGL Carbon Corporation
is hereby authorized to discharge wastewater from a facility located at
SGL Carbon Corporation
307 Jamestown Road
Morganton, North Carolina
Burke County
to receiving waters designated as Silver Creek in the Catawba River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III,
and IV hereof.
The permit shall become effective February 1, 2001.
This permit and the authorization to discharge shall expire at midnight on February 28, 2005.
Signed this day January 12, 2001.
Original Signed By.
David A. Goodrich
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
1
C
Permit No. NC0005258
SUPPLEMENT TO PERMIT COVER SHEET
SGL Carbon Corporation
is hereby authorized to:
1. Continue to discharge untreated contact and non-contact cooling water
from a facility located at SGL Corporation, 307 Jamestown Road,
Morganton, Burke County, and;
2. Discharge via Outfall 001 into Silver Creek, a Class WS-IV water in the
Catawba River Basin, at the location specified on the attached map.
IMF .:1'�� ...
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E R M E A*D 0 W
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955 (l�� 1, 1000
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1b63 , Calvin `r
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SDU7HERN BM 054 '
ittl Si
' PF 1029
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Existing �
_ Discharge Point
-- y
L..
Latitude: 35043'41" w , SGL Carbon Corporation
Longitude: 810 43'45" 'v Burke County
USGS Quad#: E12NW •
River Basin#: 03-08-31 NC0005258
Receiving Stream: Silver Creek
Stream Class: WS-1v
i
Permit No. NC0005258
A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge
contact and non-contact cooling water from Outfall 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
EFFLUENT
CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location'
Flow (MGD) Daily Instantaneous E
Temperature% Daily Grab E, U, D
Total Suspended Residue 30.0 mg/1 45.0 mg/I 2/Month Composite E
Oil and Grease 10.0 mg/1 15.0 mg/1 2/Month Grab E
Copper Monthly Composite E
PH3 Weekly Grab E
Chronic Toxicity4 Quarterly Composite E
Notes:
1. Sample locations: E- Effluent, I- Influent, U- Upstream 100-feet above outfall, D- Downstream 300-feet below
outfall.
2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving
stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 29°C.
3. The pH shall of the effluent not be less than 6.0 standard units nor greater than 9.0 standard units.
4. Chronic Toxicity (Ceriodaphnia) at 13%; March, June, September. December; refer to Special Condition A(2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
MGD=.million gallons per day
mg/l= milligrams per liter
C
Permit No. NC0005258
SUPPLEMENT TO EFFLUENT LIMITATIONS
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS
A(2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 13%.
The permit holder shall perform at a minimum, auarterlu monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
.i (Revised-February 1998) or subsequent versions. The tests will be performed during the months of March,
June, September, and December. Effluent sampling for this testing shall be performed at the NPDES
permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two
following months as described in "North Carolina Phase ]I Chronic Whole Effluent Toxicity Test
Procedure" (Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase ]I Chronic Whole Effluent Toxicity Test Procedure" (Revised-
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter
code TGP3B for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3
(original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test
form indicating the facility name, permit number, pipe number, county, and the month/year of the report
with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the
Environmental Sciences Branch at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring
will be required during the following month. Should any test data from this monitoring requirement or
tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving
stream, this permit may be re-opened and modified to include alternate monitoring requirements or
limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later than
the last day of the month following the month of the initial monitoring.
PART
Section B. Schedule of Compliance .
L The permittee shall comply with Final Effluent Limitations specified for discharges in accordance
with the following schedule:
Perwdttee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee 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 I of 14
PART R
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION.) a n�ONO
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM or "the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
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/DayMeasurements
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 sampled and
measured,divided by the number of daily discharges sampled and/or measured during such
_j 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"Monthly Average" in Part I of the permit.
J
b. The "weekly average discharge" is defined as the total mass of all daily discharges saris led g p
and/or measured during the 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. 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 sampled
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 2 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 sampled 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
Iimitation is identified as "Monthly 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. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". 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 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.
e. The"daily average concentration"(for dissolved oxygen)is the minimum allowable amount of
dissolved oxygen required to be available in the effluent prior to discharge averaged over a
calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as "daily
average"in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through March,
April through June,July through September,and October through December.
Pan II
Page 3 of 14
7. 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.
c. A"continuous flow measurement'is a measure of discharge flow from the facility which occurs
continually without interruption throughout the operating hours of the facility. Flow shall be
monitored continually infrequent except for the times when there may be no flow or for
Y
infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall cons
ist of:
(1)a series of grab samples collected at equal time intervals over a 24 hour period of discharge
and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and the present gallon interval between sample collection fixed at
no greater than 1/24 of the expected total daily flow at the treatment system,or
(3)a single,continuous sample collected over a 24 hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour,and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals
Ili evenly spaced over the 24 hour period which are equal in number of hours to the detention time
of the system in number of days. However, in no case may the time interval between effluent
grab samples be greater than six(6)hours nor the number of samples less than four(4)during a
24 hour sampling period.
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. Grab samples must be
representative
sentative of the discharge or the receiving waters.
9. Calculation o f Means
Ca
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual
values divided b the number of individual values.
Y �
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
0).
c. Weighted b Flow Value: Weighted b flow g y value means the summation of each concentration
g Y
times its respective flow divided by the summation of the respective flows.
( Part II
Page 4 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.
SECTION B. GENERAL CONDITIONS
1. DUM 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 denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under section _
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the time provided in
the regulations that establish these standards or prohibitions or standards for sewage sludge
use or disposal,even if the permit has not yet been modified to incorporate the requiremQnt.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of
violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation,or imprisonment for not more than 3 years,or both. Also,any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33
US.C. 1319 and 40 CFR 122A1 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions,or requirements of a permit. [Ref: North Carolina General Statutes§143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class I violations are not to exceed $10,000 per violation, with
the maximum amount of any Class I penalty assessed not to exceed$25,000. Penalties for Class
II violations are not to exceed $10,000 per day for each day during which the violation
continues,with the maximum amount of any Class 11 penalty not to exceed $125,000.
Part 11
Page 5 of 14
2. Duty to MitiZate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4)and 'Tower Failures" (Part If
C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of
the Federal Act,33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be u s b ect to under -21 .7 NC S 14 G 3 5 5 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermo
re, the permittee is responsible for pe consequential damages, such as fish kills even
P 4 ,g
though the responsibility for effective compliance may be temporarily suspended.
5. P^ouerty 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.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable,and if any provision of this permit, or the application
of any prevision 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.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying,revoking and reissuing,or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit,the permittee must apply for and obtain a new permit.
Part II
<^ ' Page 7 of 14
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for.cause. The filing of a request
by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
13. Permit Modification.Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by
the laws, Hiles, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
123; Title I5A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive
authority to operate this facility arises under this permit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective..) The conditions,
requirements, terms, and provisions,of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 9OA44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) 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 by the Certification Commission The permittee
must.also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A,Chapter 8A .0202. The ORC of the facility must visit each Class I
facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.
. Pan II
Page 6 of 14
— 10. Expiration of"Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information,forts,and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. Any pem-dttee that has not requested renewal at least 180
days prior to expiration,or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration,will subject the permittee to enforcement
procedures as provided in NCGS 143-215.6 and 33 USC 1251 et.seq.
11. SSt_grtatory 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 polity 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.
I
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 well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.);and
(3)The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b.-of this section shall
make 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 belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false.
information,including the possibility of fines and imprisonment for knowing violations."
Part II
Page 8 of 14
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit.
4. Bypassing of Treatment Facilities
a. Definitions
(I) 'Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system,which is not a designed or established or operating
mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
'treatment facilities which causes them to become inoperable,or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which-does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs c.and d.of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass, including an
evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II,E.6.of this permit: (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against
a permittee for bypass,unless:
(A) Bypass was unavoidable to. prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
(0 The permittee submitted notices as required under Paragraph c.of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
(`\ Part II
Page 9 of 14
_ 5:. —
a. Definition.
"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.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with such
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. N et. o determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed,contemporaneous operating logs,or other relevant evidence that.
(1)An upset occurred and that the pernitee can identify the cause(s)of the upset;
(2)The permittee facility was at the time being properly operated;and
(3)The permittee submitted notice of the upset as required in Part II,E.6. (b)(B) of this permit.
(4) The permittee complied with any remedial measures required under Part ll, B. 2. of this
permit.
- d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
6. Removed Substances
Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall comply with all existing federal regulations
governing the disposal of sewage sludge.Upon promulgation of 40 CFR Part 503,any permit issued
by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and
modified,or revoked and reissued,to incorporate applicable requirements at 40 CFR Part 503. The
permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of
Sewage Sludge(when promulgated)within the time provided in the regulation,even if the permit
is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The pernttee is responsible for maintaining adequate safeguards as required by DEM Regulation,
Title ISA, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the
discharge of untreated or inadequately treated wastes during electrical power failures either by
!i means of alternate power sources,standby generators or retention of inadequately treated effluent.
�r Pan II
Page 11 of 14
reporting levels below permit discharge requirements, then the most sensitive (method with the
lowest possible detection and reporting level)approved method must be used.
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,be punished by a fine of not more than$10,000 per violation,or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph,punishment is a fine of not
more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittec's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 303), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation,copies of all reports required by this permit,
for a period of at least 3 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements,
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses,
e. The analytical techniques or methods used;and
f. The results of such analyses.
S. Inspection and Entry
The permittee shall allow the Director;or an authorized representative (including an authorized
contractor acting as a representative of the Director),upon the presentation of credentials and other
documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is 'located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act,any substances or parameters at any location.
(� Part Il
Page 10 of 14
SECTION D. MONITORING AND RECORDS
1. Representative Sampline
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 Pemtit Issuing Authority.
2. Reportine
Monitoring results obtained during the previous month(s)shall be summarized for each month and
reported on a monthly Discharge Monitoring Report (I)MR) 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 Water Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices
shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges. The devices shall be installed,calibrated and maintained to ensure that the
accuracy of the measurements 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,or in the case of sludge use or disposal,approved under 40
CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified
in this pemtit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and all
data generated must be reported down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable of achieving minimum detection and
�iPart II
Page 12 of 14
SECITON E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit.
The discharge of any pollutant identified in this permit more frequently than or at a level in excess
of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a'facility is a new source in 40 CFR Part 122.29 (b);or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a)
(I).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit,including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permttee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
_ 4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permittee and incorporate such other
.requirements as may be necessary under the Clean Water Act.
S. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part 11. D.2
of this permit)or forms provided by the Director for reporting results of monitoring of sludge use
or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal,
approved under 40 CFR 503,or as specified in this permit,the results of this monitoring shall be
included in the calculation and reporting of the data submitted in the DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
Part II
Page 13 of 14
6. Twenty-four Hour Reoorting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance,and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours under
this paragraph:
(1) An unanticipated bypass which exceeds an effluent limitation in the permit.
Y P YP Y
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under paragraph
b.above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II.E. 5 and 6.of
this permit at the time monitoring reports are submitted. The reports shall contain the information
listed in Part IL E.6. of this permit.
8. Other Information
Where the permfttee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director,it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible,but in no case more than 24 hours or on the next working
day following the occurrence or first knowledge of the occurrence of any of the following.
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance
through the facility;or any other unusual circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors,etc
C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Part II
Page 14 of 14
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 5 days following first knowledge of the occurrence.
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 Water Quality. 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 two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Requirements for Control of Pollutants Attribute to Industrial Users
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using
the municipal system may be present in the permitter's discharge. At such time as sufficient information becomes
available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any
or all of such other pollutants in accordance with best practicable technology or water quality standards.
2. Under no circumstances shall the permittee allow introduction of the following wastes in the waste treatment
system:
a. Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to,wastestreams with a
closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified
in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower
than 5.0,unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in
Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or
pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in
such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division,upon
request of the POTW,approves alternate temperature limits;
f. Petroleum oil,nonbiodegradable cutting oil,or products of mineral oil origin in amounts that will cause interference
or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may
cause acute worker health and safety problems;
h. Any trucked or hauled pollutants,except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR,Part 403) to ensure compliance by the
permittee with all applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all
of the industries discharging to the municipal system.
4. The permittee shall require any industrial discharges into the permitted system to meet Federal Pretreatment Standards
promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial
user, the permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A
NCAC 2H .0907(a)or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b).
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as
required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
B. Pretreatment Program Requirements
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part
403,North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit.
Part III Page 1 of 4
PART III
OTHER REQUIREMENTS
The permittee shall operate its approves pretreatment program m accordance with Section 402(b)(8) of the Clean Water Act,
the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the
legal authorities,policies,procedures, and financial provisions contained in its pretreatment program submission and Division
approved modifications there of. Such operation shall include but is not limited to the implementation of the following
conditions and requirements:
1. Sewer Use Ordinance(SUO)
The permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey(IWS)
The permittee shall update its Industrial Waste Survey (IWS) of all users of the sewer.collection system at least once
every five years.
3. Monitoring Plan
The permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be
used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local
limits.
4. Headworks Analysis (HWA) and Local Limits
The permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as
required by the Division. The permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 21-1 .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 2H .0909.
5. Industrial User Pretreatment Permits (IUP)&Allocation Tables
In accordance with NCGS 143-215.1, the permittee shall issue to all significant industrial users,permits for operation
of pretreatment equipment and discharge to the permittee's treatment works. These permits shall contain limitations,
sampling protocols, reporting requirements,appropriate standard and special conditions,and compliance schedules as
necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet
all applicable pretreatment standards and requirements. The permittee shall maintain a current Allocation Table (AT)
which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment
Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
6. Authorization to Construct(A to C)
The permittee shall ensure that an Authorization to Construct (A to C) is issued to all applicable industrial users for
the construction or modification of any pretreatment facility. Prior to the issuance of an Authorization to Construct
(A to C),the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit(IUP)limitations.
7. POTW Inspection&Monitoring of their SIDS
The permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved
pretreatment program in order to determine,independent of information supplied by industrial users,compliance with
applicable pretreatment standards. The permittee must:
7a. Inspect all Significant Industrial Users(SIUs) at least once per calendar year;and
7b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited
pollutants,once during the period from January 1 through June 30 and once during the period from July 1
through December 31,except for organic compounds which shall be sampled once per calendar year;
Part III Page 2 of 4
PART III
OTHER REQUIREMENTS
8. SIU Self Monitoring and Reporting
The permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements
outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H
.0908.
9. Enforcement Response Plan(ERP)
The permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated
pursuant to section 307(b) and (c) of the Clean Water Act(40 CFR 405 et.seq.),prohibitive discharge standards as set
forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be
consistent with the Enforcement Response Plan(ERP)approved by the Division.
10. Pretreatment Annual Reports(PAR)
The permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with
Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment
implementation issues.
For all other active pretreatment programs, the permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous twelve months to the Division at the following address:
NC DENR/DWQ/Pretreatment Unit
1617 Mail Service Center
RALEIGH,NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the following:
a.) Narrative
A brief discussion of reasons for, status of,and actions taken for all Significant Industrial Users(SIUs)
in Significant Non-Compliance(SNC);
b.) Pretreatment Program Summary(PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non-Compliance Report(SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific
forms approved by the Division;
d.) Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User(SIU).
These analytical results must be reported on Industrial Data Summary Forms (IDSF)or other specific
format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public
notice of SIUs in SNC,and any other information,upon request,which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-
Compliance (SNC) as defined in the permittee's Division approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four months
of the applicable twelve-month period.
12. Record Keeping
The permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records,water quality records,and records of industrial impact on the POTW.
Part III Page 3 of 4
PART III
OTHER REQUIREMEN`IS
13. Funding a�`tnancial�eport
The permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved.
pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H.0907.
C. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type
of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the
Division of Water Quality and written approval and Authorization to Construct has been issued.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater
monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater
standards.
E. Publicly Owned Treatment Works
All POTWs must provide adequate notice to the Director of the following:
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301
or 306 of CWA if it were directly discharging those pollutants;and
2. Any substantial change in the volume or character of pollutants being introduced into that POTW by a source
a� introducing pollutants into the POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be
discharged from the POTW.
F. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
i
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and
conditions of the NPDES permit or governing rules,regulations or laws,the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the
Division.
Part III Page 4 of 4
A. The pemuttee must pay the annual administering and compliance monitoring fee .
within 30.(thirty)days after being-billed-by the Division...Failure.to pay the fee in
a timely-manner-in accordance �r 15A NCAC 2H..QIQ5(i).(4) may raise this
Dion: ftftat+e action �rolcett -Permit
State of North Carolina
Department of Environment
and Natural Resources — —
Division of Water Quality
Michael F. Easley, Governor NCDENR
William Ross, Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AN)D1 N_', RAL RE30UROE5
ILIA
August 17, 2001 1/
Mr.A. J. Miller r a 2 v; OQI €
SGL Carbon Corporation �' /, >�
P.O. Box 40 a ,
Morganton,NC 28655
Subject: Permit No. NCS000009 rr
SGL Carbon Corporation
Burke County
Dear Mr. Miller:
In response to your renewal application for continued coverage under NPDES stonnwater
permit NCS000009, the Division of Water Quality (Division) is 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.
Please note that the Division has revised the analytical monitoring strategy for individual
stormwater permits. Based on a review of the permit monitoring data received to date, the
analytical monitoring measurement frequencies have been changed and cut-off concentrations
have been removed. These changes will be implemented for all second term individual
stormwater permits with analytical monitoring requirements. For those permits with analytical
monitoring requirements,Part II-Monitoring, Controls, and Limitations for Permitted
Discharges has been modified to reflect the change in monitoring strategy.
The qualitative monitoring strategy remains the same as the first term of the permit.
Please note that the semi-annual qualitative monitoring is a requirement of the permit. Failure to
complete the monitoring as required is a violation of the permit and any permit noncompliance
constitutes a violation of the Clean Water Act. Reference Part III, Section A,Item 2 "Duty to
Comply", Item 9 'Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports"
of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you,you have the right to an adjudicatory hearing upon written request
within thirty(30) days following receipt of this letter.This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings,Post Office Drawer 27447,Raleigh,North Carolina
27611 -7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III,B.2. addresses the requirements
to be followed in case of change in ownership or control of this discharge.
1617 Mail Service Center,Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
Page 2
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality 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 Bill Mills at telephone
number 919/733-5083 ext. 548.
04
Sincerely,
for Gregory J. Thorpe,Ph.D.
cc: Mr.Roger O. Pfaff, EPA
Asheville Regional Office
Stormwater and General Permits Unit
Central Files
J
-1
SWU262-011001
NCS000009
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER 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,
SGL Carbon Corporation
is hereby authorized to discharge stormwater from a facility located at
Jamestown Road
Morganton
Burke County
to receiving waters designated as Silver Creek, a class C stream, in the Catawba River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts I,II,III, IV, V and VI hereof.
This permit shall become effective September 1, 2001.
This permit and the authorization to discharge shall expire at midnight on August 31, 2006.
Signed this day August 17, 2001.
for Gregory J. Thorpe,Ph.D., Acting Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No.NCS000009
TABLE OF CONTENTS
PART INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
I,
Section C: Location Map
PART II MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On-Site Vehicle Maintenance Monitoring Requirements
li PART III STANDARD CONDITIONS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
j 9. Penalties for Tampering
i
10. Penalties for Falsification of Reports
Section B: General Conditions
1. Individual Permit Expiration
2. Transfers
i
Permit No.NCS000009
3. Signatory Requirements
4. Individual Permit Modification,Revocation and Reissuance,or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative Outfall
6. Records Retention
7. Inspection and Entry
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Bypass
8. Twenty-four Hour Reporting
9. Other Noncompliance
10. Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No.NCS000009
PART INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
1 During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled,limited and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has
been adequately treated and managed in accordance with the terms and conditions of this
individual permit. All discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order,judgment, or decree.
_1
i
II
i
III Part I Page 1 of 2
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Permit No.NCS000009
PART II MONITORING, CONTROLS,AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
e Stormwater Pollution Prevention Plan herein after referred to as
The permittee shall develop a ,
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E,Paragraph 3 of this individual permit. The Plan shall include, at a
minimum,the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s)to which the
stormwater outfall(s)discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
(b) A narrative description of storage practices,loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
II, (c) A site map drawn to scale with the distance legend indicating location of
industrial activities (including storage of materials, disposal areas, process areas
and loading and unloading areas), drainage structures, drainage areas for each
outfall and activities occurring in the drainage area, building locations,existing
BMPs and impervious surfaces, and the percentage of each drainage area that is
impervious.For each outfall, a narrative description of the potential pollutants
which could be expected to be present in the stormwater discharge.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
I
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B,Paragraph 3.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
Part II Page I of 6
Pemut No.NCS000009
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical,the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Schedule. A schedule to provide secondary containment
for bulk storage of liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals, or storage of hazardous substances to prevent leaks and spills from
contaminating stormwater runoff. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be
secured with a locking mechanism] and any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as,but not limited to, oil and grease
separation, debris control, vegetative filter strips, infiltration and stormwater
detention or retention, where necessary. The need for structural BMPs shall be
based on the assessment of potential of sources to contribute significant quantities
of pollutants to stormwater discharges and data collected through monitoring of
stormwater discharges.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility.Facility personnel (or team) responsible for implementing the
SPRP shall be identified. A responsible person shall be on-site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, a SPCC plan may be a component of the SPRP,but may
not be sufficient to completely address the stormwater aspects of the SPRP. The common
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems,plant equipment
Part II Page 2 of 6
Permit No.NCS000009
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
5. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team)responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s)responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
it requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B,Paragraph 3)to the Director that the changes
have been made.
S. Facility Inspection Program. Facilities are required to inspect all stormwater systems on
at least a semiannual schedule, once in the fall (September-November) and once in the
spring (April-June). The inspection and any subsequent maintenance activities
performed shall be documented,recording date and time of inspection,individual(s)
making the inspection and a narrative description of the facility's stormwater control
systems,plant equipment and systems. Records of these inspections shall be
incorporated into the Stormwater Pollution Prevention Plan.
Stormwater discharge characteristic monitoring as required in Part II of this permit shall
be performed in addition to facility inspections.
9. Implementation. The permittee shall document all monitoring,measurements,
inspections and maintenance activities and training provided to employees, including the
log of the sampling data and of activities taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall
be kept on-site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
Part II Page 3 of 6
Permit No.NCS000009
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
pennittee is authorized to discharge stormwater subject to the provisions of this permit.
Analytical monitoring of stormwater discharges shall be performed as specified below in Table
i.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 4 analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO). The permittee shall complete the
minimum 4 analytical samplings in accordance with the schedule specified below in Table 2.
Table 1. Analytical Monitoring Requirements
Total Suspended Solids m Quarterly-4"year Grab SDO
Chemical Oxygen Demand m Quarterly-r year Grab SDO
Total Rainfa114 inches Quarterly-4'"year _
Event Duration4 minutes Quarterly-a year
Total Flow4 MG Quarterly-4'h year _ SDO
Footnotes:
I Measurement Frequency: Once per quarter during the a year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit.See Table 2 for schedule of monitoring
periods.
2 If the stormwater runoff is controlled by a stormwater detention pond,a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm,then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall(SDO)unless representative
outfall status has been granted.
4 For each sampled representative storm event the total precipitation,storm duration,and total flow must be
monitored. Total flow shall be either;(a)measured continuously,(b)calculated based on the amount of area
draining to the outfall,the amount of built-upon(impervious)area,and the total amount of rainfall,or(c)
estimated by the measurement of flow at 20 minute intervals during the rainfall event.
Table 2 Monit ing schedule
Year 4 - l'quarter 1 September 1, 2004 November 30, 2004
Year 4 -2°a quarter 2 December 1,2004 February 28, 2005
Year 4 - T°quarter 3 March 1, 2005 May 31, 2005
Year 4 -4'h quarter 4 June 1, 2005 August 31, 2005
Part II Page 4 of 6
Permit No.NCS000009
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 3. Qualitative
monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan(SPPP) and assessing new sources of stormwater pollution. No analytical tests
are required. Qualitative monitoring of stormwater outfalls does not need to be performed during
a representative storm event.
In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the Stormwater Pollution Prevention
Plan.
All qualitative monitoring will be performed twice per year, once in the spring (April - June) and
once in the fall (September-November).
Table 3. Qualitative Monitoring Requirements
Color Semi-Annual SDO
Odor Semi-Annual SDO
Clarit Semi-Annual SDO
Floating Solids Semi-Annual SDO
Suspended Solids Semi-Annual SDO
Foam Semi-Annual SDO
Oil Sheen Semi-Annual SDO
Other obvious indicators Semi-Annual SDO
of stormwater pollution
Footnotes:
I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall(SDO)
regardless of representative outfall status.
I
SECTION D: ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on-site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
Part II Page 5 of 6
Permit No.NCS000009
analytical monitoring as specified below in Table 4. This monitoring shall be performed at all
outfalls which discharge stormwater runoff from vehicle maintenance areas.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 4 analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO)which discharges stormwater runoff from
vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in
accordance with the schedule specified in Table 2 (Part H,Section B).
Table 4. Analytical Monitoring Requirements for On-Site Vehicle Maintenance
H standard Quarterly-4''year Grab SDO
Oil and Grease mg/1 Quarterly-e year Grab SDO
Total suspended Solids mg/1 Quarterly-4"year Grab SDO
New Motor Oil Usagegallons/month Quarterly 4'year Estimate. -
Total FIow4 MG Quarterly-4'"year Grab SDO
Footnotes:
1 Measurement Frequency: Once per quarter during the 0 year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
2 If the stormwater runoff is controlled by a stormwater detention pond,a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm,then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO)that discharges
stormwater runoff from area(s)where vehicle maintenance activities occur.
4 Total flow shall be;(a)measured continuously,(b)calculated based on the amount of area draining to the outfall,
the amount of built-upon(impervious)area,and the total amount of rainfall,or(c)estimated by the measurement
of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event
measured shall result from the sampled representative storm event.
Part II Page 6 of 6
Permit No.NCS000009
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities:The Stormwater Pollution Prevention Plan shall be developed and implemented within
12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment,as specified in Part II,Section A,Paragraph 2(b)of this permit,shall be accomplished within
12 months of the effective date of the initial permit issuance.
Proposed Facilities:The Stormwater Pollution Prevention Plan shall be developed and implemented prior to
the beginning of discharges from the operation of the industrial activity and be updated thereafter on an
annual basis. Secondary containment,as specified in Part II,Section A,Paragraph 2(b)of this permit shall
be accomplished prior to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this individual 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 denial of a permit upon renewal application.
a. The permittee shall comply with 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 these
standards or prohibitions,even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed$27,500 per day for each violation.Any person who negligently violates any
permit condition is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
imprisonment for not more than 1 year,or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of$5,000 to$50,000 per day of violation,or
imprisonment for not more than 3 years,or both. Also,any person who violates a permit condition
may be assessed an administrative penalty not to exceed$11,000 per violation with the maximum
amount not to exceed$137,500. [Ref:Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
C. Under state law,a daily civil penalty of not more than ten thousand dollars($25,000)per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions,or requirements of a permit. [Ref:North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302,306,307,308,318,or 405 of the Act,or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed$11,000 per violation,with the maximum amount of any Class I
penalty assessed not to exceed$27,500. Penalties for Class II violations are not to exceed$11,000
per day for each day during which the violation continues,with the maximum amount of any Class
II penalty not to exceed$137,500.
Part III Page I of 8 Pages
Permit No.NCS000009
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part III,Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6E, 143-
215.6C 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.
5. Oil and Hazardous Substance Liability
Nothing in this individual 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.
6. Property Rights
The issuance of this individual 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.
7. Severability
The provisions of this individual permit are severable,and if any provision of this individual permit,or the
application of any provision of this individual permit to any circumstances,is held invalid,the application
of such provision to other circumstances,and the remainder of this individual permit,shall not be affected
thereby.
8. Duty to Provide Information'
The permittee shall furnish to the Director,within a reasonable time,any information which the Director
may request to determine whether cause exists for modifying,revoking and reissuing,or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request,copies of records required to be kept by this
individual permit.
9. Penalties for TaMering
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 individual permit shall,upon
conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more
than two years per violation,or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph,punishment is a fine of not more that$20,000 per day of
violation,or by imprisonment of not more than 4 years,or both.
10. Penalties for Falsification of Renorts
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 individual
Part III Page 2 of 8 Pages
Permit No.NCS000009
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 two years
per violation,or by both.
SECTION B: GENERAL CONDITIONS
1. Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date,the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration,or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will be
subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et.seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Signatory Reouirements
All applications,reports,or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
y
(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
II' (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 individual permit and other information requested by the Director 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 well field,superintendent,a position of equivalent
responsibility,or an individual or position having overall responsibility for environmental
Part III Page 3 of 8 Pages
Permit No.NCS000009
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 Director.
C. Any person signing a document under paragraphs a.or b.of this section shall make 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 belief,true,accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification.Revocation and Reissuance,or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit,revoking and reissuing the individual permit,or terminating the individual permit as
allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122
and 123;Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina
General Statute 143-215.1 et.al.
5. Permit Actions
The permit may be modified,revoked and reissued,or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances)which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures.This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual 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 individual permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;and
b. There were no feasible alternatives to the bypass,such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
Part III Page 4 of 8 Pages
Permit No.NCS000009
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance;and
C. The permittee submitted notices as required under,Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above,the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sampline
Samples collected and measurements taken,as required herein,shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream,body of water,or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement,sample,inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit,the permittee shall record the following information:
a. The date,exact place,and time of sampling,measurements,inspection or maintenance activity;
Jb. The individual(s)who performed the sampling,measurements,inspection or maintenance activity;
C. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
i
f. The results of such analyses.
3. Flow Measurements
Where required,appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
i
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.
To meet the intent of the monitoring required by this individual permit,all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
Part III Page 5 of 8 Pages
Permit No.NCS000009
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled,the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status,then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on-site. The
permittee shall retain records of all monitoring information,including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation,and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement,report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director,or an authorized representative(including an authorized contractor
acting as a representative of the Director),or in the case of a facility which discharges through a municipal
separate storm sewer system,an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge,upon the presentation of credentials and other documents as may be
required by law,to;
a.. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),
practices,or operations regulated or required under this individual permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act,any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Part III Page 6 of 8 Pages
Permit No.NCS000009
3. 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 Water Quality. As required by the Act,analytical 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 143-215.6E or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge,the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of an planned changes at the permitted
P P� P Y P g
facilitywhich could significantly alter the nature or quantity of pollutants discharged. This notification
g Y q Y P g
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42(a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. Bypass
j a. Anticipated bypass. If the permittee knows in advance of the need for a bypass,it shall submit
prior notice,if possible at least ten days before the date of the bypass;including an evaluation of
the anticipated quality and affect of the bypass.
a
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Hour Re op rtine
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance,and its causes;the period of
noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the
anticipated time compliance is expected to continue;and steps taken or planned to reduce,eliminate,and
prevent reoccurrence of the noncompliance.
I
The Director may waive the written report on a case-by-case basis if the oral report has been received
within 24 hours.
9. Other Noncom In iance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
Part III Page 7 of 8 Pages
Permit No.NCS000009
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director,it shall promptly submit such facts or information.
Part III Page 8 of 8 Pages
Permit No. NCS000286
---- PA1ffTV LIMITATIONS REOPENER
This individual 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)of the Clean Water Act,if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit;or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30(thirty)days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H.0105(b)(4)may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
1. Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater,foundation drains,air-conditioner condensate without added
chemicals,springs,discharges of uncontaminated potable water,waterline and fire hydrant
flushings,water from footing drains,flows from riparian habitats and wetlands.
i
(c) Discharges resulting from fire-fighting or fire-fighting training.
4. Best Management Practices(BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process,activity,or physical structure.
Parts IV,V and VI Page I of 5
�~ Permit No.NCS000009
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system,which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials,manufactured products,waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
7. Clean Water Act
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33
USC1251,et.seq.
8. Division orDWO
The Division of Water Quality,Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality,the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility,a surface impoundment,an injection well,a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15, Overburden
Any material of any nature,consolidated or unconsolidated,that overlies a mineral deposit,excluding
topsoil or similar naturally-occurring surface materials that are not disturbed by mining operations.
Part VI Page 2 of 5 Pages
Permit No.NCS000009
16. Permittee
The owner or operator issued a permit pursuant to this individual permit.
17. Point Source Discharge of Stormwater
Any discernible,confined and discrete conveyance including,but not specifically limited to,any pipe,ditch,
channel,tunnel,conduit,well,or discrete fissure from which stormwater is or may be discharged to waters
of the state.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation: For example,if it rains for 2 hours without producing any collectable discharge,and then
stops,a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
19. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls,the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
20. Rinse Water Discharge
i
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year,24-hour storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
1 a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right-
to-Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting
requirements;and
C. That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II(organic priority
pollutants),Table III(certain metals,
,c anides and phenols)or Table IV(certain toxic
y
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)of the CWA at 40
CFR 116.4;or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
Part VI Page 3 of 5 Pages
�\ Permit No.NCS000009
�j
23. Severe Property Damage
Means substantial physical damage to property,damage to the control facilities which causes them to
become inoperable,or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
24. Significant Materials
Includes,but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic
pellets;finished materials such as metallic products;raw materials used in food processing or production
hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to
report pursuant to section 313 of Title III of SARA;fertilizers;pesticides;and waste products such as ashes,
slag and sludge that have the potential to be released with stormwater discharges.
25. Significant S ills
Includes,but is not limited to:releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act(Ref:40 CFR 110.10 and CFR 117.21)or section 102 of
CERCLA(Ref:40 CFR 302.4).
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
27. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing,processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in"industrial activities"include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
28. Stormwater Pollution Prevention Plan
A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site.
29. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
30. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either,(a)measured continuously,(b)calculated based on the amount of area draining to the outfall,the
amount of built-upon(impervious)area,and the total amount of rainfall,or(c)estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act.
Part VI Page 4 of 5 Pages
Permit No.NCS000009
32. Unset
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 or control facilities inadequate treatment or control facilities g q lack of preventive
maintenance r car
eless reless or improper operation.
33. Vehicle Maintenance Activity
Vehicle rehabilitation,mechanical repairs,painting,fueling,lubrication,vehicle cleaning operations,or
airport deicing operations.
34. Visible Sedimentation
Solid particulate matter,both mineral and organic,that has been or is being transported by water,air,
gravity,or ice from its site of origin which can be seen with the unaided eye.
35. 25-year,24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded,on the average,once in 25
years.
{
1
i
1
II
Part VI Page 5 of 5 Pages
Division of Water Quality
January 22,2001 -
MEMORANDUM JAN 2 2001
To: Forrest Westall _,;_-r
41 u`tt 4! 'l)
Thru: Jimmie OvertOLY
From: Matt Matthews
Subject: Sigri Great Lakes Carbon Corp.
Proposed Enforcement File No. LT 00-012
NPDES Permit No. NC0005258
Burke County
This letter is in response to your memo dated January 11, 2001 supporting issuance of a Notice of
Violation for a toxicity data non-reporting incident versus issuance of the proposed enforcement action.
The reporting violation occurred during September 2000.
Our records indicate that SGL Carbon has been conducting toxicity testing since June 1991.
Toxicity testing was not conducted or test results were received late during the following months: June
1992,December 1993, March 1995, June 1996,December 1999,June 2000 and September 2000.
The facility was issued a$500.00 civil penalty assessment(LT 00-007) on November 27, 2000
for the December 1999 and June 2000 late/non-reporting events. Prior to issuance of LT 00-007, our
office contacted a facility representative,Mr. Jerry Miller,to determine why we had not received the
required toxicity self monitoring reports. Justification provided by Mr.Miller was insufficient to prevent
the enforcement action from being issued and Mr. Miller was informed that he should conduct toxicity
testing during the months of March,June, September and December.
Your memo suggests that a NOV contain an explanation of toxicity testing during required testing
months, give the facility an opportunity to request a testing month change and reiterate the need to follow
the requirements of the NPDES Permit. Please note that our March 17, 2000 Notice of Deficiency issued
to SGL includes not only a contact name and telephone number but also stresses the need to test during
specified testing months and the need to follow the requirements of the NPDES Permit. We disagree
with your position that a NOV should be issued because additional testing was conducted outside of the
permit specified testing months and that the test results achieved compliance with the permit limit. The
issue is conducting toxicity testing during months specified by the NPDES Permit; not compliance with
the chronic toxicity permit limit.
The facility submitted a response to DWQ dated April 4, 2000(attached)indicating reasons why
toxicity testing was not conducted. In our opinion none of the reasons provided by the company support
their position for the "missed sampling"events.
The Asheville Regional Office was notified on November 29, 2000 of our Unit's intent to
proceed with LT 00-012.
("
DWQ's response to repeated NPDES reporting violations has been escalation of civil penalties. _
Based on our understanding of DWQ's enforcement policy, issuance of a NOV would represent a
weakening of enforcement activity. The facility has been instructed to test during the months specified by
the NPDES Permit. If testing cannot be conducted during any of the permit specified toxicity testing
months, then the facility should immediately notify the Division and follow-up any response with written
documentation indicating why testing cannot be performed. The April 4 letter states that changes by the
facility, ".:.should prevent us from missing another sampling sequence." Obviously,the proposed
changes did not correct this situation. The Division's position has been and should remain that the
permittee is responsible for conducting toxicity testing during the permit specified toxicity testing
months. Deviating from this position undermines the consistency and credibility of DWQ's enforcement
program.
We do not support issuance of a Notice of Violation and consider the proposed enforcement
action to be an appropriate response to this third late/non-reporting event. We request that this
information be brought before the Director for his decision to issue or table the proposed action.
Please contact me at(919) 733-2136 if you have any questions.
cc: Coleen Sullins
Bill Reid
Shannon Langley
Kevin Bowden
i
O WA
ATF� A Michael F.Easley
Governor
William G.Ross,Jr.,Secretary
t_ NCDENR- North Carolina Department of Environment and Natural Resources
"i Alan W.Klimek,P.E.,Director
Division of Water Quality
August 31, 2005
Mr. Charlie Corner, Plant Manager
SGL Carbon LLC
307 Jamestown Road
Morganton, North Carolina 28655 Subject: Draft NPDES Permit
Permit No. NC0005258
SGL Carbon LLC
Burke County
Dear Mr. Conner:
The Division of Water Quality (DWQ) has drafted a NPDES permit for the above
referenced facility. The permit authorizes SGL Carbon LLC to discharge contact and
noncontact cooling water to Silver Creek, a class WS-IV water in the Catawba River Basin. The
draft permit includes discharge requirements and/or limitations for flow, total suspended
solids (TSS), oil and grease, copper, and pH.
The following modifications have been made to the permit.
• DWQ is recommending that EPA evaluate of the status of SGL Carbon as a
major industrial facility.
• The addition of annual monitoring for silver, lead, selenium, and zinc based on
presence in the effluent.
At this time, the Division is submitting a notice to the newspapers of general circulation
_ in Burke County, inviting comments from you or your representative, the public and other
agencies on
the
ed y omment period, we will review all permit. The notice should be rtinent comment receivedhed on or about eand take
Following Y
appropriate action on the permit issuance.
Please provide written
coontact me t 9 draft
permit
r it no la83, ter
than October 7, 2005.
If you have any questions, please
S' cerely,
Jac yn 1V)I IN �
NPD Western Pr gram
id SEP — 1
Attachments
cc: Asheville Regional Office / Surface Water Protection
Aquatic Toxicology Unit
EPA/Region IV/Attu. Marshall Hyatt
DEH/Asheville Regional Office
James W Willard II/INENCO, Inc. 132 W. Statesville Ave. Mooresville NC 28115
Permit File
N.C.Division of Water Quality/NPDES Unit Phone:(919)733.5083
1617 Mail Service Center,Raleigh,NO 27699-1617 fax:(919)733-0719
Internet:h2o.enr.state.nc.us DENR Customer Service Center:1800 623-7748
Permit No. NC0005258
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
SGL Carbon, LLC
is hereby authorized to:
1. Continue to discharge untreated contact and non-contact cooling water from a
facility located at SGL Carbon, 307 Jamestown Road, Morganton, Burke County,
and;
2. Discharge via Outfall 001 into Silver Creek, a Class WS-IV water in the Catawba
River Basin, at the location specified on the attached map.
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Latitude: 35043'41" SGL Carbon Corporation
Longitude: 810 43'45' N Burke County
USGSQuad#: E12NW • NC0005258
River Basin#: 03-08-31
Receiving Stream: Silver Creek
Stream Class: WS-IV
Permit No. NC0005258
A(I). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge
contact and non-contact cooling water from Outfall 001. Such discharges shall be limited and monitored by
the Permittee as specified below:
"r '�iY' 5 4 &5 4�... s �''.fiu'' 'l`+ � 1 ,''_ ", IYI�T FAIR
4 ra-u`e" ... i n Li F 5. .5 "ki O'z b{' .
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ci �'W �V.'S..n " t-j Y" `� < g
nx nm.5"` '*'..z".,mssn S °..sp •,.F wxn.� x 5 x
Flow(MGD) Daily Instantaneous E
Temperature2 Daily Grab E, U, D
Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Composite E
Oil and Grease 10.0 mg/l 15.0 mg/l 2/Month Grab E
Total Copper Monthly Composite E
Total Lead Annual Composite E
Total Selenium Annual Composite E
Total Silver Annual Composite E
Total Zinc Annual Composite E
pH Weekly Grab E
Chronic Toxicfty3 Quarterly Composite E
Notes:
1. Sample locations:E-Effluent, I- Influent, U-Upstream 100-feet above outfall, D-Downstream 300-feet below
outfall.
2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving
stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 29°C,
3. Chronic Toxicity(Ceriodaphnica at 13%; March,June, September, December;refer to Special Condition A(2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
MGD=million gallons per day
mg/l=milligrams per liter
Permit o. NC0005258
---- ----SUPPLEMENT-TO-EFFLUENT-L-IMITATIONS--
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS
A(2). CHRONIC TOXICITY PERMIT LIMIT(QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 13%.
The permit holder shall perform at a minimum, auarterlu monitoring using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent
versions. The tests will be performed during the months of March, June, September, and December. Effluent
sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit
limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as
described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are spec
ified in the "North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
-' 1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the
permittee will complete the information located at the top of the aquatic toxicity(AT) test form indicating the facility
name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow"in the
comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address
cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month. Should any test data from this monitoring requirement or tests performed by
the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be
re-opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
DENR/DWQ
FACT SHEET FOR NPDES PERMIT DEVELOPMENT
NPDES No. NC0005258
Facil t InforihatiOh
ApplicantlFacility Name: SGL Carbon, LLC
Applicant Address'. 307 Jamestown Road
Facility Address: Mor anton NC 28655
Permitted Flaw NA
Type of Waste: Non-contact and contact cooling water
Fab ility/Qermit Status, ` Existing/Renewal
Facility Classification I
Caunty: Burke
Miscellaneous
Receiving Stream: Silver Creek Regldual;Office: Asheville
Stream Classification: WS-IV USGS Topo,Quad: E13NW/Morganton
South.
3431d) Lis#ed?: No Fermit Writer: Jackie Nowell
Subliasin: 03-08-30 Date: August 6, 2005
Drauiage Area(mi21:. 49.9
Suxrimer 7010 (cfs) 20.9
30Q2 (cfs): 34.2
Average Flow(cfs): 74.8
10
Prinazy SIC Code:,. 3624
SUMMARY OF FACILITY INFORMATION AND WASrELOAD ALLOCATION
SGL Carbon is requesting renewal of its existing NPDES permit. Permittee also has a
stormwater permit (NCS000009) and notes that facility stormwater drains also
discharge to outfall 001. This may account for TSS, O&G and copper residuals in the
effluent.
The facility is a manufacturer of synthetic graphite products. Raw materials
consumed include coke, coal tar pitch, and petroleum pitch. The main products are
mainly electrodes for use in the steel industry. They produce 3.3 million pounds of
graphite product per month.
The types of wastewater are 0.6 mgd of noncontact cooling water and 0.3 mgd of
contact cooling water. Cooling towers are used. Application notes that most of the
discharge is from non-contact cooling water. There is some contact cooling water
discharge from baking furnaces that utilize water seals to prevent combustion gas
emissions, there are not significant chemical additions to the discharge from this
process.
MAJOR/MINOR FACILITY RATING
SGL Carbon LLC has been previously rated as a major industrial facility. The facility
has no treatment processes and discharges primarily non-contact and contact cooling
water. Company manufactures synthetic graphite products.
SGL Carbon LLC's renewal application lists SIC Code 3624. The 1987 SIC Code has
the title of Carbon and Graphite Products. There is no CFR Part or Subpart listed in
Appendix A SIC Code Cross Reference Guide and Total and Human Health Toxicity
Number. I had contacted Samantha Lewis of EPA, and asked whether an industry
with an SIC Code of 3624 would be included in the Electrical and Electronic
SGL Carbon LLC Fact.Sheet
NPDES Permit Issuance
Pape I
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Components Category. Her email response was that Carbon and Graphite Products
subcategory was excluded from the Electrical and Electronic Components category
because "pollutants would be in trace amounts and in quantities too small to be
effectively reduced by treatment."
After review of the application, decided to reevaluate the rating to see if it's properly
categorized as a major industrial discharger. Used the NPDES permit rating sheet
and based on the calculated total score of 75, it was my recommendation that SGL
Carbon should not be categorized as a major facility.
Factor 1 Toxic Pollutant Potential Total Points: 40
Basis: Appendix A Carbon and Graphite Products have a Total Toxicity Number of 8
and Toxicity Group 8 rates total points: 40.
Factor 2 Flow/Stream Flow Volume Total points: 10
Basis: Used Section A, based on the quantity and type of wastewater flow discharged
from the facility. SGL discharges both noncontact cooling water and process
wastewater (contact cooling water). The process wastewater is greater than 10% of
the total discharge. The application indicates that contact cooling water is about 33%
of the total discharge. Based on this information, it was determined that SGL Carbon
would be Type II wastewater flow, and the flow was < 1 MGD. The application
indicates average flow of 0.9 MGD. Total points: 10
Factor 3: Conventional Pollutants Total Points: 5
Basis: there are no oxygen demanding or nitrogen pollutants limited in the discharge.
There is a monthly average limit for Total Suspended Solids and the limit when
converted to lbs/day is between 100 to 1000 lbs/day. The TSS limit is 30 mg/1. The
Highest monthly average flow is 0.79 MGD. This converts to 197.66 lbs/day. Total
points: 5
Factor 4: Public Health Impact Total Points: 20
Basis: The receiving stream, Silver Creek, is classified as WS-IV (water supply). It is
located in a protected area for the watershed. The human health toxicity group for
Carbon and Graphite products is group 8, which rates 20 points.
Factor 5: Water Quality Factors Total Points: 0
Basis: None of the effluent discharge limits are based on water quality factors of the
receiving stream and there is no wasteload allocation assigned to the discharge. The
receiving stream is in compliance with water quality standards. Silver Creek is not
listed on the 303d list for impaired streams. The facility does not exhibit the
reasonable potential to violate water quality standards due to whole effluent toxicity.
SGL Carbon has passed all toxicity tests since March 2001.
Factor 6 Proximity to near Coastal Waters Total Points: 0
Basis: The facility is located in Burke County, NC in the western part of the State and
is not near coastal waters.
Total points from Factors 1-6: 75 points
Since the total points are not greater than or equal to 80, the facility is not a major.
This is a modification from the facility's previous rating as a major industry.
(See attached worksheet).
SGL Carbon LLC Fact:Sheet
NPY»S PerrniL Issuance
I age
i
I
RECEIVING STREAM:
Silver Creek, is a class WS-IV water in subbasin 030831. It is not listed on North
Carolina's 2002 303(d) list and has a use support rating of"supporting" based on
monitored data.
Existing Effluent Limits (issued 1/26/2001)
Qw = not limited
TSS = 30 mg/1
Oil and Grease =10 mg/1
Daily monitoring for temperature.
Monthly monitoring for copper.
Weekly monitoring for pH
Quarterly chronic toxicity limit of 13% in March, June, September and December.
A max. flow of 2 MGD was used to calculate the IWC.
TOXICITY TESTING:
Chronic Toxicity at 13%: March, June, September and December.
SGL has passed all quarterly toxicity tests since March 2001.
IWC calculated based using highest monthly flow of 2.0 MGD in 2003
Recommend renewal of chronic toxicity test at 13%.
COMPLIANCE SUMMARY:
Facility has no permit violations or exceedances since the last renewal.
REASONABLE POTENTIAL ANALYSIS
The following metal parameter,is monitored in the NPDES permit: Copper.
Data for the copper was reported in the discharge monitoring reports (DMR) and a
RPA was done:
Reasonable potential analysis was conducted based on data from January 2003
through June 2005. Results and data analysis are attached.
• Monthly monitoring should be continued for copper based on RPA.
Copper results had thirty (30) reported values. There was reasonable
potential to exceed the allowable acute concentration but not the allowable
chronic concentration for the NC action level. Monthly monitoring should
be continued. Facility is consistently passing toxicity test.
Other parameters that were detected in the priority pollutant analysis done July 6,
2005. There is only one data value for each parameter.
• Chloroform =12 ug/1, believed to be present due to common laboratory
contamination. Chloroform is not used in any process at SGL Carbon. No
monitoring recommended
• Silver = 0.001 mg/1 (1 ug/1), this value does exceeds the allowable
concentration of 0.46 ug/l. However, this is an NC action level and SGL
Carbon has consistently passed its chronic toxicity test. Recommend annual
monitoring for silver.
• Lead = 0.025 mg/1 (25 ug/1) this value does not exceed the allowable of 193
ug/l. Lead is not believed to be a parameter of concern. Facility always
passes its toxicity test. Recommend annual monitoring for lead.
•
SGL Carbmi LLC Pact.Sheet
M1I'DIES Permit Issuance
Page 3
• Selenium = 0.019 mg/1 (19 ug/1) this value does not exceed allowable of 38.7
ug/l. Facility always passes its quarterly toxicity test. Recommend annual
monitoring for selenium.
• Zinc = 0.019 mg/1 (19 ug/1) this value does not exceed allowable of 387.1 ug/l.
Facility always passes its quarterly toxicity test. Recommend annual
monitoring.
INSTREAM MONITORING:
Monitoring for temperature instream should be continued.
PROPOSED CHANGES
• Recommend that SGL Carbon no longer be categorized as a major industry
due torevised permit rating sheet score.
• The addition of annual monitoring for lead selenium, silver and zinc
based on presence in effluent. Since effluent is primarily noncontact
cooling water and has always passed its toxicity test minimal monitoring
is recommended..
PROPOSED SCHEDULE FOR PERMIT ISSUANCE:
Draft Permit to Public Notice: 08/31/2005
Permit Scheduled to Issue (est.): 10/24/2005
STATE CONTACT:
If you have any questions on any of the above information or on the attached permit,
please co tact Jackie Nowell at (919) 733-5083 ext. 512.
NAME
DATE: 30 Uji
RE N FFICE CO MENT:
NAME: DATE:
SGL Carbon LLC Fart:Sheet
N'PDES Permit Issuance
Page 'I
\7 (7
1( �
NPDES SUPERVISOR COMMENT:
NAME: DATE:
SGL f.;arbon I,LC; Fact.Sheet
NPDES Pe
rinif: [s9uanef;
Page 5
REASONABLE POTENTIAL ANALYSIS
SGL Carbon LLC Outfall 001
NC0005258 Ow = 2 MGD
Time Period 1/2003-6/2005
Ow(MGD) 2 - WWTP Class 1
7Q10S(cfs) 20.9 - IWC(%)@ 7010S 12.917
7Q10W(cfs) 24.7 @ 7010W 11.151
3002(cfs) 34.2- ®30Q2 8.311
Avg.Stream Flow,QA(cfs) 74.8 ®QA 3.9795
Aec'ving Stream Silver Creek Stream Class WS-IV -
STANDARDS 8
PARAMETER TYPE CRITERIA(2) POL Units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION
(1) Ncwosr %FAVr n #Dot. Max Pmd Cw Albwahb Cw
Chronic Acute
Acute: 7 fioes'hN.exceedlchMtfic allowapTe Hd§
Copper NC 7 AL 7.3 ug/L 30 22 38.0 __ _ .......
_ __ p ad all ioxte §inc$700`) Recorrlman8711dofiiymnftfj
ChWdc 54
Acute: 34
Lead NC 25 N 33.8 ug/L 1 1 N/A __ _
Note:n<12 Chronic. 194iFu
°
Limited data set .' ,.... ., ME ,. ,,. . ...`. , x.....k.,.
Acute. 56 =' c
Selenium NC 5.0 56 ug/L 1 1 N/A
...
_-_
F
Note:n<12 Chronic: 38
Limited data set r ,....... ...... :...... . ..u, , .. ;
Acute: ,............, ,.., , ..
Silver NC 0.06 AL 1.23 ug/L 1 1 WA __ _ _
Note:n<12 Chronic 0
Limited data set :€. ,.. .. ....:. .. .. ... MN......... ........r
Acute 67
Zinc NC 50 AL 67 ug/L 1 1 N/A __ .,.c.
Note:n<12 Chronic 387
Limited data set
'Legend: "Freshwater Discharge
C=Carcinogenic
NC=Non-carcinogenic
A=Aesthetic
5258rpa2005,rpa
8/30/2005
REASONABLE POTENTIAL ANALYSIS
5
Copper
Date Data BDL=1/2DL Results
1 pec`2�D 2 1.0 Std Dev. 4.4443
2 ' 2, 1.0 Mean 5.2000
3'' 2, 1.0 C.V. 0.8547
1.0 n 30
3.0
6 2.0 Mult Factor= 2.5300
7``. 5„ 5.0 Max. Value 15.0 ug/L
8` ,3 3.0 Max. Pred Cw 38.0 ug/L
21, 12.0
10 5.0
11 ' i 3.0
5;, 6.0
13: L?ISd 20Q3 2:',: 2.0
141' 3 3.0
15:'', 8'',, 8.0
7.0
17' "$ 9.0
18_ - . 13.0
19 14.0
20-'.... 6 6.0
21 10.0
22 5.0
23 '., 3.0
24';.. JYII00$ 15: 15.0
25:x Feb:2005 =i 1.0
1.0
an
27,
1.0
1.0
29 . 2.0
30; ,JG�1�2t705 ]2,' 12.0
31
32''
34
35 e, . ... .
36 ° :;_ is
37'
5258rpa2005, data
1 - 8/30/2005
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�OF W A rFRo i ( Michael F.Easley,Governor
\0 7 William G.Ross Jr.,Secretary
Vj r North Carolina Department of Environment and Natural Resources
y
Alan W.Klimek,P.E.Director
Division of Water Quality r
October 4, 2004
609 D Mr. Jeff Woodruff
SGL Carbon, LLC
307 Jamestown Rd. t
Morganton, NC 28655-9948 WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
SUBJECT: Laboratory Certification Maintenance Inspection
Dear Mr. Woodruff:
Enclosed is a report for the inspection performed on September 24, 2004 by Mr. Gary
Francies. No deficiencies or lettered comments and/or recommendations are cited in this report, a
response is not required. We appreciate the fine job you and your staff are doing. As a certification
requirement, your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H
.0800.
Copies of the checklists completed during the inspection may be requested from this office.
Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this
report by email, or if you have questions or need additional information please contact us at 919-733-
3908.
Sincerely,
James W. Meyer
Laboratory Section
Enclosure
cc: Gary Francies
R h u IP R1�ttnn 'Ip'tTp &:,;
n Caroli na atra!!y
Laboratory Section 1623 Mail Service Center;Raleigh,NC 27699-1623
4405 Reedy Creek Road;Raleigh,NC 27607
Phone(919)733-3908/FAX (919)733.2496/Internet: www.dwglab.org
An Equal Opportunity/Affirmative Action Employer—50%Recyclgdll 09/o Post Consumer Paper
On-Site Inspection Report
LABORATORY NAME: SGL Carbon LLC
ADDRESS: 307 Jamestown Road
Morganton, NC 28655
CERTIFICATE NO: 609
DATE OF INSPECTION: 9/24/04
TYPE OF INSPECTION: Maintenance
EVALUATOR: Gary Francies
LOCAL PERSON(S) CONTACTED: Mr. Jeff Woodruff
I. INTRODUCTION:
This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for
the analysis of environmental samples.
IL GENERAL COMMENTS:
The staff is congratulated for doing a good job of maintaining the laboratory program. The laboratory is
spacious and well equipped. All equipment is well maintained. Records are well kept and most data
appeared accurate.
III. DEFICIENCIES REQUIREMENTS COMMENTS AND RECOMMENDATIONS:
No deficiencies or comments were noted.
IV. PAPER TRAIL INVESTIGATION:
A review of data was conducted. This consisted of comparing laboratory bench sheets and contract lab
reports to Discharge Monitoring Reports (DMRs) submitted to this Division. Data were reviewed for
these months: April,.May, and June 2004. No errors were noted. It appears the facility is doing a good
job of accurately transcribing data.
V. CONCLUSIONS:
No deficiencies were found during the inspection. No response is required.
Report prepared by: Gary Francies Date: 9/27/04
L
p�pF W ATFgQG Michael F.Easley,Governor
9 William G.Ross Jr.,Secretary
r- North Carolina Department of Environment and Natural Resources
Y Alan W.Klimek,P.E.Director
Division of Water Quality
Asheville Regional-Office
August 24,2004
609
MR. JEFF WOODRUFF
SGL CARBON, LLC
307 JAMESTOWN ROAD
MORGANTON, NC 28655-9948
SUBJECT: Wastewater/Groundwater Laboratory Certification
Dear Mr.Woodruff:
We have scheduled an on-site inspection of your laboratory for approximately 9:30 a.m., September 24, 2004. The
scope of the inspection will include all methods marked on Attachment I of the laboratory's current North Carolina
Wastewater /Groundwater Certificate and /or marked on the application for NC Wastewater/Groundwater Laboratory
Certification. The purpose of the inspection will be to verify the laboratory's documented quality control/quality assurance
procedures and adequacy in meeting the requirements of 15A NCAC 2H .0800.
Attached are inspection checklists for the upcoming inspection. Prior to the on-site inspection, excluding the data
review sections, please have your analysts complete each checklist. Any checklists that your laboratory is unable to
complete, or any specific items that you do not understand, will be completed during the inspection. Completion of these
checklists prior to the on-site audit, with comments by analysts relating to specific procedural differences will help avoid any
unnecessary interruption of the analyst's schedule. Hold these checklists at your laboratory for use at the time of the
inspection.
Please have available for review all DMR report sheets and bench data produced since the last on-site inspection.These data
sets will be used to assess the quality of your data during the inspection. if further data or report sheets are required, we will
notify you during the inspection. .
Review your last inspection report (Inspection date: 10128/04), to assure that all deficiencies have been corrected. If any
deficiencies cited in the 11/14/04 inspection report have not been corrected, enforcement action will be recommended.
Thank you for your time and cooperation. I can be contacted at (828) 2964677 if you have questions. Please notify
me if any of the attached documents fail to open or will not print properly.
Sincerely,
Gary Francies
Laboratory Section
Enclosures
cc: James W. Meyer
R >s- innal�ffio$ r
N ar'[hCarollIla
JVaturatty
North Carolina Division of Water Quality,Laboratory Section 2090 US Highway 70 Swannanoa,NC 28778
Phone(828)296-4500 FAX (828)299-7043 Internet: www.dwq)ab.org Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
of W4A Michael F. Easley
A Governor
p9 ENR William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
p C Alan W. Klimek, P.E., Director
Division of Water Quality
August 3,2004
Charles Conner
Plant Manager
307 Jamestown Rd.
Morgantown,North Carolina 28655
Subject: Receipt of permit renewal application
NPDES Permit NC0005258
SGL Carbon,LLC
Burke County
Dear Mx. Conner:
The NPDES Unit received your permit renewal application on August 3,2004. We need one additional item
in order to process your permit renewal:
♦ Solids handling and disposal. How often are solids (sludge) removed from your facility? How are
solids disposed after removal?
A member of the NPDES Unit will review your application. That staff member will contact you if additional
information is required to complete your permit renewal. You should expect to receive a draft permit approximately
30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect
until the permit is renewed(or the Division takes other action).
If you have any additional questions concerning renewal of the subject permit, please contact me at (919)
733-5083,extension 520.
Sincerely,
Carolyn Bryant'
Point Source Branch
cc: CENTRAL FILES
Asheville Regional Office/Water Quality Section p n
NPDES Unit FA
5�_TY SECTION
APNEVII.LE Ai-(TONAL 4)FFICE
N.C.Division of Water Quality/NPDES Unit Phone:(919)733-5083 Fax:(919)733-0719
1617 Mail Service Center,Raleigh,NC 27699-1617 DENR Customer Service Center:1800 623-7748
Internet:h2o.enr.state.nc.us e-mail:Carolyn.tryant(rDncmail.net
NPDES PERMIT APPLICATION - SHORT FORM 4-;-Manufacturing
For manufacturing or commercial facilities with a discharge <1 MGD
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
http://h2a.enr.state.nc.us/NPDES/
NPDES Permit Number INCO005258
Please print or type
1. Contact Information:
Facility Name SGL Carbon, LLC
Owner Name SGL Carbon, LLC
Street Address 307 Jamestown Road
City Morganton
State / Zip Code North Carolina, 28655
Telephone Number ( 828 ) 437-3221
Fax Number ( 828 ) 437-5885
e-mail Address
Operator Name SGL Carbon, LLC
Street Address 307 Jamestown Road
City Morganton
State / Zip Code North Carolina, 28655
County Burke
Telephone Number ( 828 ) 437-3221
2. Location of facility producing discharge:
Check here if same as above M
Facility Name (If different from above)
Street Address or State Road
City
State / Zip Code
County
3. Ownership Status:
Federal 0 State Private Public 0
4. Standard Industrial Classification (SIC) code(s): 3624
S. Number of employees: 128
6. Principal product(s) produced: Synthetic graphite products
Principal raw material(s) consumed: Coke, coal tar pitch, and petroleum pitch
7. Principal process(es): Manufacture of synthetic graphite products
Page 1 of 3 Version—08103
NPDES PERMIT APPLICATION - SHORT FORM U-Manufacturing
For manufacturing or commercial facilities with a discharge <1 MGD
8. Amount of principal product produced or raw material consumed
List specific amounts consumed and/or units of production)
Product Produced or Raw Material Product Produced or Raw Material
Consumed Consumed
AVERAGE PEAK
per Day
per Month Approximately 3.3 million pounds of
graphite product produced per month
per Year
9. Check here if discharge occurs all year, or circle the month(s) in which discharge
occurs:
January February March April May June
July August September October November December
Days per week discharge occurs:
NOTE:If the facility has separate discharge points (outfalls)or multiple industrial processes,
include a schematic diagram of wastewater flow at the facility.
10. Types of wastewater discharged to surface waters only
Discharge per operating month Flow
GALLONS PER OPERATING MONTH
Sanitary - monthly average
None
Utility water,etc. - monthly average 18 MG Per Month or 0.6 MGD
(non-contact cooling water)
Process water - monthly average
None
Monthly Average 18 MG Per Month or 0.6 MGD
total discharge (all types)
* Cooling towers used.
11. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not applicable):
Tie Permit Number Tvpe Permit Number
None Non-Attainment
0 UIC 0 Ocean Dumping
NPDES NC0005258& NCS000009 Dredge/Fill Permits
PSD 0 RCRA
0 NESHAPS FX1 Title V Air Permit 03287T24
Page 2 of 3 Version-08103
NPDES PERMIT APPLICATION - SHORT FORM L,-Manufacturing
For manufacturing or commercial facilities with a discharge <1 MGD
12. Number of separate discharge points: 1
13. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including
latitude and longitude):
Silver Creek
14. Do you add any chemicals that may be discharged? (Please list and explain source and
potential amounts.)
Non-contact cooling water discharge only. Note however that because facility stormdrains
that are located throughout facility also discharge to the same NPDES outfall, it is possible that
some TSS, Oil 8s Grease, or copper residuals may be discharged to the single NPDES outfall via
stormwater runoff. These discharges are addressed in the NPDES Stormwater Discharge Permit
NCS000009.
1S. Is this facility located on Native American lands? (check one)
YES ❑ NO
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Charlie Conner Plant Manager
Printed name of Person Signing Title
Signature of Applicant Date
North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false
statement representation, or certification in any application, record, report, plan, or other document files or
required to be maintained under Article 21 or regulations of the Environmental Management Commission
implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or
monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable
by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section
1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5 years, or both,
for a similar offense.)
Page 3 of 3 Version-08103
r' Attachment 1 r I
USGS 7 . 5 MIN TOPOGRAPHY MAP N
July 19 1996
NPDES Outfall Location
SGL Carbon, LLC
307 Jamestown Road; Morganton, NC
� t
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SGL Carbon,LLC-NPDES Permit No.NC0005258 Topographic Map of Outfall Location
Latitude: 35' 43' 41"
Longitude: 81' 43' 45"
Receiving Stream: Silver Creek
State of North Carolina
Department of Environment
and Natural Resources ® /
Asheville Regional Office
Michael F.Easley,Governor N C D EN R
William G.Ross,Jr., Secretary
Alan W.Klimek,P.E.,Director NORTH CAROLINA DEPARTMENT OF
Coleen Sullins,Deputy Director ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
WATER QUALITY SECTION
May 18, 2004
Mr. Richard Ives
SGL Carbon, LLC
Post Office Box 40
Morganton, North Carolina 28655-0040
Subject : Compliance Evaluation Inspection
Wastewater Discharge - SGL Carbon
NPDES Permit Number NC0005258
Burke County
Dear Mr. Ives :
The Division of Water Quality inspected SGL Carbon' s wastewater
discharge on May 12, 2004 . Observations indicated compliance with the
requirements of SGL Carbon' s NPDES Permit Number N00005258 . The only
item noted to be in need of attention was the absorbent strips in the
sampling basin near the point of discharge. You stated the strips
would be changed the afternoon of the inspection.
Your time and assistance are appreciated. Please contact me at
telephone number 828-296-4500 if there are questions .
Sincerely,
James R. Reid
Environmental Engineer
CC : EPA
2090 U.S.Highway 70,Swannanon,North Carolina 28778 Telephone 828-296-4500 FAX 828-299-7043
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
United States Environmental Protection Agency
EPA Washington,D.C.20460 Form Approved.
OMB No,2040-0057
Water Compliance Inspection Report Approval expires&31.98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 ICJ 31 NC0005258 111 121 04/05/12 1 17 181 c 1 19u 20u
Remarks
211111 Jill 1111111111111111111111111111111111111116,
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 Q�A��� --------------------------Reserved-----------------------
671 1 69 70 U 71 u L_J
72 73 W 74 75I I I I I I I I B0
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:20 AM 04/05/12 01/02/01
SGI� Carbon Corporation
307 Jamestown Road Exit Time/Date Permit Expiration Date
Morganton NC 28655 1.0:10 AM 04/05/12 05/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Daniel. GirotIX,PO Box 40 Morganton NC 28680//828-431-3221/ Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Flow Measurement E Operations&Maintenance 0 Self-Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
James R Reid ARO WQ;/828-251-6208/828-251-6452
9�4�It Q .% / �W �5-- /y- aC/
S' nature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
K/' �z�eff
-- J —/ • tl
EPA Form 3560.3(Rev 9.94)Previous editions are obsolete.
NPDES yr/mo/day Inspection Type 1
31 NC0005258 I11 12 I 2.t/05/12 117 18 1 I
Section D: Summary of Findinq/Comments(Attach additional sheets of narrative and checklists as necessary)
— ----- — ---- SLJMM�-TRY
SGL Carbon NC0005258 May 12, 2004 Compliance Evaluation Inspection
Compliance with the requirements of NPDES Permit NC0005258 was indicated. There
was some oil and grease in the sampling basin near the point of discharge. The operator
stated that the absorbent strips would be changed in the afternoon following the
inspection. Groundwater sampling in accordance with the Ground Water Section's
instructions had been implemented.
1
OF WAT fq / Michael F.Easley
�d QG � Governor
h 9" V�v / William G.Ross,Jr., Secretary
� North Carolina Department of Environment and Natural Resources
O C Alan W.Klimek,P.E.Director
Division of Water Quality
Asheville Regional Office
December 19, 2003
609
MR. JEFF WOODRUFF
SGL CARBON, LLC
307 JAMESTOWN ROAD
MORGANTON, NC 28655-9948
Dear Mr.Woodruff:
Your letter, received December 10, 2003, concerning corrective actions for your analytical
procedures has been reviewed. The quality control measures taken in reference to the comments
cited in the November 14, 2003 inspection report are acceptable. This report does not attempt to
comprehensively address all certification requirements prescribed in the North Carolina
Administrative Code (15A NCAC 2H .0800), promulgated methods, and applicable Code of
Federal Regulations (40 CFR Part 136). If is the responsibility of the certified laboratory to address
any required changes in Wastewater/Groundwater Laboratory Certification application information,
and to correct the Laboratory Standard Operating Procedures and the Laboratory Quality
Assurance Manual when requirements of the above cited codes are not in compliance.
If a future inspection should reveal that the deficiencies/requirements cited in the inspection
report were not corrected, enforcement actions will be recommended in accordance with 15A
NCAC 21-1 .0800.
Thank you again for your cooperation during the inspection. Contact us at 828-251-6208
ext. 285 if you have any questions or need additional information regarding our requirements.
Sincerely,
Gary Francies
Laboratory Section
cc: James W. Meyer
0111W, iI0IZawaAZ@ ew
Water Quality Section,59 Woodfin Place,Asheville, NC 28801-2414 Telephone: 828/251-6208 Customer Service
Fax: 828/251-6452 1 800 623-7748
UV
/ SGL CARBON GROUP
December 8, 2003 (�
Mr. James Meyer U /
NCDENR
Division of Water Quality
Laboratory Section },
1623 Mail Service Center � at =1
Raleigh, NC 27699-1623 £ I l2
DEC 10 2003
SUBJECT: Laboratory Inspection Response D1f` Q
Dear Mr. Meyer: LABORATORY SECTION
I am able to inform you with regard to the comments made on the October 28,
2003 inspection, the following corrections have been made as recommended by Mr. Gary
Francies:
Bench Sheets
Temperature bench sheets now include units as Degrees Celsius.
A column has been added for the sampler to initial for daily entries.
The former practice of entries being made in pencil has been eliminated. All entries are
now made in ink as per GLP.
Discharge Monitoring Reports
The former method of data entry for DMRs, which resulted in several errors,
has been changed.
A copy of the actual bench sheet, on which daily entries are made, is now being
submitted to Rick Ives at the end of the month with the laboratory reports. His entries for
the monthly DMRs are now made directly from the daily entries, eliminating the
possibility of keying errors from the computer database.
These changes should satisfy all requirements for corrective action on the part of the
laboratory. If you have any questions or additional requirements, please let me know.
Sincer y,
effrey Alan Woodruff L CARBON,LLC
Laboratory Supervisor DEC 15 £OOZ 'r amen,N 286
rgamm�,NC 28G55
P1 one(823)437-3221
F (828)43 -5885
LABORATORY SECTION
ASHEVILLE REGIONAL OFFICE
�QF\NATFRP `� Michael F.Easley,Governor
.,.;, William G.Ross Jr.,Secretary
\0 (� North Carolina Department of Environment and Natural Resources
CO Alan Alan W.-Klimek,P.E.Director
5 1 Division of Water Quality
O Y Coleen H.Sullins,Deputy Director
Division of Water Quality
December 2, 2003
609
Mr. Jeff Woodruff
SGL Carbon, LLC
307 Jamestown Rd.
Morganton, NC 28655-9948
SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal
Dear Mr. Woodruff:
The Department of Environment and Natural Resources, in accordance with the provisions of NC
GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to
perform specified environmental analyses required by EMC monitoring and reporting regulations 15
NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N,0100 through .0800.
Enclosed for your use is a certificate describing the requirements and limits of your certification.
Please review this certificate to insure that your laboratory is certified for all parameters required to
properly meet your certification needs.
Please contact us at 919-733-3908 if you have questions or need additional information.
Sincerely,
6(1)*�C
James W. Meyer
Laboratory Section
Enclosure
cc: Gary W. Francies
Ity ( l Cy7 ll�'
i IARORATOPi Si,[.W1F
1su,Gvn LF. PFclnn ra_ t,;l i .F ,
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N.C.Division of Water Quality Laboratory Section - 1623 Mail Service Center Raleigh,North Carolina 27699-1623 (919)733-7015
I
FAX: (919)733-6241
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Attachment
North Carolina Wastewater/Groundwater Laboratory Certification
Certified Parameters Listing
Lab Name:- SGL Carbon, LLC Certificate Number: 609
Address: 307 Jamestown Rd. Effective Date: 01/01/2004
Morganton, NC 28655-9948 Expiration Date: 12/31/2004
Date of Last Amendment:
The above named laboratory,having duly met the requirements of 15A NCAC 2H.0800,is hereby certified forthe measurement of the parameters listed below.
CERTIFIED PARAMETERS
INORGANICS
OIL&GREASE
EPA Method 413.1
pH
EPA Method 150.1
RESIDUE SUSPENDED
EPA Method 160.2
TEMPERATURE
EPA Method 170.1
This certification requires maintance of an acceptable quality assurance program,use of approved methodology,and satisfactory performance on evaluation samples. Laboratories are
subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 2H.0807.-
O�W A r�9 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
\� (� North Carolina Department of Environment and Natural Resources
f9_' Alan W.Klimek,P.E.Director
O Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
November 14, 2003
609
Mr. Jeff Woodruff
SGL Carbon, LLC
307 Jamestown Rd.
Morganton, NC 28655-9948
SUBJECT: Laboratory Certification Maintenance Inspection
Dear Mr. Woodruff:
Enclosed is a report for the inspection performed on October 28, 2003 by Mr. Gary
W. Francies. Where deficiencies are cited in this report, a response is required as well as
for all lettered comments and/or recommendations. Within thirty days of receipt, please
supply this office with a written item for item description of how these deficiencies,
comments and/or recommendations were corrected. If the deficiencies cited in the
enclosed report are not corrected, enforcement actions will be recommended. For
certification maintenance, your laboratory must continue to carry out the requirements set
forth in 15A NCAC 2H .0800.
Copies of the checklists completed during the inspection may be requested from this
office. Thank you for your cooperation during the inspection. If you wish to obtain an
electronic copy of this report by email, or if you have questions or need additional
information please contact us at 919-733-3908.
Sincerely,
James W. Meyer
Laboratory Section
Enclosure
cc: Gary W. Francies NOV 17 £OOZ
LABORATORY SECTION
ASHEVILLE REGIONAL OFFICE
aA
@Nt
N.C.Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh,North Carolina 27699-1623 (919)733-7015
FAX: (919)733-6241
On-Site Inspection Report
LABORATORY NAME: SGL Carbon, LLC
ADDRESS: 307 Jamestown Road
Morganton, NC 28655
CERTIFICATE NO: 609
DATE OF INSPECTION: 10/28/03
TYPE OF INSPECTION: Maintenance
EVALUATOR: Gary Francies
LOCAL PERSON(S) CONTACTED: Mr. Jeff Woodruff
I. INTRODUCTION:
This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for
the analysis of environmental samples.
IL GENERAL COMMENTS:
The staff is congratulated for doing a good job of maintaining the laboratory program. The laboratory is
spacious and well equipped. All equipment is well maintained. Records are well kept and most data
appeared accurate. Some further quality control procedures need to be implemented.
Ill. DEFICIENCIES, REQUIREMENTS, COMMENTS,AND RECOMMENDATIONS:
Bench sheets
A. COMMENT: The temperature bench sheet does not document all required items.
NOTE: The units are missing and the signature or initials of the analyst is not documented. Also pencil
is used. Good laboratory practices dictate that all data be recorded on the worksheets, log books, and
Discharge Monitoring Reports (DMRs) in ink.
REQUIREMENT: All laboratories must use printed laboratory bench worksheets. They must include a
space to enter the signature or initials of the analyst, date of analysis, sample identification, volume of
the sample analyzed, value from the measurement system, factor and final value to be reported. Each
item must be recorded each time samples are analyzed. Ref: 15A NCAC 2H .0805 (a) (7) (H).
Page 2
IV. PAPER TRAIL INVESTIGATION:
A review of data was conducted. This consisted of comparing laboratory bench sheets and contract lab
reports to Discharge Monitoring Reports (DMRs) submitted to this Division. Data were reviewed for
these months: June, July, and August 2003. Flow data were only reviewed for the month of August. If
the error rate for flow data during August is typical, it is unacceptable. The following errors were noted:
Date Parameter Location Value on Value on
Bench sheet DMR
6/05/03 Temperature Effluent 21.4 ° C 21.7 ° C
6/11/03 Temperature Upstream 17.9 ° C 19.3 ° C
6/11/03 Temperature Downstream 17.5 ° C 18.8 ° C
6/25/03 Temperature Downstream 19.0 ° C 19.9 ° C
6/26/03 Temperature Downstream 19.4 ° C 20.2 ° C
6/27/03 Temperature Upstream 20.2 ° C 19.4 ° C
8/01/03 Temperature Upstream 21.5 ° C 21.0 ° C
8/01/03 Temperature Downstream 21.0 ° C 21.5 ° C
8/06/03 Flow Effluent 0.4 MGD 0.5 MGD
8/07/03 Flow Effluent 0.4 MGD 0.5 MGD
8/08/03 Flow Effluent 0.6 MGD 0.5 MGD
8/14/03 Flow Effluent 0.4 MGD 0.5 MGD
8/14/03 Temperature Downstream 26.6 ° C 20.5 ° C
8/15/03 Flow Effluent 0.4 MGD 0.5 MGD
8/18/03 Flow Effluent 0.4 MGD 0.5 MGD
8/25/03 Temperature Downstream 21.4 ° C 21.5 ° C
In order to avoid questions of legality, it is strongly recommended that amended DMRs be submitted to
this Division.
Non-laboratory personnel made the above errors during data entry into the computer system. The laboratc
report forms had the data correctly transferred from the bench sheets. After the data is entered into the compu
the ORC (Operator in Responsible Charge) fills out the DMR. The ORC is accurately transferring the data frc
the computer to the DMR. The data being transferred has been incorrectly entered into the computer though.
A few instances of the ORC entering the data on the DMR on the wrong date were also noted.
B. COMMENT: The facility needs to implement steps to reduce the current error rate. Please respond
writing what steps will be taken to ensure the data are accurately transferred to the DMRs.
V. CONCLUSIONS:
Correcting the above-cited comments and implementing the recommendations will help this lab to
produce quality data and meet certification requirements. Please respond to all lettered comments.
Report prepared by: Gary Francies Date: 11/4/03
WA7'�R4G Michael F. Easley
Governor
�. r William G.Ross,Jr.,Secretary
�. Department of Environment and Natural Resources ,
O `Y - Alan W.Klimek,P.E.,Director.
- - - Division of Water Quality
September 5,2003 T
Mr.Daniel Giroux
SGI,Carbon,LLC
PO Box 40
Morganton,North Carolina 28680
SUBJECT: RESCISSION OF NOTICE OF VIOLATION 8 2003
Whole Effluent Toxicity Testing
NPDES Permit No.NC0005258
A^lj Ej Qij, utV.Sc6Trui1
SGL Carbon,LLC WWTP RI �IM'4r 0rF{CE
Burke County r
Dear Mr. Giroux:
SGL Carbon,LLC was issued a Notice of Violation(NOV)dated 8/26/03 for failing to submit the June
2003 toxicity self-monitoring report form to our office within 30 days after the end of the reporting period.
On 9/3/03,our office received a call from Mr.Rick Ives at SGL Carbon concerning the NOV. Mr.
Ives indicated that the report form in question was mailed to our office via certified mail. Mr. Ives was asked to
fax the return receipt card and certified mail receipt to our office. Upon review of the information,it appears
that the report form was sent to the correct address within the required time frame.
Based on the information provided to us,I hereby rescind the NOV date 8126/03 issued to SGL
Carbon,LLC for failing to submit the June 2003 toxicity self-monitoring within the required time frame.
Reporting of toxicity self-monitoring data is a dual requirement. Toxicity report forms must be sent to
our office at 1621 MSC,Raleigh,NC 27699-1621 AND the toxicity value most be reported on the facility's
monthly Discharge Monitoring Report that is sent to DWQ's Central Files at 1617 MSC,Raleigh,NC 27699-
1617.
Please note that the Division's compliance monitoring and enforcement tracking databases will be
modified to reflect this change. We encourage SGL Carbon to continue submitting its toxicity self-monitoring
data to the Division via certified mail.
We appreciate Mr.Ives' cooperation in this matter and apologize for any inconvenience that may have
resulted.
Sincerely,
7immie L4verton
Assistr6t Water Quality Section Chief
for Environmental Sciences
cc: Forrest Westall-Asheville Regional Office
Keith Haynes-Asheville Regional Office
Aquatic Toxicology Unit Files
Central Files
1 IAr
NGDENR
Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh,NC 27699-1621 (919)733-2136
1.800-623- 748
WHOLY°"�'FLUENT TOXICTTY MONITORING AND REP
G INFORMATION
➢ The.following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information.:.Please take time to review this information.The items below do not address or include all the toxicity
testing and reporting requirements contained in vour NPDES permit. If you should have any questions about your toxicity
—testing requirement, please contact W.Kevin Bowden"with the Aquatic"Toxicology Uturat"(919) 733=2136 or another-Unit --- ---
representative at the same number.
➢ The perrnittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity
report forms are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code)on your monthly Discharge Monitoring Report which is submitted to:
- North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh,NC 27699-1617
IN ADDITION
Toxicity test data(original"AT"form)must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center _
Raleigh,North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period(eg,January test result is due by the end of February): - - - -
➢ Toxicity test condition language contained in your NPDES permit may:require use of multiple concentration toxicity testing upon
failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, -
then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As
marry analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration
toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or
multiple concentration toxicity testing per the Division"s WET enforcement initiatives effective July 1, 1999. Follow-up multiple
concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements(eg,if the testing months specified in your NPDES permit are March,June, September, and December,
then toxicity testing must be conducted during these months). -
➢ Should the permitter:fail to monitor during a month in which toxicity monitoring is required then monthly monitoring will begin
immediately until such time that a single test is passed. Upon passing this monthly test requirement,the permittee will revertto
the quarterly months specified in the permit. Please note that your permit may or may not contain this language.
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have discharge from January I-June 30, then
yna rzr ist pmvidevritten renr.::at.nn to th Er.�..,,nmen[a]Sciences hra;.eh by 3une:i0 Chat a discharge did not occur dmiug the -
first six months of the calendar year.
- ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the -
Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated
and the date when follow-up testingwill occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the .
month/yew of the subject report. You should also write"No Flow"on the AT form,sign the form and submit following normal
procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form.
The AT form must also be signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality,you may consider submitting Your
toxicity test results certified mail return receipt requested to the Environmental Sciences Branch.
PAicnael F. Easley
G
w. Cicvernor
9 William G. Ross,Jr.,Secretary
> Department of Environment and Natural Resources
G Y Alan W. Klimek,P.E..Director
Division of Water Quality
August 26.2003 "
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Daniel Giroux
SGL Carbon.LLC
P.O.Box 40
Morganton,North Carolina 28690
SUBJECT: NOTICE OF VIOLATION
Effluent Toxieity Testing
NPDES Permit No. NCOOOS258
SGL Carbon,LLC
Burke County
Dear Mr. Giroux:
This is to inform you that the Environmental Sciences Branch has not received your toxicity self-
monitoring report form for the month of June 2003. This is in violation of Title 15A of the North Carolina
'Admmstrative Code;Chapter 2,Subchapter2B,Section.0506 (a)(-1)(A) which states that"monthly
monitoring reports shall be tiled no later than 30 days after the end of the reporting period for which the
repent was made,."
Your Discharge Monitoring Report for June 2003 does not indicate that a chronic toxicity test••vas
' conducted. Please remember that reporting of mxicity self-monitoring data is a dual requirement. Toxicity
' test results must be entered on your Discharge Monitoring Report and the Toxicity Reporting Form (AT
Report Form)must he submirted to: DWQIESB, 1621. Mail Service Center. Raleigh NC 27699-1621
within the required time frame. -
You will be considered noncompliant with the reporting requirements contained in your NPDES
Pernut for the month of June 2003 until you make acceptable demonstration to the Environmental Sciences
Branch that the report form was submitted to this office within the,required 30day reporting period. Please
be advised that late arid/or non-reporting of toxiicAy self monitoring data subjects:you to the
Enforcement Authority of the Division.
The reverse side of this Notice:contain- 1 stir-nary OF important toxicity nionitcring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice,
please contact Mr. Kevin Bowden with the Aquatic'Toxicology Unit at(919)733-2136.
Sincerely,
7 Overton
Assistant Water Quality Section Chief
for Environmental Sciences
cc: -Forest Westall—.Asheville Regional Office - 2003
Keith Haynes-Asheville Regional Office
Aquatic Toxicology Unit Files
Central Files
Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh. NO 27699-1621 (919)733-2136
800623-7746
- - WHOLE EFFLUf NT TOXICITY MONITORING AND REPORTICtNFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
- testing-and-reporting--infonnation-Please-take-time-to-review-this-information.The-items--below do-not address or include- ---- ----
all the toxicity and reporting requirements contained in your NPDES permit: If you should have any questions _
about your toxicity-testing requirement,please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at(919)733-
2136 or another Unit representative at the same number. -
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that -
toxicity report forms are appropriately filed.
- ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered(with the
appropriate parameter code)on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh,NC 27699-1617
IN ADDITION
Toxicity rest data(original"AT"form)must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
.. ➢.. Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period leg,January test result is due by the end of February). i
Toxici r test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the
permit limit,then at least two multiple concentration toxicity tests(one per month)will be conducted over the following two
months. As many analyses as can be completed will be accepted. .If your NPDES permit does not require use of multiple
concentration, toxicity testing upon failure of any Single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (c% if the testing months specified in your NPDES permit are March, June, September, and
December,then toxicity testing must be conducted during these months):
➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing this monthly test requirement,the permittee will
revert to the quartely months specified in the permit. Please note that your permit mayor may not contain this language. -
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30,
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
_! during the first six months of the calendar year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was
invalidated and the date when follow-up testing will occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs,you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the month/year of the subject report. You should also write"No Flow"on the AT form,sign the form and submit following
normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge(ORC)except for facilities
which have not received a facility classification. In these cases, a duly authorized.facility representative must sign the AT
form. The AT form must also be signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality,You may consider submitting
Your toxicity results certified mail,certified ail return receipt requested to the Environmental Sciences Branch.
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!x WCH ❑ METALS ❑ VOA Cl SVOA
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❑ Samples ❑. Quality Control
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❑ VOA vials with hcadspace ❑ Analyst error—no reportable results
❑ Sulfide samples with headspace ❑ Surrogates
❑ Samples not received,but listed on fieldsheet ❑ None added
❑ Samples received,but not listed on fieldsheet ❑ Recovery outside acceptance limits
❑ Mislabeled as to tests,preservatives,etc. ❑ Spike recovery
❑ Holding time expired ❑ None added
❑ Prior to receipt in lab ❑ Recovery outside acceptance limits
❑ After receipt in lab ❑ Failed to meet criteria for precision
❑ Insufficient quantity for analysis ❑ Internal standards
❑ Sample exhibits gross non-homogeneity ❑ Blank contamination
❑ Sample not chemically preserved properly ❑ QC data reported outside of controls(i.e.QCS,LCS)
❑ pl I out of range(record pl1): ❑ Incorrect procedure used
❑ Improper chemical ❑ SOP intentionally modified with QA and Branch Head
❑ Residual chlorine present in sample approval
Cl Color interference - O Invalid instrument calibration
❑ Heavy emulsion formed during extraction ❑ Elevated detection limits due to:
❑ Sample bottle broken in lab-no reportable results
Cl Insufficient sample volume
0 Other(specify):
Comments:
Corrective Action:
❑ Samples were rejected by DWQ Lab. Authorized by: Date:
❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured.
❑ Sample(s)on hold until:
i Sample reported with qualification. Data qualification code used:
❑ Other(explain):
Notification Required(circle one)? Yes No
Person Contacted: y/ Date:
Form completed by: Date:
Lead Chemist It c i al):
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METALS Y ❑ VOA
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3.0 RESULTS AND DISCUSSION
3.1 Hvdrogeoloeic Assessment
Water level elevations in the six (6) monitoring wells were used to contour groundwater
elevation data for determination of grotmdwater flow direction for the April 2000, July 2000,
and October 2000 sampling events specifically (Figure 3, Figure 4, and Figure 5).
Groundwater flows to the southeast for all three quarterly sampling events. Therefore,
monitoring well MW-01 would be the upgradient monitoring well and considered
representative of the background groundwater conditions at this site. Field Data Information
Logs for Groundwater Sampling for the April 24, 2000, July 6, 2000, and October 12, 2000
monitoring events are included in Appendix C, Appendix D, and Appendix E, respectively.
The hydraulic gradient (i) is calculated from the groundwater elevations determined during
the sampling period. The hydraulic gradient (i) was calculated at 0.01789 ft/ft for the April
2000 sampling event, at 0.01605 ft/ft for the July 2000 sampling event, and at 0.01688 ft'ft
for the October 2000 sampling event.
Two (2) slug tests were performed on monitoring well MW-06 on May 10, 2000, to obtain
the data necessary to calculate the hydraulic conductivity (K). A commercial software
program, Super Slug, was run utilizing the Bower and Rice graphical method to calculate the
hydraulic conductivity (K) as well as the transmissivity (T). The calculated hydraulic
conductivity from the first slug test was 2.586 ft/day, and from the second test was 2.384
ft/day (Figures 6 and 7). The average hydraulic conductivity (2.485 ft/day) from the two
tests was used as the hydraulic conductivity value for determining the groundwater flow rate
(Darcy Velocity).
The effective porosity (nj was estimated at 40%, based upon the sediments encountered
during the installation of the monitoring wells and the typical porosities for those sediments
as defined in Groundwater and Wells, Second Edition, by Fletcher G. Driscoll, Ph.D.
The groundwater flow rate was calculated by using Darcy's Velocity equation. Darcy's
Velocity equation is as follows:
V =Kiln,
Where, V = groundwater flow rate (Darcy's Velocity)
K = hydraulic conductivity
i =hydraulic gradient (ft/ft)
n, = effective porosity
The estimated groundwater flow rate (V) as calculated for the April 24, 2000 sampling event
was 0.1111 ft/day, for the July 6, 2000 sampling event V=0.0997 ft/day, and V=0.1049
ft/day for the October 12, 2000 sampling event.
6
(f..,Wan1SGL Carbonl0cl1000GW.doc)
HRP lSpectmn;lnc.
3.2 Chemical Analyses
The following section provides a summary of the laboratory analytical results for the
groundwater samples collected from the six (6) monitoring wells during the three quarterly
sampling events, as well as the two (2) surface water samples collected from Silver Creek
during the July 6, 2000, and October 12, 2000 sampling events. This summary is limited to
a discussion of the occurrence and distribution of constituents which exceeded the Federal
United States Environmental Protection Agency (EPA) Maximum Contaminant Levels
(MCLs) or the State of North Carolina Department of Environment, Health and Natural
Resources (NCDEHNR) Groundwater Quality Standards (GQS).
The Federal and State water quality standards are the maximum allowable concentrations
resulting from any discharge of contaminants to the land or waters of North Carolina, which
may be tolerated without creating a threat to human health or which would otherwise render
the groundwater unsuitable for its intended usage.
Table 2, Table 3, and Table 4 summarize the analytical results for the groundwater samples
collected from the six (6) wells during each quarterly sampling event in year 2000.
Constituents that were detected above either State and/or Federal regulatory limits have been
boldfaced within each table. The complete analytical results as prepared by the testing
laboratories for all three sampling events are presented in Appendix G, Appendix H, and
Appendix I, respectively.
3.2.1 Volatile Organic Compounds (VOCs)
During the April 2000 sampling event, detected levels of 1,2-Dichloroethane and
Cis-1,2-Dichloroethene exceeded the NCDEHNR GQS in well MW-04. The GQS
for 1,2-Dichloroethane is 0.00038 mg/l and 1,2-Dichloroethane was detected at a
concentration of 0.005 mg/l. The GQS for Cis-1,2-Dichloroethene is 0.07 mg/l and
Cis-1,2-Dichloroethene was detected at a concentration of 0.072 mg/l. 1,1-
Dichloroethane was also detected in well MW-04 at levels below the GQS. No other
VOCs were detected above laboratory method detection limits for any sample in any
monitoring well.
During the July 2000 sampling event, detected levels of 1,2-Dichloroethane and Cis-
1,2-Dichloroethene again exceeded the NCDENR GQS in well MW-04. The GQS
for 1,2-Dichloroethane is 0.00038 mg/l and was detected at a concentration of 0.011
mg/l. The GQS for Cis-1,2-Dichloroethene is 0.07 mg/1 and was detected at a
concentration of 0.160 mg/l. 1,1-Dichloroethane was also detected in well MW-04
at levels below the GQS. Also, during the July 2000 sampling event,detected levels
of Carbon Tetrachloride exceeded the NCDENR GQS in well MW-06. The GQS for
Carbon Tetrachloride is 0.0003 mg/l and was detected at a concentration of 0.006
mg/l. No other VOCs were detected above laboratory method detection limits for
any sample collected during the July 2000 sampling event.
(/IDanISGL Carbon10c12000GW.doc) 7
HIS' lSpedrum,Inc.
During the October 2000 sampling event,detected levels of 1,2-Dichloroethane again
exceeded the NCDENR GQS in well MW-04. However, the detected concentrations
of 1,2-Dichloroethane continued to decrease to 0.0069 mg/l. Detected levels of
Carbon Tetrachloride found in well MW-06 (0.0034 mg/1) decreased from levels
measured during the July 2000 sampling event but remained above the NCDENR
GQS. Chloroform was identified during the October 2000 sampling event at
concentrations ranging from 0.0011 mg/I in well MW-06 to 0.0013 mg/I in surface
water samples R-1 and R-2. The NCDENR GQS for Chloroform is 0.00019 mg/1.
3.2.2 Polynucicar Aromatic Hydrocarbons (PAH)
No PAR compounds were detected above laboratory method detection limits for any
sample collected during either the April 2000 or the July 2000 sampling event.
During the October 2000 sampling event, trace amounts (0.0094 mg/1) of
Acenaphthene were identified in well MW-04.
3.2.3 Metals
During the April 2000 sampling event, arsenic, cadmium, chromium, lead, iron,
manganese, and nickel were detected in at least one groundwater sample above the
EPA MCL Standard or the NCDEHNR GQS. In general, the groundwater
concentrations of metals identified during the April 2000 sampling event had
decreased during the July 2000 and October 2000 sampling events.
Arsenic was detected above its EPA MCL (0.005 mg/1) above its EPA MCL (0.05
mg/1) in well MW-06 (0.055 mg/1) during the April 2000 sampling event. However,
during the July 2000 and October 2000 sampling event arsenic was not identified
above the EPA MCL of(0.01 mg/1).
Cadmium was detected in well MW-05 at a concentration of 0.013 mg/1,and in well
MW-06 at a concentration of 0.006 mg/1. during the April 2000 sampling event.
During the July 2006 sampling event,no cadmium was identified in the sample from
well MW-06,and cadmium concentrations in monitoring well MW-05 had decreased
(0.006 mg/1) but were still above the MCL (0.005 mg/1). In the October 2000
sampling event, no cadmium was identified in any sample above method detection
limits.
Chromium was identified at a concentration above the EPA MCL of 0.05 mg/I in
monitoring wells MW-05 (0.28 mg/1)and MW-06 (0.13 mg/I) during the April 2000
sampling event. However, during the July 2000 and October 2000 sampling events
chromium was not identified at a concentration above the EPA MCL in any sample.
8
(f.Oanl=CarbonlOcl7000GW.do)
HRP ISpedram inc.
t
Lead was identified in all six (6) groundwater monitoring wells at concentrations
above the MCL, ranging from 0.016 mg/t to 0.19 mg/l, during the April 2000
sampling event. During the July 2000 sampling event, lead was identified above the
MCL in MW-02(0.023 mg/1), MW-04 (0.027 mg/1),MW-05 (0.045 mg/1), and MW-
06 (0.017 mg/1). In October 2000, only MW-02 (0.028 mg/1), MW-04 (0.028 mg/1),
and MW-05 (0.042 mg/1) had lead in concentrations exceeding the EPA MCL.
Iron was detected in all six (6) monitoring wells and in both surface water samples
at concentrations above the MCL (0.3 mg/1) during each sampling event. However,
iron concentrations decreased all of the monitoring wells except MW-03 from the
April 2000 to the July 2000 sampling event, and maintained relatively the same
levels from the July 2000 to the October 2000 sampling events.
Manganese was identified in all six (6) monitoring wells at concentrations above the
MCL (0.05 mg/1)during each sampling event. In addition, manganese was identified
in one surface water sample, R-1 (0.071 mg/1), during the October 2000 sampling
event.
Nickel was detected above its EPA MCL (0.10 mg/1) in well MW-05 during each
sampling event. However, nickel concentrations in well MW-05 have decreased
from 0.56 mg/1 in April 2000 to 0.17 mg/1 in October 2000.
3.2.4 Sulfate
Sulfate was detected in monitoring wells MW-03,MW-04 and MW-05 at relatively
equal concentrations above the MCL during each sampling event.
3.2.5 pH
The average field measured pH values were consistent for each monitoring well
during each sampling event. Monitoring well MW-02 was below the recommended
pH range of 6.0-9.0 during all sampling events and monitoring well MW-06 was
below the recommended pH range during the April 2000 and July 2000 sampling
events.
9
(K )an1SGL Carbon1Oc2000GW.doc)
HRP 1Specttum,Inc.
4.0 SUMMARY
1. This groundwater monitoring report contains the results of the April 24, 2000, July 6,
2000, and October 12, 2000, water level measurements and groundwater sampling
activities performed at the SGL Carbon facility located in Morganton, North Carolina.
Analytical constituents above EPA MCLs or NCDEHNR GQSs were identified during
one or more of the groundwater sampling events included:
Arsenic;
Cadmium;
Chromium;
Lead;
Iron;
Manganese;
Sulfate;
1,2-Dichloroethane;
cis-1,2-Dichloroethene;
Chloroform; and
Carbon Tetrachloride
Of the constituents listed above, only Manganese did not either decrease in concentration
or maintain a relatively equal concentration from the initial sampling event in April 2000,
to the final sampling in October 2000.
2. Given the "Hazardous Waste Determination of Reclamation Area Materials" report
conducted on material stored in the landfill area on site, the source of the constituents
identified in this report is currently unknown. The only constituent identified in the
Hazardous Waste Determination to also be present above MCL standards during the
April 2000, July 2000, and October 2000 groundwater sampling event was chromium.
Chromium was identified in the"_Clod Material Adjacent to Side Blocks"and the"Used
Acheson Furnace Side Blocks" as denoted in Section L2. No other constituent
identified in the Hazardous Waste Determination was identified above MCL standards
during any of the three groundwater sampling events.
3. It is possible some of the metal constituents identified during the groundwater sampling
event, specifically lead, iron and manganese, may be naturally occurring due to their
identification during each sampling event in water obtained from the upgradient
monitoring well, MW-01.
4. The presence of Volatile Organic Compounds(VO�s),particularly 1,1-Dichloroethane,
and 1,2-Dichloroethane are considered an anomaly. While these volatile organics were
identified during each sampling event,they were-o'hly found in monitoring well MW-04,
a downgradient well. If the industrial solid waste landfill was the suspected source of
these contaminants other downgradient wells, such as monitoring wells MW-05 and
10
(f.•IDanLSCL Carbonl0cf7000CW.dxJ
HRH lSpectncit;I><ic.
MW-03, possibly would have indicated minor concentrations as well. In addition,
surface water samples collected from Silver Creek, a groundwater intercept located
approximately 20 feet downgradient from MW-04, did not show the presence of any
volatile organic compounds during any sampling event. Another possible source may be
a localized "hot spot" adjacent to well MW-04.
X
5. The presence of carbon tetrachloride is considered to be an anomaly. Carbon
tetrachloride was not identified in any sample during the April 2000 sampling event, but
was found only in monitoring well MW-06 during the July 2000 event at a concentration
of 0.006 mg/1 and again only in well MW-06 during the October 2000 event at a
concentration of 0.0034 mg/1. If the landfill were the suspected source of the carbon
tetrachloride other downgradient wells, such as MW-05,possibly would have indicated
minor concentrations of the constituent during one of the sampling events.
l It is of the opinion of SGL Carbon, LLC and HRP/Spectrum, Inc. that additional groundwater
l monitoring events are not necessary at the site for the following reasons.
There are no public or private water supply wells within 1,500 feet of the subject property.
Therefore potential exposure pathways through groundwater at this site is minimal.
Surface water samples collected from Silver Creek, a groundwater intercept located directly
downgradient from the subject property, do not identify concentrations of any constituent
above levels considered to be representative of background conditions at the site (MW-01).
Therefore the ISWL is not adversely impacting groundwater migrating off-site or surface
waters directly adjacent to the subject property.
11
(f IDanISGL Car6on1GcI1000CW.docJ
I-€RP lSpectruyrylnc.
TABLE4
SUMMARY OF ANALYTICAL RESULTS
SGL CARBON CORPORATION
MORGANTON,NORTH CAROLINA
10/12/00
JOB#SGL0703.HG
Ces"_f arame2e 3(mg71)Is 711 0 }}Y02n1lV 03 fT t1)!0_4 A11y,O5ft1\5'_06 -1\iCL(mgA)'=
Elevation(Ft-MSL) 1052.34 1027.29 1012.03 1013.72 1030.55 1048.65 NA NA
P14 7.10 5.41 8.6E 6.34 6.78 6.00 8.88 8.08 6.0-9.0 -
SC(uhoms) 20.00 40.00 1340.00 1460.00 1330.00 20.00 NA NA
Arsenic <0.0050 <0.0050 <0.0050 <0.0050 0.0097 <0.0050 <0.0050 <0.0 550 0.0E
Selenium <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 0.05
Cadmium <0.0020 c0.0020 <0.0020 <0.0020 <0.0020 <0.0020 <0.0020 <0.0020 0.00E
Chromium <0.0050 <0.0050 0.0075 0.035 0.043 <0.0050 <0.0050 <0.0050 0.0E
Lead 0.0072 0.028 <0.0030 0.028 0.042 <0.0030 <0.0030 0.010 0.015
Silver <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 <0.0050 0.018
Barium 0.070 0.66 0.19 0.26 0.23 0.16 <0.025 70.025 2.00
Iron 0.72 2.8 32 43 63 1.9 0.57 0,36 n in
Manganese 0.33 0.40 7.4 5.5 1.8 0.14 0.071 0.043 O.tlS
Nickel <0.040 <0.040 <0.040 <0.040 0.17 <0.040 <0.040 <0.040 0.10
Zinc 0.031 0.041 0.049 0.072 0.53 0.03E <0.020 <0.020 2.10
PAH NO ND ND ND NO ND ND ND Pa ra meter Specifi
Mercury <0.00010 <0.00010M<0-000100010 0.00023 <00 0010 <000010 <000010 00011
Sulfate 1.4 <l- 60 390 10 37 33 25000
1,1-Dichlaroethane <0.001 <0.00124 <0.001 <0.001 <0.001 <-O0.70
1,2-Dichloroethane <0.001 <0001069 <0.001 <0.001 <0.001 <0.001 - 0.011038
Chloroform <0.001 <0.001001 <0.001 0.0011 00013 0.0013 000019
Carbon Tetrachloride <0.001 <0.001001 <0.001 0.0034 <0.001 <0.001 0.0003
All Other\'OC's ND ND ND ND ND ND NO NO Parameter Specie
MCL:EPA Maximum Contaminant Levels(MCLs)
or NCDENR Groundwater Quality Standards(GQS)
Ft-MSL: Feet Relative to Mean Sea Level(Ground Surface) -
SC: Specific Conductance
VOC's: Volatile Organic Compounds
NA: Not Available
NO: Not Detected Above Maximum Contaminant Levels -
R�M"/Specftu n; Inc. 7001 Pelham Road,Suite J • Greenville,SC 2961E • (864)289-0311 • FAX(864)281-9846. 1-800-752-392
TABLES
SUMMARY OF ANALYTICAL RESULTS
SGL CARBON CORPORATION
MORGANTON,NORTH CAROLINA -
07/06/00
FF JOB#SGL0703.HG
jk1`estParameter�(mg/I) UI ,'�,tlY 92;, ,j,ll)..„03 , �;h W-04,,k, M
Elevation(Ft-h4SL) 1052.34 1027.29 1012.03 1013.72 1030.55 1048.65 NA NA
PH 7.40 4.79 6.68 6.24 6.70 5.80 NA NA 6.0-9.0
SC(uhoms) 22.50 32.50 1330.00 1420.00 1310.00 20.00 NA NA
Arsenic <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 0.05
Selenium <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 0.05
Cadmium <0.005 <0.005 <0.p05 <0.005 0.006 <0.005 <0.005 <0.005 0.005
Chromium <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 0.05
Lead <0.015 0.023 <0.015 0.027 0.045 0.017 <0.015 <0.015 0.015
Silver <0.018 <0.018 <O.OIS <0.018 -<p,pl8 <0.018 <0.018 <0.018 0. 118
Barium <LO <L0 <10 <1.0 <1.0 10 <10 <L0 2.00
Iron I-I 1.0 19 31 54 1.2 0.40 0.39 0.30
Manganese0.49 0.5 5.0 5.1 1.3 0.61 <0.05 <0.05 0.05
Nickel <0.10 <0.10 <0.10 <0.10 0.16 <0.10 <0.10 <0.10 0.10
Zinc <2.0 <2.0 <2.0 <2.0 <2.0 Q20 <2.0 <2.0 2.10
PAH <0.010 <0.010 <0.010 <0.010 NONU
.010 <0.010 <0.010- Parameter SpeciB
Mercury <0.0002 <0.0002 <0.0002 <0.0002 .0002 <0.0002 <0.0002 0.0011
Sulfate <I.0 <1.0 670 990 I.0 4.0 3.2 250.09
1,1-Dichloroclhane <0.005 <0.005 <0.005 0.027 .005 <0.005 <0.005
1,2-Dichloroclhane <0.005 <p,005 <0.005 0.011 .005 <0.005 <0.005 0.70
0.00038cis-1,2-Dichloroethene .005 <0.005 <0.005 0.160 .005 <0.005 <0.005 0.07Carbon Tetrachloride <0.005 <0.005 <0.005 <0.005 006 <0.005 <0.005 0.0003All Other VOC's ND ND ND ND D ND ND Parameter Specifi
MCL: EPA Maximum Contaminant Levels(MCLs)
or NCDENR Groundwater Quality Standards(GQS)
Ft-MSL: Feet Relative to Mean Sea Level(Ground Surface)
SC: Specific Conductance
VOC's: Volatile Organic Compounds
NA: Not Available
NO, Not Detected Above Method Detection Limits
R�M
"/Specft=4 hic. 7001 Pelham Road,Suite J • Greenville,SC 29615 • (864)289-0311 • FAX(864)281-9846. 1-800752-39
TABLE2
SUMMARY OF ANALYTICAL RESULTS
SGL CARBON CORPORATION
MORGANTON,NORTH CAROLINA
04/24/00
JOB#SGL0703.HG
fatam termg l) 1?hW b202 Wx03 s ypd 5
Elevation
r) (Ft-MSL) 1055..446 1030.313 1014. ..482 1016.521 1033.521 1051.602
pH 624 .66 644 6.46 6.5 5.50 6.0- 9.0
oms) 76000 750 ]105.00 ]272. 27.SC(uh 50 0 Arsenic <0.05 <0.05 <0.05 <0.05 <0.05 0.055 0.05
Selenium <0.01 <0.01 <0.01 <0.01 0.024 <0.01 0.05
° Cadmium <0,005 <0.005 <0.005 <0.005 0.013 0.006 0.005
Chromium <0.05 .0.05 <0.05 <0.05 0.28 0.13 0.05
Lead 0.017 0.046 0.016 0.025 0.19 0.079 0.015
Silver <0.018 <0.018 <0.018 <0.018 <0.018 <0.018 0.018
Barium 71.0 L.2 <1.0 <1.0 1.6 2.00
Iron 13 14 16 38 160 98 0.30
Manganese 1.1 1.0 1.1 4.3 3.2 3.6 0.05
Nickel <0.10 <0.10 <0.10 <0.10 0.56 <0.10 0.10
Zinc Q:0 <2.0 <2.0 <2.0 2.10
PAH en Ain <0.010 <0.010 <0.010 <0.010 <0.010 Parameter Specific
Mercury <0.0002 <0.0002 <0.0002 <0.0002 0.0006 <0.0002 0.0011
Sulfate 1.3 <],0 350 690 500 <1.0 250.00
1,1-Dichloroethane <0.005 <0.005 <0.005 0.015 <0.005 <0.005 0.70
1,2-Dichloroethane <0.005 <0.005 <0.005 0.005 <0.005 <0.005 0.00038
cis-1,2-Dichloroethene <0.005 <0.005 <0.005 0.072 <0.005 <0.005 0.07
All Other VOC's ND ND ND ND ND ND Parameter Specific
MCL: EPA Maximum Contaminant Levels(MCLs)
or NCDEHNR Groundwater Quality Standards(GQS)
Ft-MSL: Feet Relative to Mean Sea Level
SC: Specific Conductance
VOC's: Volatile Organic Compounds
ND: Not Detected Above Method Detection Limits
11"ISpe UUII; IRC. 7001 Pelham Road,Suite J • Greenville,SC 29615 • (864)289-0311 • FAX(864)281-9846 . 1-800-752-39
SGL CARBON CORPORATION
Morganton,North Carolina Plant
RECLAMATION AREA MATERIA
TCi P SAMPLTN
November,1995
s
Hazardous Waste Determination I Conclusion
(Characteristic)
Samolc Desscrltntion Datc Samnlcd Samnlel D No I itability Corrosivity Reactivity Toxicity HAZWASTI
Lagoon Sediment 11/16/95 SGL-01 No No No No o
Green Scrap
11/16/95 SGL-02 No No No No ,-
=i Rebake Ash 11/16/95 SGL-03 No No No No a. a
Used Recirculation Foe.Brick 11/16/95 SGL-04 No No No NO. o
Material Mmedb Cambro 11/16/95 SGL-05 No No No No o
P.I.Scrap Material 1I116195 SGL-06 No No No No 0
Used Acheson Fce_Head Fines U/17/95 SGL-07 Nb No No No o WE
Clod Material Ad.to Side Blocks 11/17/95 SGL-08 No No No No o
Used Acheson Fee.Side Blocks 1 1120/95 SGL-09 No No No No g F
" Reclamation material samples were collected by A.Jerry Miller,
Analysis was performed by Environmental Testing and Consulting,•Inc.
winu123r4Vc1p
MONITORING WELL DIAGRAM
STEEL PROTECTIVE RISER �1 �
Project Name: D O ///i
Monitoring Well IDII: ts —D 1
Facility Name: cS�i L ¢ h'Oi(J Date:_ C/—/Cq -o 0
Location: IV46_1. 1vyw N� Depth to Water: I�•
i
_ Stick-Up Riser Pipe:
Type of Surface Seal: d�CC'j2TC�
it
Riser Pipe I.D.: Z
Type of Riser Pipe:
Borehole Diameter:
Types of/Baekffill:
Depth to Top of Seal: / J-'7—
lype of Seal: �L • �
...*_Depth to Top of Sand, Pack: _
Depth to Top of Screen:
Screen I.D.: V n d
Type of Screen:
Length of Screen:
Depth to Bottom of Screen: J 0 �
} Depth to Bottoa of Hole: a0 c — -
HRP/Spectrum, Inc.
• r�
MONITORING WELL DIAGRAM
STEEL PROTECTIVE RISER
Project Name: d v , //o�- Monitoring Well ID#: /1AW-0 �
Facility Name S(rL G4rL,). Date:
Location: /✓er/n r /VG Depth to Water:
_ Stick-Up Riser Pipe: 3-r7
i Type of Surface Seal: --�-
i
li
!!
Riser Pipe L D.:
Type of Riser Pipe:
.Sc// Sow
Borehole Diameter:
Type of Backfill: -/
19 z.4„� ( Elvt�NT
Depth to Top of Seal:
Type of Seal:
..."Depth to Top of Sand.Pack:
Depth to Top of Screen: �(� (-y-
$seen I.D.:
Type of Sc
rcen: L
Length of Screen• /0(^{-
Depth to Bottom of Sereer: �72 C
"•° Depth to Bottom of Hole: G�TT
H.PP/Spectrum, Inc.
MONITORING WELL DIAGRAP4
STEEL PROTECTIVE RISER
Project Name: S(r 7Q<, mi - Monitoring Well ID#:
Facility Name: �( Date:_ v
Locatiom. A Jl _ Depth to Water:
Stick-Up Riser Pipe:
i Type of Surface Seal:�P��, �
i -
Ae
Riser Pipe S.D.:
Type of Riser Pipe:
�y/e
Borehole.Diameter: o
Type of sackfill:
Depth to Top of Seal:
Type of Seal:
_ .. _Depth to Top of Sand Pack: J t/—�I!
Depth to Top of Screen: S C_
Screen I.O.:
Type of Screen:
Length of Screen: o
_ Depth to Bottom of Screen:
Depth to Bottom of Hole:
HRP/Spectrum, Inc.
MONITORING \JELL DIAGRAM
STEEL PROTECTIVE RISER
Project Name: •/,-CU Uzi]--6r Monitoring Well ID#: /✓l( J-pt�
Facility Name:— (kL Ca-e&j,,� Date:
Location• /&Iff�1 Depth to Water:
_ Stick-Up Riser Pipe: .
1 1 Type of Surface Seal: Ceram-L811+—
1
� 1
/r
Riser Pipe I.D.:
Type of Riser Pipe:
SG Ff. $o �UL
Borehole Diameter:
Type of 8aekfill:
Depth to Top of Seal:
Type of Seal:
...�—Depth to Top of Sand Pack:
Depth to Top of Screen:
Type of Screen:
Length of Scren: �U F-/—e
Depth to Bottom of Screen: �7
Depth to Bottom of Hole:
HRPISpectrum, Inc.
MONITORING WELL DIAGRAM
STEEL PROTECTIVE RISER
Project Name: (r( p f{ Monitoring Well IDN: /hw — n 5-
Facility Name:
�/ 64/LZOh1 Date y-/o - o 0
Location: /Ue� Depth to Water: ��/ 16+
_ Stick-Up Riser Pipe: :?,C
Type of Surface Seal: re_+
I -
It
Riser Pipe I.D.: z
Type of Riser Pipe:
Se/f. 9LO �yL
Borehole Diameter:. /le
Type of//Baekfill:
_ P(TISraP eew�,i�fi
Depth to Top of Seal: II le-7 r
Type of Seal: �.[JN ,,,,• $ ��-f-a
_ ..•.—Depth to Top of Sand Pack:
Depth to Top of Screen:
e
G /(
Screen X.D.-
Type of Screen:
Length of Screen: /Q
Depth to Bottom of Screen: c�/'+ �
°W. Depth to Bottom of Hole: .7 J 'J'�f—
' HRPISpectrum, Inc.
MONITORING WELL DIAGRAM
STEEL PROTECTIVE RISER
Project Name: S( L b703, H& Monitoring Well ID#: W -p
Facility Name: �(r( ���QSnN Date:
Location:—&-n 4i /UG. Depth to Water:
Stick-Up Riser Pipe: <'1
' Type of Surface Seal: C7"sc -
Riser Pipe I.D.: L
Type of Riser Pipe:
St-#, kD PUc
Borehole Diameter:
g /r
'type of Backfill:
Depth to Top of Seal: D
Type of Seal:
. •~_Depth to Top of Sand Pack:
Depth to Top ofscreen-
Z Screen I.D.:
Type of Screen: py((: r
Length of Screen- /0- 7C —
Depth to Bottom of Screen:
Depth to Bottom of Hole: ETC
HRP/Spectrum, Inc.
FEB-21-2002 THU 12:30 PM 1 FAX N0, P. 01
Facility NPDES Test Date ITest Result Comp L
SGL Carbon, LLC NC0005258/001 12/3/01 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 9/10/01 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 6/4/01 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 315/01 Ceri7dPF Pass C
SGL Carbon, LLC °y NC0005258/001 1214100 Ceri7dPF Pass C
SGL Carbon, LLG NC0005258/001 10/16/00 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 9/30/00 No Test NR NR
SGL Carbon, LLC NC0005258/001 7110/00 Ceri7dPF Pass C
SGL Carbon, LLC NC00052581001 6/30100 No Test NR NR
SGL Carbon, LLG a e Uo e NC0005258/001 5/1100 Cer17dPF Pass C
SGL Carbon, LLC ° LL a M NC0005258/001 3/13/00 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 1/31/00 Ceri7dPF Pass C
SGL Carbon, LLG tod. NCO0052581001 12/31/99 No Test NR NR
SGL Carbon, LLC IsNG0005268/001 9/13/99 Ceri7dPF Pass C
SGL Carbon, LLC AMc NG0005258/001 6/7/99 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 311/99 Ceri7dPF Pass C
SGL Carbon, LLC NC00052581001 12/2198 Ceri7dPF Pass C
SGL Carbon, LLG NC0005258/001 10/5/98 Ceri7dPF Pass C
SGL Carbon, LLC c NC0005258/001 9/29/98 Ceri7dPF Late
SGL Carbon, L,LC a° NC0005258/001 6/22/98 Ceri7dPF Pass C
SGL Carbon, LLC NCO005258/001 3/16/98 Ceri7dPF Pass C
SGL Carbon, LLC N00005258/001 12/8/97 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 918/97 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 717/97 Cer117dPF Pass(s) C
SGL Carton, LLC NC0005258/001 6/9/97 Ceri7dPF Fail NC
SGL Carbon, LLC NC000525B/001 3110/97 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 1212196 Ceri7dPF Pass C
SGL Carbon, LLC -Z f q IO NC0005258/001 10/20/96 Ceri7dPF Pass C
SGL Carbon, LLC n NC0005258/001 9/25/96 Cer17dPF Fat
SGL Carbon, LLC ,I 41)-I1 L CCC► 7 9616 NC0005258/001 7/8/96 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 6/3/96 Ceri7dPF NR/Fail NO
SGL Carbon, LLC / NC00052581001 3/4/96 Ceri7dPF Pass C
SGL Carbon, LLC f N00005258/001 12/11/95 Ceri7dPF Pass C
SGL Carbon, LLC )4w N00005258/001 9/11/95 Ceri7dPF Pass C
SGL Carbon, LLC S N00005258/001 6/5/95 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 4/10/95 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 3/20/95 Ceri7dPF NR/Fail NO
SGL Carbon, LLC NC00052581001 12/19/94 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 9/26/94 Ceri7dPF Pass G
SGL Carbon, LLC N00005258/001 6/6/94 Ceri7dPF Pass C
SGL Carbon, LLC I NC0005258/001 3/7194 Cori7dPF Pass C
SGL Carbon, LLC N00005258/001 12/15/93 Cer17dPF NH/Pass C
SGL Carbon, LLC NC0005258/001 9113/93 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 6/7/93 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 3131/93 Ceri7dPF Pass C
SGL Carbon, LLC NC0005268/001 12/2/92 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 9/2/92 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 7/8/92 Ceri7dPF Pass C
SGL Carbon, LLC NC0005258/001 6/30/92 No Test NR NR
SGL Carbon, LLC N000052581001 3/1/92 Pass
SGL Carbon, LLC NC0005258/001 12/1/91 Pass
SGL Carbon, LLC NC0005258/001 9/1/91 Pass
WATF
`OHOF RpG Michael F.Easley
Governor
t9-• William G. Ross,Jr.,Secretary
Department of Environment and Natural Resources
Y Alan W.Klimek,P.E.,Director
Division of Water Quality
November 26,.20W
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.Daniel Giroux
SGL Carbon Corporation
PO Box 40
Morganton,North Carolina 28680
SUBJECT: NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No.NC0005258
SGL Carbon Corporation WWTP
Burke County
Dear Mr.Giroux:
This is to inform you that the Environmental Sciences Branch has not received your toxicity self-
monitoring report form for the month of September 2002. This is in violation of Title 15A of the North
Carolina Administrative Code,Chapter 2,Subchapter 2B,Section.0506(a)(1)(A) which states that
"monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for
which the report was made."
You will be considered noncompliant with the reporting requirements contained in your NPDES
Permit for the month of September 2002 until you make acceptable demonstration to the Environmental
Sciences Branch that the report form was submitted to this office within the required 30 day reporting
period. In addition,if within the next twelve(12)months,future reports are not received within the
required time frame,you may be assessed a civil penalty.
Your Discharge Monitoring Report did not indicate that toxicity testing was performed during
September. I encourage you to carefully review your NPDES Permit and associated toxicity test condition
language.
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice,
please contact Mr.Kevin Bowden with the Aquatic Toxicology Unit at(919)733-2136.
Sincerely,
Overton
Assistant Water Quality Section Chief
for Environmental Sciences
cc: Forrest Westall-Asheville Regional Office
Keith Haynes-Asheville Regional Office
Aquatic Toxicology Unit Files
Central Files
NME
Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919)733-2136
800 623-7748
WHOLE EFFLUENT TOXICITY MONITORING AN)r. RORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information. The items below do not address or include
all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions
about your toxicity testing requirement,please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at(919)733
2136 or another Unit representative at the same number. .
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forms are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered(with the
appropriate parameter code)on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh,NC 27699-1617 -
IN ADDITION
Toxicity test data(original"AT"form)must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period(eg,January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the
permit limit,then at least two multiple concentration toxicity tests(one per month)will be conducted over the following two
months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December,then toxicity testing must be conducted during these months).
➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required,then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing this monthly test requirement,the permittee will
revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language.
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30,
then you mast provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year. -
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was
invalidated and the date when follow-up testing will occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs,you should complete the
information block located at the top of the AT form indicating the facility time, permit number, pipe number, county and
- the month/year of the subject report. You should also write`No Flow"on the AT form,sign the form and submit following
normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge(ORC)except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT
form. The AT form must also be signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality,you may consider submitting
Your toxicity test results certified mail return receipt requested to the Environmental Sciences Branch.
OQ WATFR,_, Michael F.Easley,Governor
C1 Q William G.Ross Jr.,Secretary
� G /( North Carolina d Iment of Environment and Natural Resources
O
r / Gregory J.Thorpe,Ph.D,
Acting Director
/ Division of Water Quality
August 27, 2001
609
Mr. David R. Wessinger
SGL Carbon, LLC
PO Box 40
Morganton, NC 28680-
SUBJECT: Initial Wastewater/Groundwater Laboratory Certification
Dear Mr. Wessinger:
The Department of Environment and Natural Resources, in accordance
with the provisions of NC GS 143-215.3(a) (10), 15 NCAC 2H .0800, is
pleased to certify your laboratory to perform specified environmental
analysis required by EMC monitoring and reporting regulations 15 NCAC
2B .0500 and 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through
.0800.
A certificate acknowledging the certification of your laboratory is
enclosed for your use. The certificate describes the requirements and limits
of your certification. Please review this certificate to insure that your
laboratory is certified for all parameters required to properly meet your
certification needs.
Please contact us at 919-733-3908 if you have questions or need
additional information.
Sincerely,
Steve W. Tedder
Chief, Laboratory Section
Enclosure -------
cc: James W. Meyer
Gary W. Francies AUG 2 9 1001
Asheville Regional Office
Lr; )RATORY SECTION
ASHEVILLE REGIONAL OFFICE
�DEM1�'R
Laboratory Section N.C.Division of Water Quality 1623 Mail Service Center Raleigh,NC 27699-1623 (919)733-3908
FAX: 919-733-6.241 Internet: www.esb.enr.state.nc.usllab
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Attachment 1
North Carolina Wastewater/Groundwater Laboratory Certification
Certified Parameters Listing
Lab Name: SGL Carbon, LLC Certificate Number: 609
Address: PO Box 40 Effective Date: 08/27/2001
Morganton,NC 28680- Expiration Date: 12/31/2003
Date of Last Amendment:
The above named laboratory,having duly met the requirements of 15A NCAC 21-1.0800,is hereby certified for the measurement of the parameters listed below.
CERTIFIED PARAMETERS
INORGANIC
OIL&GREASE-413.1
pH
RESIDUE, SUSPENDED
This certification requires maintance of an acceptable quality assurance program,use of approved methodology,and satisfactory performance on evaluation samples. Laboratories are
subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 21-1.0807.
State of North Carolina
Department of Environment
and Natural Resources • •
Division of Water Quality
James Hunt, Jr., Governor IL
NCDENR
Bill Holman, Secretary
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 13, 2000
MR. DANIEL GIROUX
P.O. BOX 40
MORGANTON, NC 28680
SUBJECT: PAYMENT ACKNOWLEDGEMENT
CIVIL PENALTY ASSESSMENT
S G L CARBON CORPORATION
BURKE COUNTY
PERMIT NO: NC0005258
LT 00-007
Dear Mr. Giroux:
This letter is to acknowledge receipt of check No. 2028 in the amount of $500.00 received from
you dated December 12, 2000. This payment satisfies in full the civil assessment levied against
the subject facility and this case has been closed. Payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable Statutes, Regulations or Permits.
If you have any questions, please call Rob Lang at (919) 733-5083.
Sincerely,
E. Shannon Langley, Supervisor
Point Source Compliance/Enforcement Unit
Cc: Enforcement File #: LT 00-007
ARORegional Office Supervisor
Central Files 2 2
1617 Mail Service Center,Raleigh,NC 27699-1617 Telephone 919-733-SO83 Fax 919-733-9612
An Equal Opportunity Affirmative Action Employer SO% recycled/10% post-consumer paper
State of North Carolina "
Department of Environment =
and Natural Resources
Asheville Regional Office
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary
NORTH CAROLINA DEPARTMENT OF
Kerr T. Sevens, Director WATER QUALITY SECTION ENVIRONMENT AND NATURAL RFSOURCEs
Division of Water Quality
October 12 , 2000
MEMORANDUM
TO: Tom Belnick
NPDES Permits �
THROUGH: Forrest R. Westall VV
Water Quality Regio al Supervisor
FROM: Jim Rei
Ashevil1 ional Office
SUBJECT: Draft Permit - pH Limit
NPDES Permit Number NC0005258
Sigri Great Lakes Carbon Group
Burke County
Mr. Jerry Miller of Sigri Great Lakes Carbon Company called this date
and requested that a pH limit not appear in the Company' s final permit .
Regional staff support the request to have no pH limit . Attached
please find an 'IMP" summary of Sigri' s monitoring data showing no pH
values of concern.
Also attached are copies of previous correspondence regarding a pH
limit for the Company. Please note that the Company' s IWC is now
around 100 (versus 251- previously) which further reduces the likelihood
of any in-stream pH problems.
Your assistance with this matter is appreciated. If there are
questions, please contact me at telephone number 828-251-6208 .
Enclosure
xc : w/attachments : Jerry Miller, Sigri
59 WoodSn Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
PKEX88/MP 10/12/2000
COMPLIANCE EVALUATION ANALYSIS REPORT PAGE 1
- -- ---- - -- 0 - _..---
PERMIT--NC000525.8 PIPE--001 REPORT PERIOD: 9909--0008- ---LOC---E
'AGILITY--SGL CARBON CORPORATION DESIGN FLOW-- . 0000 CLASS-0
,OCATION--MORGANTON REGION/COUNTY--01 BURKE
50050 00530 TGP3B 00010 00400 00556 01042
[ONTH Q/MGD RES/TSS CERI7DPF TEMP PH OIL-GRSE COPPER
LIMIT NOL F 30 . 0 NOL NOL NOL F 10 . 000 NOL
,9/09 1 . 2666 1 . 0 1 26 . 00 7 .1-7 . 1 1 . 500 13 . 0000
,9/10 1 . 1900 1 . 0 22 . 21 7 . 8-6 .8 1 . 000 6 . 0000
9/11 1 .4350 2 . 5 8 . 7-7 .1 3 . 000 7 . 0000
9/12 1 . 5619 1 . 0 1 16 . 39 8 . 3-8 . 0 2 . 000 17 . 0000
0/01 1 . 8095 1 . 0 13 . 81 1 . 000 19 . 5000
0/02 1 . 6047 2 . 0 13 . 69 7 .4-7 . 1 1 . 500 7 . 0000
i
0/03 1 . 6043 1 . 0 1 15 . 95 7 . 6-7 .3 4 . 000 15 . 0000
0/04 1 . 9947 1 . 5 17 . 62 7. 7-7 .4 1 . 000 5 . 0000
1 0/05 1 .5181 2 . 0 1 21 . 73 7 .4-6 . 5 3 . 000 11 . 0000
_i 0/06 1 . 3727 1 . 0 23 . 05 7 . 3-6 . 6 2 . 500 5 . 0000
0/07 4 . 2842 1 . 5 1 21 . 48 8 . 2-6 . 6 3 . 500 10 . 8000
0/08 2 . 8565 1 . 0 21 . 88 8 . 2-7 .7 2 . 000 8 . 9000
I
NERAGE 1 . 8748 1 . 3 1 19 . 43 2 . 166 10 .4333
i [AXIMUM 5 . 8000 4 . 0 1 29 . 80 8 . 750 6. 000 19 . 5000
' [INIMUM . 9000 1 . 0 1 8 . I0 6 . 510 1 . 000 5 . 0000
NIT MOD MG/L PASS/FAI DEG. 0 SU MG/L UG/L
State of North Carolin� 1 `
Department of Environment,
Health and Natural Resources `
Division of Water Quality
James B. Hunt,Jr., Governor �®
Jonathan B. Howes, Secretary O C H A ,p
A. Preston Howard, Jr., P.E., Director C , V fZ
Asheville Regional Office
December 23 , 1996
MEMORANDUM
TO: Dave Goodrich
NPDES Permits cJ�
THROUGH: Forrest R. Westall
FROM: Jim Reg egional Office
SUBJECT: Minor Modification
NPDES Permit Number NC0005258
Sigri Great Lakes Carbon Group
Burke County
Attached please find a copy of Great Lakes Carbon Company' s
request (along with copy of $100-check which has been deposited)
for a minor permit modification. . The permittee requests removal
of the 6-9 pH limitation in their permit. The company discharges
non-contact cooling water (obtained from the City of Morganton's
potable water distribution system) .
Due to Great Lakes Carbon Company' s proximity to Morganton' s
water treatment plant, the pH of the potable water entering the
non-contact cooling system exceeded pH 9 (being 9 .2 or 9 .3) on
two or three occasions during 1996 . The Company does not want to
violate the pH limitation for their non-contact cooling water
discharge as a result of factors over which t)iey haven controsl�. /
Since Great Lakes Carbon Co $ ~ � V, ? � ice</ Pd
Corporation' s IWC i .� and since the iZ-ao
potable water is not highly buffered, there is no reasonable
likelihood of downstream pH problems should Great Lakes Carbon's 1/Lr2
discharge infrequently and slightly exceed pH 9 . Regional staff
recommend modifying Great Lakes Carbon Corporation's monitoring
program by removing the pH limit. Allow the monitoring
requirement for pH to remain. See attached MP printouts. for 1/94
11/96 ; the Company has not reported any pH violations during
that period.
Your assistance with this matter is appreciated. If there are
questions, please contact me at telephone number 704-251-6208 .
Interchange Building,59 Woodfln Place NC FAX 704-251-6452
Asheville,North Carolina 28801 %r An Equal Opportunity/Affirmative Action Employer
Voice 704-25"208 50%recycles/10%post-consumer paper
SGL CARBON GROUP
December 02, 1996
Mr. rim Reid 0
Environmental Chemist
Water Quality Section
Division of Environmental Management L\
59 Woodfin Place ,�unttty s G '� ca
N. C. 28801
Asheville,
Dear Mr. Reid:
SGL Carbon Corporation's NPDES Permit No. NC0005258, "Effluent Limitations and
Monitoring Requirements Final", states that the e$luent pH shall not be less than 6.0 nor
greater than 9•0 standard units and shall be monitored weekly at the effluent by grab.
Consistently, the pH of city water coming into the facility exceeds 9.0 due to the close
1 proximity Of the facility to the City's water treatment plant. Consequently, we fear that the
possibility of exceeding the average pH of 9.0 stated above exists.
SGL Carbon Corporation request this limitation be deleted from the permit requirements
or be modified to provide a more flexible operational range.
your timely response to this request will be greatly appreciated.
If you have any questions, please contact Mr. Jack Poteet, Plant Manager, Mr. Marvin
Jones, Plant Engineer, or Mr. Jerry Miller, Environmental Supervisor, at 704-437-3221.
Thank you.
Sinc
0onmental
r, CFEP
Supervisor
cc: Jack Poteet Administration
Marvin Jones Engineering
rum Johnson Lab
Engineering Files sGL CARBON CORPORATION
Morganton
P.O.Box 40
Morganton,NC 28680-0040
Phone(704)437-3221
Fax (704)432-5885
610
SGL CARBON GROUP
October 13, 2000
Mr. Jim Reid, Environmental Chemist
Water Quality Section
Division Of Environmental Management
59 Woodfin Place
Asheville, N. C. 28801
Dear Mr. Reid:
The recent draft NPDES permit for SGL Carbon, LLC, Permit No. NC0005258, had
included a pH range of 6.0 to 9.0. An application for removal of this limit range was sent
in 1996 and was granted. SGL's close proximity to the water treatment plant has
demonstrated that the pH of incoming water can exceed 9.0. We wish to have the
limitation removed on the renewed permit.
Also, please note the name of the facility is now SGL Carbon, LLC. Please use this name
on the new permit.
Thanks.
Sincerely,
A. Jerry Miller, REM
Environmental Supervisor
v �
th /
SGL CARBON,LLC
307 Jamestown Road
Morganton,NC 28655
Mailing Address:
P.O.Box 40
Morganton,NC 28680-0040
Phone(828)437-3221
Fax (828)432-5885
✓ - \ I \ C\<
Division of Water Quality
August 17, 2000
MEMORANDUM
To: Jim Reid,ARO WQ
Mike Myers,NPDES
Through: NA
From: Tom Belnick
Subject: Review of Draft NPDES Permit
NC0005258;SGL Carbon;Burke County
Jim/Mike- This is a Major renewal which needs Region concurrence before Public Notice. Please
review/comment by Sept. 13. No big issues that I could see at this point.
Note: The permitte must still submit a priority pollutant analysis for the renewal. PIl hold off on
noticing until I receive that data and review. If there are any needed changes to the draft based on the
priority pollutant data, III let you know what they are. Thanks.
NCDENR / DWQ
FACT SHEET FOR NPDES PERMIT DEVELOPMENT
SGL Carbon Corporation
NPDES No. NC0005258
_ � a
(1.) Facility Name: SGL Carbon Corporation
(2.) Permitted Flow,MGD: NA (6.) County: Burke
(3.) Facility Class: NA (7.) Regional Officer Asheville
(4.) Facility Status: Existing (8.) USGS Topo Quad: E12NW
(Morganton
South)
(5.) Permit Status Renewal
(1.) Receiving Stream: Silver Creek
(2.) Subbasin: 030831 (S,) Drainage Area(mi2): 49.90
3. Index No.: 11-34-6.5 9. Summer 7 10 cfs 20.9
(4.) Stream WS-fv (10.)Winter 7Q10 (cfs): 24.7
Classification:
(5.) 303(d) Listed: NO (11.) 30Q2 (cfs): 34.2
(6.) 305(b) Status: (12.) Average Flow(cfs): 74.80
(7.) Use Support: (13.) IWC (%): 10
Conditions Incorporated into Permit Renewal
s• e :! rir_:. � sAue� .S A}i5 v:� r.4 ^v e e ,kP
1 Change tox language to Chronic Toxicity Test Tox Policy updated 7/99
1 reflect updated Tox Policy
Increase test concentration Chronic Toxicity Test Based on 1WC= 12.9% at max
from 10% to 13% monthly avg. discharge of 2.0
MGD for period 1/99-6/00.
Concurrence received from
Aquatic Tox Unit.
Change permit expiration Expiration Date Per Basin Planning Schedule
date to 2/28/05
I
NPDES PERMIT FACT SHEET SGL Carbon Corporation
Page 2 NPDES No. NC0005258
PROJECT NOTES
Summary
• SGL Corp. is a MAJOR primary industry (SIC 3624- Graphite Products). Facility
produces 4.7 million pounds of graphite per month, primarily graphite electrodes
for use in the steel industry. Facility's average wastewater discharge is 0.6 MGD
of non-contact cooling water and 0.6 MGD of contact cooling water. Domestic
wastewater is piped to the municipal POTW. There is no wastewater treatment
system onsite. There are no applicable effluent guidelines for production of
graphite electrodes.
• Discharge is to Silver Creek>Catawba River. Silver Creek is not 303d listed. In
the 1999 Basin Plan, Silver Creek was listed as Support Threatened with nonpoint
sources listed as major source. There are no management strategies specified for
this stream.
Permit History/Issues
• In 1993 the limits for nickel and toluene, and monitoring for chromium were
deleted based on RPA.
• In 1997, pH limit (6-9) was deleted due to occasional high-pH source water
supplied by City of Morganton WTP, but weekly monitoring was retained. No
problems reported over past year (see DMR Summary).
• In 1999, 1WC was changed (as well as chronic tox test concentration) from 24% to
10% to reflect decrease in water usage from 4.3 MGD to 1.5 MGD. For period
1/99-6/00, average flows have ranged from 1.3-2.0 MGD. At 2 MGD, IWC = 13%.
Increase effluent testing concentration to 13% for chronic toxicity in new permit.
• Current permit has effluent limits for TSS (secondary), O&G (BPJ), and chronic
toxicity. NPDES recommends permit renewal with same limits. Maintain
monitoring for copper, since RPA indicates potential to exceed the action level;
however, per Action Level Policy, no limit is assigned since toxicity testing has not
indicated a toxic problem.
• Permittee needs to be instructed to include "<" value in DMRs when
concentrations are reported below the minimum quantitation level (MQL). They
are currently reporting the MQL value only, which may be incorrectly interpreted
as a hit.
DMR Data.
• Chemical. For period 1/99-6/00, average monthly values have ranged as follows:
flow (1.3-2.0 MGD); 1-3 mg/1 (TSS); 1-4 mg/1 (O&G). pH has always been within
6-9 range. Up/down temperature monitoring has indicated no problems;
downstream temps have generally increased by 1°C.
• Toxic i . Between 96/97, chronic tox test passed 8 of 10 times. Between
1998/00, chronic tox test passed 10 of 10 times.
WI.A Data.
• Last WLA performed in 1994; no modeling associated with effort.
Region Data.
Page 2
Version: August 17,2000
C
NPDES PERMIT FACT SHEET SGL Carbon Corporation
Page 3 NPDES No. NC0005258
Proposed Schedule for Permit Issuance
Draft Permit to Public Notice: 9/20/00
Permit Scheduled to Issue: 11/6/00
State Contact
If you have any questions on any of the above information or on the attached
permit, please contact Tom Belnick at (919) 733-5038; extension 543.
Copies of the following are attached to provide further information on the permit
development:
• Reasonable Potential Analysis (majors only)
• Existing permit effluent sheets with changes noted (existing facilities only)
• Draft Permit
NPDES Recommendation by-.
MoInnfivrp
Regional Office Comments --//
C /
c2PseK�it<7c l� l�Al
ez, le—
Regional Recommendation �Le �.G't /- ✓/- i
Si ature Date
Reviewed and accented by:
Regional Supervisor: q��
Si a ure D e
NPDES Unit Supervisor:
Signature Date
Page 3
Version: August 17,2000
State of North Carolina
Department of Environment
and Natural Resources ;
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary
Kerr T. Stevens, Director
Month xx, 2000
A. Jerry Miller, Environmental Supervisor
SGL Carbon Corporation
P.O. Box 40
Morganton, North Carolina 28680
Subject: NPDES Draft Permit
Permit No. NC0005258
SGL Carbon Corporation
Burke County
Dear Mr. Miller:
Please find enclosed the DRAFT permit for the subject wastewater treatment plant for your
review and comment. The DRAFT permit includes the following items:
The chronic toxicity testing language has been updated to reflect the new multiple
concentration follow-up testing requirements upon any single failure.
• The chronic toxicity test concentration has been increased from 10%to 13%, based on
a maximum monthly average discharge of 2.0 MGD reported for April 2000.
• The permit expiration date has been changed to 2/28/05.
• For DMR submission, the permittee should include the less than symbol "<" along with
the minimum quantitation level (MQL) value whenever the lab reports concentrations as
< MQL. If this is not done, the reported MQL value may be interpreted as a true
detection.
Please provide any comments you have regarding the draft permit to this office by
Month as, 2000. At this time, the Division is also publishing a notice in the newspapers of
general circulation in Burke County, inviting public comment on the draft permit. Following
the 30-day comment period, we will review all pertinent comments received and take
appropriate action on the permit renewal.
If you have any questions concerning the draft permit or the other requirements for your
facility, please call me at (919) 733-5083, extension 543.
Sincerely,
Tom Belnick
NPDES Unit
cc (w/ DRAFT permit):
NPDES Files
EPA
DEH
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)733-0719
An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET @ www.encstate.nc.us
j Permit No. NC0005258
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
z PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
SGL Carbon Corporation
is hereby authorized to discharge wastewater from a facility located at
SGL Carbon Corporation
307 Jamestown Road
Morganton, North Carolina
Burke County
j to receiving waters designated as Silver Creek in the Catawba River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III,
and IV hereof.
The permit shall become effective Month xx, 2000
_ This permit and the authorization to discharge shall expire at midnight on February 28, 2005.
Signed this day Month xx, 2000
DRAFT
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. NC0005258
SUPPLEMENT TO PERAUT COVER SHEET
SGL Carbon Corporation
is hereby authorized to:
1. Continue to discharge untreated contact and non-contact cooling water
from a facility located at SGL Corporation, 307 Jamestown Road,
Morganton, Burke County, and;
2. Discharge via Outfall 001 into Silver Creek, a Class WS-IV water in the
Catawba River Basin, at the location specified on the attached map.
-3wum4r
E
42
ER
i1i '$ 9 $ — /
MEADOW
reek -_
9 5 I I (��1 , ' �. ,J 1 �—�-soon— — /\l z= �;•
ILI
_\ is a may• / �' .i�y
iw
"0 1�63 ° Calvin I.
o a
S
C 4'
Existing
Discharge Point
.-
•t. l
i
J
N 6
( —�
y � - r
------------
r •s�r rl .•- t
.VJ
I 1
I /
rasa • ./
a
i
b V.- °.> �'."^.ti. •. \ \ — lye i \
"'•�:�. e._/ sv 1,� •_1'V'!- \�\ • , \': 1'•\-Y/ i 1 \ �I` �•r
Latitude: 350 43'41" w , SGL Carbon Corporation
Longitude: 810 43'45" tV
USGS Quad#: E12NW Burke County
River Basin#: 03-08-31 NC0005258
Receiving Stream: Silver Creek
Stream Class: WS-1V
Permit No. NC0005258
SECTION A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge
contact and non-contact cooling water from Outfall 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
z
i r
Flow(MGD) Daily Instantaneous E
Temperaturez Daily Grab E, U, D
Total Suspended Residue 30.0 mg/1 45.0 mg/1 2/Month Composite E
Oil and Grease 10.0 mg/1 15.0 mg/I 2/Month Grab E
Copper Monthly Composite E
PH3 Weekly Grab E
Chronic Toxicity¢ Quarterly Composite E
Notes:
1. Sample locations: E-Effluent, I-Influent. U- Upstream 100-feet above outfall, D- Downstream 300-Feet below
outfall.
2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving
stream of more than 2.80C and in no case cause the ambient water temperature to exceed 290C.
3. The pH shall of the effluent not be less than 6.0 standard units nor greater than 9.0 standard units.
4. Chronic Toxicity (Ceriodaphnio) at 10%; March,June,September, December; refer to Special Condition A(2).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Permit No. NC0005258
SUPPLEMENT TO EFFLUENT LINIITATIONS
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS
A(2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubta at an effluent concentration of 10%.
The permit holder shall perform at a minimum, ouarteriu monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised-February 1998) or subsequent versions.The tests will be performed during the months of March,
June, September, and December. Effluent sampling for this testing shall be performed at the NPDES
permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit, then multiple-concentration testing shall be performed.at a minimum, in each of the two
following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction-or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter
code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3
(original)is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test
form indicating the facility name, permit number, pipe number, county, and the month/year of the report
with the notation of "No Flow' in the comment area of the form. The report shall be submitted to the
Environmental Sciences Branch at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring
will be required during the following month. Should any test data from this monitoring requirement or
tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving
stream, this permit may be re-opened and modified to include alternate monitoring requirements or
limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later than
the last day of the month following the month of the initial monitoring.
REASONABLE POTENTIAL ANALYSIS
Pre ared b : To Belnick, 8/15/00
n k
Facility Name= SGL Carbon o MEc1Tf
NPDES#= NC0005258 O ot
Dw(MGD)= 2 —fpvo
Qw cfs = 3.0944
7Q10s cfs)= 20.9 O
IWC(%)= 12.92
Chronic CCC w/s7Q10 dil. Acute CIVIC w/no dil. Frequency of Detection
Parameter FINAL RESULTS, ug/1 FINAL RESULTS,ugA #Samples #Detects
Arsenic
Max. Pred Cw
Allowable Cw
Cadmium
Max. Pred Cw 1
Allowable Cw 1�
Chromium
Max. Pred Cw
Allowable Cw )
Lead
Max. Pred Cw
Allowable Cw
Copper(A.L.)
Max. Pred Cw 70.2
Allowable Cw 54.2 7.3 18 11
Nickel
Max. Pred Cw
Allowable Cw
Silver(A.L.)
Max. Pred Cw
Allowable Cw
Zinc A.L.)
Max. Pred Cw
Allowable Cw
Cyanide
Max. Pred Cw
Allowable Cw
Mercury
Max. Pred Cw
Allowable Cw
Molybdenum
Max. Pred Cw
Allowable Cw
Selenium
Max. Pred Cw
Allowable Cw
Fluoride
Max. Pred Cw
Allowable Cw
Chloride(A.L.)
Max. Pred Cw
Allowable Cw
Modified Data: Use 0.5 Detection Limit for non-detects
SGL Carbon Corp
Subject: SGL Carbon Corp
Date: Tue, 13 Mar 2001 15:47:31 -0500
From: Rob Lang<rob.lmg@ncmail.net>
Organization: N.C. Division of Water Quality, Point Source Compliance/Enforcement Unit
To: Forrest Westall <Forrest.Westall@ncmail.net>, Jim Reid <Jim.Reid@ncmail.net>,
Keith Haynes <Keith.Haynes@ncmail.net>
FYI : LT 00-012, against SGL Carbon Corp in Burke County, has been
presented to the Director. This case was based on a third late
reporting event. The facility performed several tests outside of their
required testing months and passed them all. ARO and the Aquatic
Toxicology Unit had different opinions on how to proceed with this
matter. Both sides were presented and Tommy chose to take no action at
this time.
n-nc0005258 / 7 C 000 5L 5
�Subject: sgl carbon-nc0005258
Date: Wed, 29 Nov 2000 11:59:55 -0500
From: Kevin Bowden<kevin.bowden@ncmail.net>
To: Jim Reid<Jim.Reid@ncmail.net>
Jim, we're proposing another late tox enforcement action against sgl
carbon for not reporting in 9/00. this is the third time w/in 12
months that they have not conducted tox testing per the permit
requirement. Tox testing months are March, June, September and
December. The facility should have just received a $500 cpa for the
December 1999 and June 2000 non-reporting events. . . . .issued
11/27/00.
Let me know if there arereason(s) that we should not proceed with
the case. thanks. kevin.
1 of 1 3/13/2001 4:36 PM
+IF Michael F. Easley,Governor
9Q William G.Ross Jr.,Secretary
�J G North Carolina Depart of Environment and Natural Resources
�2 r Gregory J.Thorpe,Ph.D.
—{ ✓� Acting Director
O Y Division of Water Quality
August 23, 2001
2017
Mr. David R. Wessinger
SGL Carbon, LLC
PO Box 40
Morganton, NC 28680-
SUBJECT: Initial Laboratory Certification Inspection
Dear Mr. Wessinger:
Enclosed is a report for the inspection performed on August 13, 2001 by Mr. Gary
W. Francies. A response is not required if there were no deficiencies cited. For
certification maintenance, your laboratory must continue to carry out the requirements set
forth in 15A NCAC 21-1 .0800.
Copies of the checklists completed during the inspection may be requested from
this office. Thank you for your cooperation during the inspection. Please contact us at
919-733-3908 if you have questions or need additional information.
Sincerely,
James W. Meyer Yk
Laboratory Section
Enclosure
cc: Gary W. Francies
Asheville Regional Office
�FPA'
NCDENR
Laboratory Section N.C.Division of Water Quality 1623 Mail Service Center Raleigh,NC 27699-1623 (919)733-3908
FAX: 919-733-6241 Internet: w .esb.enr.state.nc.us/lab
ON-SITE INSPECTION REPORT
LABORATORY NAME: SGL Carbon, LLC
ADDRESS : P.O. Box 40
Morganton, NC 28680
CERTIFICATE #: Not applicable
DATE OF INSPECTION: 8/13/01
TYPE OF INSPECTION: Initial
EVALUATOR(S) : Gary Francies
LOCAL PERSON(S) CONTACTED: David Wessinger, Jeff Woodruff
I . INTRODUCTION:
This laboratory was inspected to verify its compliance with the
requirements of 15A NCAC 2H . 0800 for the analysis of environmental
samples .
II . GENERAL COMMENTS :
This is a new laboratory. The laboratory is spacious and well
equipped. All equipment is well maintained. The lab has developed
bench sheets, logs, and forms . All equipment and reagents needed to
analyze the samples, for which certification is being sought, has been
obtained. Performance evaluation samples have been analyzed.
III . DEFICIENCIES, REQUIREMENTS, RECOMMENDATIONS, and COMMENTS:
None noted.
IV. PAPER TRAIL:
No paper trail was performed.
V. CONCLUSION:
The laboratory staff has done a very good job of preparing the lab for
certification . Upon payment of the appropriate fees, it is recommended
that certification should be issued. Approximately three months after
obtaining certification another inspection will be conducted.
Report prepared by: Gary Francies Date : 8/16/01
- r d. APO
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 Mail Service Center, Raleigh, NC 27699-1617
NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT
On the basis of thorough staff review and application of Article 21 of Chapter 143,�Ga1 Statute of
North Carolina,Public Law 92-500 and other lawful standards and regulations,the North Carolina
Environmental Management Commission proposes to issue a permit to discharge to persons listed below on
December 11,2000,and subject to special conditions.
Persons wishing to comment upon or object to the proposed determinations are invited to submit same in
writing to the above address no later than November 25,2000. All comments received prior to that date
will be considered in the formulation of final determinations regarding the proposed permit. A public
meeting may be held where the Director of the Division of Water Quality finds a significant degree of
public interest in a proposed permit.
A copy of the draft permit is available by writing or calling the Division of Water Quality, 1617 Mail
Service Center,Raleigh,North Carolina 27699-1617, (919)733-5083.
The application and other information may be inspected at these locations during normal office hours.
Copies of the information on file are available upon request and payment of the costs of reproduction. All
such comments or requests regarding a proposed permit should be make reference to the NPDES permit
number listed below. / 7 � 4
:Date / Uf.�Y / M)
Kerr T. Stevens,Director
Division of Water Quality
NPDES No.NCS000009
SGL Carbon Corporation,P.O.Box 40,Morganton,North Carolina,28655,has applied for a permit to
discharge stormwater associated with industrial activities at a facility located at SGL Carbon Corp.,
Jamestown Road,Morganton,Burke County. The facility discharges to the waters of the Catawba Broad
River Basin.
tom,
Permit No.NCS000009
subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC
1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the
permit to change the name and incorporate such other requirements as may be necessary
under the Clean Water Act. Permittee is required to notify the Division in writing in the
event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and
certified.
a. All applications to be covered under this individual permit 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 individual permit and other information requested by
the Director 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 well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
Part III Page 4 of 10 Pages
Permit No.NCS000009
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 Director.
C. Any person signing a document under paragraphs a. or b. of this section shall
make 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 belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
4. Individual Permit Modification, Revocation and Reissuance or Termination
The issuance of this individual permit does not prohibit the Director from reopening and
modifying the individual permit,revoking and reissuing the individual permit, or
terminating the individual permit as allowed by the laws, rules, and regulations contained
in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North
Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute
143-215.1 et. al.
After public notice and opportunity for a hearing, the individual permit may be terminated
for cause. The filing of a request for a individual permit modification, revocation and
reissuance, or termination does not stay any individual permit condition. The permit shall
expire when the individual permit is terminated.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any
individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The pemvttee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances)which are installed or used by the
perm ittee to achieve compliance with the conditions of this individual permit. Proper
operation and maintenance also includes adequate laboratory controls and appropriate
Part III Page 5 of 10 Pages
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Permit No. NCS000009
quality assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a petmittee only when the
operation is necessary to achieve compliance with the conditions of this individual
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 individual permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of stormwater or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this
permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Analytical sampling shall be
performed during a representative storm event. Samples shall be taken on a day and time
that is characteristic of the discharge. All samples shall be taken before the discharge
joins or is diluted by any other waste stream, body of water, or substance. Monitoring
points as specified in this permit shall not be changed without notification to and
approval of the Director.
Part III Page 6 of 10 Pages
Permit No. NCS000009
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this individual permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
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.
To meet the intent of the monitoring required by this individual permit, all test procedures
must produce minimum detection and reporting levels and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
Part III Page 7 of 10 Pages
Permit No.NCS000009
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with
the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall
also be maintained on-site. The permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, and copies of all reports required
by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the
Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this
individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report forms provided by the Director. Submittals
shall be received by the Division no later than 30 days from the date the facility receives
the sampling results from the laboratory.
Part III Page 8 of 10 Pages
Permit No. NCS000009
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following
address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. 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 Water Quality. As
required by the Act, analytical 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 143-215.6B or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this individual permit coincides with a
non-stormwater discharge, the permittee shall separately monitor all parameters as
required under the non-stormwater discharge permit and provide this information with the
stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which could significantly alter the nature or quantity of pollutants
discharged. This notification requirement includes pollutants which are not specifically
listed in the individual permit or subject to notification requirements under 40 CFR Part
122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which may result in noncompliance with the individual permit
requirements.
7. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
Part III Page 9 of 10 Pages
Permit No. NCS000009
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of
becoming aware of an unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case-by-case basis if the oral report has
been received within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour
reporting at the time monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an
application for an individual permit or in any report to the Director,it shall promptly
submit such facts or information.
Part III Page 10 of 10 Pages
r
Permit No.NCS000009
PART IV LIMITATIONS REOPENER
This individual 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) of the Clean Water Act, if the effluent guideline or
water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in
the individual permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with
15A NCAC 211 .0105(b)(4) may cause this Division to initiate action to revoke the Individual
Permit.
PART VI DEFINITIONS
1. Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values
divided by the number of individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
Parts IV,V and VI Page I of 6
Permit No.NCS000009
(b) Uncontaminated groundwater, foundation drains, air-conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushings, water from footing drains, flows from
riparian habitats and wetlands.
(c) Discharges resulting from fire-fighting or fire-fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a
single above ground storage container having a capacity of greater than 660 gallons or
with multiple above ground storage containers located in close proximity to each other
having a total combined storage capacity of greater than 1,320 gallons.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
8. Division or DWQ
The Division of Water Quality,Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
Part VI Page 2 of 6 Pages
�A
Permit No.NCS000009
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and
which is not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
15. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally-occurring surface materials that are not
disturbed by mining operations.
16. Permittee
The owner or operator issued a permit pursuant to this individual permit.
17. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well,or discrete fissure from which
stormwater is or may be discharged to waters of the state.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm
event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2
hours without producing any collectable discharge, and then stops, a sample may be collected if a
rain producing a discharge begins again within the next 10 hours.
19. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the DWQ may grant representative
outfall status. Representative outfall status allows the permittee to perform analytical
monitoring at a reduced number of outfalls.
Part VI Page 3 of 6 Pages
Permit No. NCS000009
20. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial
activity. Rinse waters from vehicle and equipment cleaning areas are process
wastewaters and do not include washwaters utilizing any type of detergent or cleaning
agent.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right-to-Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
C. That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic
priority pollutants),Table III (certain metals, cyanides, and phenols) or
Table IV (certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the
CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
23. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which
causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
24. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in
food processing or production; hazardous substances designated under section 101(14) of
Part VI Page 4 of 6 Pages
Permit No.NCS000009
w
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title
III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges.
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and
CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
27. Stormwater Associated with Industrial Activitv
The discharge from any point source which is used for collecting and conveying
stormwater and which is directly related to manufacturing, processing or raw material
storage areas at an industrial site. Facilities considered to be engaged in "industrial
activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not
include discharges from facilities or activities excluded from the NPDES program.
28. Stormwater Pollution Prevention Plan
A comprehensive site-specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
29. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the
average once in ten years. Design storm information can be found in the State of North
Carolina Erosion and Sediment Control Planning and Design Manual.
30. Total Flow
The flow corresponding to the time period over which the entire storm event occurs.
Total flow shall be either; (a) measured continuously, (b) calculated based on the amount
of area draining to the outfall, the amount of built-upon (impervious) area, and the total
amount of rainfall, or(c) estimated by the measurement of flow at 20 minute intervals
during the rainfall event.
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
k
Part VI Page 5 of 6 Pages
Permit No. NCS000009
t
32. 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
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
33. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
34. Visible Sedimentation
Solid particulate matter,both mineral and organic;that has been or is being transported
by water, air, gravity, or ice from its site of origin which can be seen with the unaided
eye.
35. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.
Part VI Page 6 of 6 Pages
NCS000009
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER 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,
SGL Carbon Corporation
is hereby authorized to discharge stormwater from a facility located at
Jamestown Road
Morganton
Burke County
to receiving waters designated as Silver Creek, a class C stream, in the Catawba River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts 1,II, III, IV, V and VI hereof.
This permit shall become effective January 1, 2001.
This permit and the authorization to discharge shall expire at midnight on December 31, 2005.
Signed this day December 11, 2000.
for Kerr T. Stevens,Director
Division of Water Quality
By the Authority of the Environmental Management Commission
C - t
Permit No.NCS000009
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On-Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
1. Individual Permit Expiration
2. Transfers
i
J l �
Permit No.NCS000009
3. Signatory Requirements
4. Individual Permit Modification,Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative Outfall
6. Records Retention
7. Inspection and Entry
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Bypass
8. Twenty-four Hour Reporting
9. Other Noncompliance
10. Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCS000009
PART INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has
been adequately treated and managed in accordance with the terms and conditions of this
individual permit. All discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization or approval.
This permit does not relieve the pemuttee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order,judgment;or decree.
Part I Page I of 2
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Permit No.NCS000009
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s)of discharge.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(c) A site map drawn to scale with the distance legend indicating location of
industrial activities (including storage of materials, disposal areas, process areas
and loading and unloading areas), drainage structures, drainage areas for each
outfall and activities occurring in the drainage area, building locations, existing
BMPs and impervious surfaces, and the percentage of each drainage area that is
impervious. For each outfall, a narrative description of the potential pollutants
which could be expected to be present in the stormwater discharge.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 3.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
Part II Page I of 7
Permit No.NCS000009
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Schedule. A schedule to provide secondary containment
for bulk storage of liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals, or storage of hazardous substances to prevent leaks and spills from
contaminating stormwater runoff. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be
secured with a locking mechanism] and any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow,prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, oil and grease
separation, debris control, vegetative filter strips, infiltration and stormwater
detention or retention, where necessary. The need for structural BMPs shall be
based on the assessment of potential of sources to contribute significant quantities
of pollutants to stormwater discharges and data collected through monitoring of
stormwater discharges.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility.Facility personnel (or team)responsible for implementing the
SPRP shall be identified. A responsible person shall be on-site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, a SPCC plan may be a component of the SPRP,but may
not be sufficient to completely address the stormwater aspects of the SPRP. The common
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
Part II Page 2 of 7
/ \ Permit No. NCS000009
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
5. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team)responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on
at least a semiannual schedule, once in the fall (September-November) and once in the
spring (April -June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s)
making the inspection and a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be
incorporated into the Stormwater Pollution Prevention Plan.
Stormwater discharge characteristic monitoring as required in Part II of this permit shall
be performed in addition to facility inspections.
9. Implementation. The permittee shall document all monitoring, measurements,
inspections and maintenance activities and training provided to employees, including the
log of the sampling data and of activities taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall
be kept on-site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
Part II Page 3 of 7
Permit No.NCS000009
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater subject to the provisions of this permit.
Analytical monitoring of stormwater discharges shall be performed as specified below in Table
1.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 4 analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO). The permittee shall complete the
minimum 4 analytical samplings in accordance with the schedule specified below in Table 2.
Table 1. Analytical Monitoring Requirements
ISischarge. = 1t►I ement sample SinIe
x x
Qharacter��ltc§ ��zt�.' 4 k'Ii�4lueircyt�" _�yRq� y �Qea�><€Fn� "
Total Suspended Solids m l Quarterly-4"year Grab SDO
Chemical Oxygen Demand mg/1 Quarterly-4"year Grab SDO
Total Rainfa114 inches Quarterly-4"year
Event Duration4 minutes Quarterly-4"year
Total Flow4 MG Quarterly-4"year SDO
Footnotes:
I Measurement Frequency: Once per quarter during the 4�"year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
2 If the stormwater runoff is controlled by a stormwater detention pond,a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm,then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SOO)unless representative
outfall status has been granted.
4 For each sampled representative storm event the total precipitation,storm duration,and total flow must be
monitored. Total flow shall be either;(a)measured continuously,(b)calculated based on the amount of area
draining to the outfall,the amount of built-upon(impervious)area,and the total amount of rainfall,or(c)
estimated by the measurement of flow at 20 minute intervals during the rainfall event.
Table 2 Monitoring schedule
Part II Page 4 of 7
Permit No.NCS000009
-Monitoiingpmo-&—' 1 Nufnber Sfast End '
Year 4 V quarter 1 January 1, 2004 March 31, 2004
Year 4 - 2nd quarter 2 April 1, 2004 June 30, 2004
Year 4 - 3'd quarter 3 July 1, 2004 September 30, 2004
Year 4 -4'"quarter 4 October 1, 2004 December 31, 2004
Part II Page 5 of 7
Permit No.NCS000009
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 3. Qualitative
monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests
are required. Qualitative monitoring of stormwater outfalls does not need to be performed during
a representative storm event.
In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the Stormwater Pollution Prevention
Plan.
All qualitative monitoring will be performed twice per year, once in the spring (April - June) and
once in the fall (September-November).
Table 3. Qualitative Monitoring Requirements
ha es Pls requen N7p
A
Color Semi-Annual SDO
Odor Semi-Annual SDO
Clarity Semi-Annual SDO
Floating Solids Semi-Annual SDO
Suspended Solids Semi-Annual SDO
Foam Semi-Annual SDO
Oil Sheen Semi-Annual SDO
Other obvious indicators Semi-Annual SDO
of stormwater pollution
Footnotes:
I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall(SDO)
regardless of representative outfall status.
SECTION D: ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on-site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 4. This monitoring shall be performed at all
outfalls which discharge stormwater runoff from vehicle maintenance areas.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of 4 analytical samplings being conducted over the term of
Part Il Page 6 of 7
Permit No.NCS000009
the permit at each stormwater discharge outfall (SDO)which discharges stormwater runoff from
vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in
accordance with the schedule specified in Table 2 (Part II, Section B).
Table 4. Analytical Monitoring Requirements for On-Site Vehicle Maintenance
Discharge Choracteristt s "` Units l cdAtirement Sample Samp_e-;
Fre_grueYibyt Type? ocati iorr
H standard Quarterly-0 year Grab SDO
Oil and Grease mg/1 Quarterly-0 year Grab SDO
Total suspended Solids mg/1 Quarterly-0 year Grab . SDO
New Motor Oil Usagegallons/month Quarterly-0 year Estimate
Total Flow4 MG Quarterly-4ih year Grab SDO
Footnotes:
I Measurement Frequency: Once per quarter during the Xh year of the permit term. A year is defined as the 12
month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring
periods.
2 If the stormwater runoff is controlled by a stormwater detention pond,a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response
to a storm event exceeding a ten year design storm,then no analytical monitoring is required and only qualitative
monitoring shall be performed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall(SDO)that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 Total flow shall be;(a)measured continuously,(b)calculated based on the amount of area draining to the outfall,
the amount of built-upon(impervious)area,and the total amount of rainfall,or(c)estimated by the measurement
of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event
measured shall result from the sampled representative storm event.
Part II Page 7 of 7
Permit No.NCS000009
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and
implemented within 12 months of the effective date of the initial permit and updated
thereafter on an annual basis. Secondary containment, as specified in Part II, Section A,
Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective
date of the initial permit issuance.
Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial
activity and be updated thereafter on an annual basis. Secondary containment, as
specified in Part H, Section A, Paragraph 2(b) of this permit shall be accomplished prior
to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this individual 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
denial of a permit upon renewal application.
a. The permittee shall comply with 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 these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal
penalties of$2,500 to $25,000 per day of violation, or imprisonment for not more
than 1 year, or both. Any person who knowingly violates permit conditions is
subject to criminal penalties of$5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed$10,000
per violation with the maximum amount not to exceed $125,000. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
Part III Page I of 10 Pages
Permit No.NCS000009
C. Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000)per violation may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit. [Ref:
North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for
violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to
exceed$10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed$25,000. Penalties for Class II violations are not to exceed
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class II penalty not to exceed$125,000.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this individual permit which has a reasonable likelihood of adversely
affecting human health or the environment.
4. Civil and Criminal Liabilitv
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater
control facilities, nothing in this individual permit shall be construed to relieve the
permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to
NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-215.6C 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.
5. Oil and Hazardous Substance Liabilitv
Nothing in this individual 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.
6. Property Rights
The issuance of this individual 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 III Page 2 of 10 Pages
Permit No.NCS000009
7. Severability
The provisions of this individual permit are severable, and if any provision of this
individual permit, or the application of any provision of this individual permit to any
circumstances, is held invalid, the application of such provision to other circumstances,
and the remainder of this individual permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the permit issued pursuant to this individual permit
or to determine compliance with this individual permit. The permittee shall also furnish
to the Director upon request, copies of records required to be kept by this individual
permit.
9. 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
individual permit shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such
person under this paragraph,punishment is a fine of not more that$20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
10. 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 individual 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 two years per violation,
or by both.
SECTION B: GENERAL CONDITIONS
1. Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall
submit forms and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal
at least 180 days prior to expiration, or any permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will be
Part III Page 3 of 10 Pages
i
06/06/2000 08:20 919-733-005 NON-DISCHARGE COMP PAGE 01
�� 2kc
Pivision, Of Water Quality
Water Qu,Ijry Section
P.O. 13oz .29535 „
Raleigb, N-C. .27626_0535
FAX;(9I9) 733,-oQ,5q. -. .
FAX TO: .0),/o01 o4ca-71--iFAX NUMBER:
F
o14 G�
ONE: (9I9)733-50{$3 Hxt;
NO. QfiPAGES 7NCLUDTNG UMS Sl- Er.
li
06/06/2000 0B:20 919-733-0059 NON—DISCHARGE COMP PAGE 02
Inridcnt in eurkc County(MORGANTON)on 06105/2T 7:12:00 R`t4p://149.I68212.17/EM—live/EMReport.1�91 fbe662a852563f5007f722dTOpenDooum<
NC Division of Emergency Management
Emergency Report Form
FTTWkm by J Ray Date Reported 06/05/2000 — jTime Reported: 06:20 PM
J
e ccu Dat Orred 06I05/2000 (Time Occurred 05 59 PM
Repord te by Melody (Agency Burke EMS Comm ,IPhone 826 437.1911
(County Burke [City; MORGANTON EM Area W 13 '
EVENT TYPE
Weather Event: ;Chemical Event:
Wx Event Name: :;Chem.Class:
(N/A
Chem. Mode:
IN/A
FNF Event: [Non FNF Event TSAR Event:
FNF Type: f
FNF Class;
..w . _._. .
_. ..
Fire Event Structure Fire rCDmplamt:
OTHER EVENT: .................. ,
Event Description: Burke Co. Communication advised that a plant explosion occurred at Great Lakes Carbon
Plant. This explosion resulted in one reported death and three or four injuries. This report to the EOC was for
notification purposes only-no state assistance requested. Burke-801on scene, NCEOC monitoring situation via low
band.
Deaths: 1 �ln uries 4 Evac:
lRadius: l
-------
(Responsible party Great Lakes Carbon RP Phone —
_ .. ....
�Pomt ---
Of Contact: POC Phone l
Event Location: 307 James Town Rd. Morganton, NC
Latitude (decimal degrees) (NC inland range is 33.840 - 36.588 degrees.Values outside these parameters may
be used.)
Longitude(decimal degrees) (NC inland range is 75.460-84.322 degrees. Values outside these parameters may
be used.)
USFS Block-Square-Polnt System: Block=Square= Point=
[RFff Request: No
NOTIFICATIONS
Y=On Scene A.=Advised
COUNTY AGENCIES
LEMC: Y SO Pp Y �LFD Y CHealth 1Sewer:
Other Local Agencies: EMS
STATE AGENCIES
ISHP/S/SWP ,Env Mgt A �ater DRP jCAP: 'DOT: DMv: 'I
Other State or Federal Agencies:
I of z
6/6/00 820 AM
06/06/2000 08:20 919-733-0059 NON-DISCHARGE COMP/`� PAGE 03
Incident in Burk.County(MOR(5ANTON)on 06/05/2000 07-1 2:03 R*://149.168.212.17/EM_live/EMRapo t.N...d09I Poe6b2a85256sf5DD7f722d?OpenDocume
Notes: 1800- low band transmission
1820- Burke Comm advised EOC
1830-Danny Gee advised
1835-TF&JC advised
1838-Labor(Tom Hayes) advised
1841 - DWO advised
EM Hours: SAR Hours: Call#:
01'2
6/6100 5:20 AM
State of North Carolina r
Department of Environment
and Natural Resources A ?Aj
&4���
Division of Water Quality
James B. Hunt, Jr., Governor DENR
Bill Holman, Secretary NC
Kerr T. Stevens, Director
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 5,2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.Daniel Giroux o
SGL Carbon Corporation
PO Box 40
Morganton,North Carolina 28680
SUBJECT: NOTICE OF VIOLATION gS<LyT /0
Effluent Toxicity Testing
i NPDES Permit No.NC0005258 (SGL Carbon Corporation W WTP
Burke County y9(F��FpC
Dear Mr.Giroux F
This is to inform you that the Environmental Sciences Branch has not received your quarterly toxicity
monitoring report for the month of December 1999. This is in violation of Title 15 of the North Carolina
Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states, "monthly monitoring
reports shall be filed no later than 30 days after the end of the reporting period for which the report is made."
You will be considered noncompliant with the reporting requirements contained in your NPDES Permit
for the month of December until you make acceptable demonstration to the Environmental Sciences Branch that
the December 1999 AT report form was submitted to this office within the 30 day reporting period. In addition
if within the next twelve(12) months future reports are not received within the required time frame,you may be
assessed a civil penalty.
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page summary page and if you have any questions concerning this Notice
or any aspect of your toxicity testing ,requirement, please contact Mr. Kevin Bowden with the Aquatic-
Toxicology Unit at(919)733-2136.
Sincerely,
Jimmie verton
ater Quality Section Chief
for Environmental Sciences
cc: Forrest Westall-Asheville Regional Office
Jim Reid-Asheville Regional Office
Aquatic Toxicology Unit Files
Central Files
Mailing Address: Telephone'979)733-2136 Location:
1621 Mail Service Center Fax 1919)733-9959 44n1 Reed,Creek Rnacl
Raleigh, NC 27699-1621 State Courier S52-Oi-00 Raleigh,Nd 27699-1621
An 2�uat Opporuni.j Aairnat ve Antic„,Errolo,6r 50%recycle,b9G%sost consumer pao6r
State of North Carolina ,zlin
Department of Environment
and Natural Resources
Division of Water Quality -.,..��.r•
All MEMOMIL
James B. Hunt, Jr., Governor ® N R
Bill Holman, Secretary
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 27. 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Z 158 524 167
Mr. Daniel Giroux v�)
SGL Carbon Corporation
PO Box 40
Morganton, North Carolina 28680
SUBJECT: Assessment of Civil Penalties for Reporting Requirement Violations
NPDES Permit No. NC0005258
SGL Carbon Corporation WWTP
Burke County
LT 00-007
Dear Mr. Giroux:
This letter transmits a notice of civil penalty assessed against SGL Carbon Corporation the
amount of$ r+0 0-a 0
This assessment is based upon the following facts: the December 1999 and June 2000 toxicity
self-monitoring report forms were not filed with the Environmental Sciences Branch of the Division of
Water Quality within the thirty(30)day reporting period in accordance with the monitoring and reporting
requirements contained in your NPDES Permit.
A previous Notice of Violation for failure to report the December 1999 toxicity self-monitoring
data was sent to the facility by certified mail dated April 5, 2000. Within the Notice, it was stated, "...if
within the next twelve(12)months, future reports are not received within the required time frame,you
may be assessed a civil penalty."
Based upon the above fact(s),I conclude as a matter of law that SGL Carbon Corporation
violated or failed to act in accordance with the requirements of G.S. 143-215.65. A civil penalty of
not more than$10,000.00 may be assessed against a person who fails to file, submit or make
available any documents, data or reports required by G.S. 143-215.65.
Based upon the above facts(s)and conclusions of law,I hereby assess SGL Carbon Corporation a
$ S 00. aft civil penalty for this second violation of G.S. 143-215.65,pursuant to the authority
delegated to me by North Carolina Environmental Management Commission Regulation 15 NCAC 2J
.003 and G.S. 143-215.6A(h). Any continuing violation(s)may subject you to additional penalties.
Mailing Address: Telephone(919)733.5083 Location:
1617 Mail Service Center Fax(919)733-9919 512 N.Salisbury Street
Raleigh,NC 27699-1617 Raleigh,NC 27699-1617
An Equal Opportunity Affirmative Action Employer 50%recycled/1 0%post consumer paper
Within thirty days receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources (do
not include waiver form). Payment of the penalty will not foreclose enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request.
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter. Because a remission request forecloses the option
of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a,detailed
statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be submitted
in writing. The Director of the Division of Water Quality will review the information during a
bimonthly enforcement conference and inform you of his decision in the matter of the remission
request. His response will provide details regarding case status, directions for payment and
provision for further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director and
therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
and
Mail or hand-deliver a copy of the petition to
Mr. Dan McLawhom
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred to
the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please
be advised that additional assessments may be levied for future violations which occur after the
review period of this assessment.
If you have any questions, please contact Mr. Kevin Bowden at(919) 733-2136.
Sincerely,
Kerr T. Stevens,Director
Division of Water Quality
\,,- — 2\—00
Date
Attachments
cc: ARO Water Quality Supervisor
Point Source Compliance/Enforcement File
Aquatic Toxicology Unit
Central Files
STATE OF NORTH CAROLINA(__'� DEPARTMEN( )F ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
SGL CARBON CORPORATION ) STIPULATION OF FACTS
NPDES PERMIT NO. NC0005258 )
FILE NO. LT 00-007
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the day of 2000
BY
ADDRESS
TELEPHONE
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SGL CARBON GROUP
March 14, 2000
t c
Kim H. Colson, P. E., Supervisor
N. C. Division of Water Quality
Non Discharge Branch "e
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Ms. Colson:
SGL Carbon Corporation's, Burke County, North Carolina, facility Permit No.
WQ0004777 permit is due to expire on 09/30/2000. No request for renewal will be
submitted for this non discharge permit. The slurry system and three wet scrubbers
associated with the water recycling ponds have been demolished (1999). No further use
of the collection ponds is needed.
SGL Carbon has notified Jim Reid of the Asheville Regional Office, DEM, Water
Quality Section, of proceeding with closure of the two ponds.
If you have any questions regarding this matter please feel free to contact Mr. Daniel
Giroux, Plant Manager, Mr. Marvin Jones, Plant Engineer, or Mr. Jerry Miller,
Environmental Supervisor at 828-437-3221.
Thank you.
Sincerely,
edi4r,rCEM
Environmental Supervisor
cc: Jim Reid NCDEM- Asheville
Daniel Giroux Administration
Marvin Jones Engineering SGL CARBON CORPORATION
Morganton
P.O.Box 40
\ Morganton,NC 28680-0040
Phone (828)437-3221
Fax (828)437-5890
NORTH %.�AROLINA DEPARTMENT OF
.1�•^ ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
1 ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
January 5, 2000
.,JAME98 HUNTJR.r
Q .RNOR
Mr. Jerry Miller
SGL Carbon Group
Post Office Box 40
pE , Morganton, North Carolina 28680-0040
Subject: Compliance Evaluation
Inspection
Status: In Compliance
Great Lakes Carbon Corporation
Co ling Water, NC0005258
ke County
Dear Mr. Miller:
a Your assistance in conducting the subject inspection on
` November 30, 1999 is appreciated. Observations and sample
results indicated compliance with the requirements of
- Discharge Permit Number NC0005258 . Sample results are
detailed in the attached inspection report. Please contact
( me at telephone number 828/251-6208 if there are questions
or any way in which I may be of assistance.
i
tb
r . r:
Sincerely,
cce
= James R. Reid
M
Environmental Engineer
Enclosure
INTERCHANGE BUILDING, 59 WOOOFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE 828-251-6208 FAX 828-251-6452
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State of North Carolina '
Department of Environment ffl� • � '
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director VIRONMENT AND NATURAL R2ESOURCE5
December 13, 1999
Mr. A. Jerry Miller
SGL Carbon Corporation aEC 2 9 /gg9 D
P.O. Box 40
Morganton, North Carolina 28680
DiU
Subject: NPDES Permit Renewal App ation
Permit NC0005258
Morganton plant
Burke County
Dear Mr. Miller:
The NPDES Unit received your permit renewal application on December 6, 1999. Thank
you for submitting this package.
The permit renewal for this facility will be assigned to a member of the NPDES Unit staff.
That staff member will contact you if further information is needed to complete the permit
renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has
lasted for over a year and is delaying all permit renewals. Our remaining permit writers are
currently reviewing Authorizations to Construct, speculative limit requests, major permit
modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety
of factors, including mandatory deadlines in the statutes which govern our program.
If this staff shortage delays reissuance of NC0005258, the existing requirements in your
permit will remain in effect until the permit is renewed (or the Division takes other action). We
appreciate your patience and understanding while we operate with a severely depleted staff. If you
have any additional questions concerning renewal of the subject permit, please contact me at
(919) 733-5083, extension 511.
Sincerely,
� d"
C
Charles H. Weaver, Jr.
NPDES Unit
cc: quille F giomgl :ffice z�W rl uality+MS ction,,4
NPDES File v
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 511 (fax)919 733-0719
VISIT US ONTHE INTERNET @ http://h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net
C,\
NPDES PERMIT APPLICATION - SHORT FORM C
For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
North Carolina NPDES Permit Number NC0005258
Please print or type
1. Applicant and facility producing discharge
A. Name SGL Carbon Corporation
B. Mailing address of applicant:
1. Street address P.O. Box 40
2. City Morganton 3. County Burke
4. State North Carolina 5. Zip Code 28680
C. Location of facility:
1. Street 307 Jamestown Road
2. City Morganton 3. County Burke
4. State North Carolina 5. Zip Code 28655
D. Telephone Number ( 828 ) 437-3221
E. Fax Number ( 828 ) 432-5885
F. e-mail address
2. Standard Industrial Classification (SIC) code(s): 3624
3. Number of employees: 500
4. Principal product(s) produced: Synthetic graphite products
Principal raw material(s) consumed: Coke, coal tar pitch and petroleum pitch
5. Principal process(es): Manufacture of synthetic graphite
6. Amount of principal product produced or raw material consumed
(List specific amounts consumed and/or units ofproduction)
Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed
AVERAGE PEAK
per Da
per Month 4.7 million pounds of graphite produced per
month
per Year
7. (a) Check here if discharge occurs all year 0, or
(b) Circle the month(s) in which discharge occurs: January February March
May June July August September October Novembei
(c) Days per week discharge occurs:
NOTE:If the facility has separate discharge points(ouNalls)or multiple industrial processes,incl
diagram of wastewater flow at the facility.
Page 1 of 2
NPDES PERMIT APPLICATION - SHORT FORM C
For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
8._ Typesof wastewater-discharged-to-surface-waters-only-(check-as-applicabfe)— -- -- --
Discharge per operating day Flow Volume treated before discharging
GALLONS PER OPERATING DAY (PERCENT
Sanitary-daily average
Cooling water, etc. -daily average
0.6 MGD 0*
Process water- daily average
0.6 MGD 0*
Maximum per operating day for
total discharge (all types) 1.7 MGD 0*
*Cooling towers used.
9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places
other than surface waters, record the amount(s) discharged below:
A. Municipal sewer system 392,000 gpd
B. Underground well gpd
C. Septic tank gpd
D. Evaporation lagoon or pond gpd
E. Other, specify gpd
10. Number of separate discharge points: 1
11. Name of receiving stream(s): Silver Creek
12. Does your discharge contain or is it possible for your discharge to contain one or more of the following
substances added as a result of your operations, activities, or processes? Circle all that apply:
aluminum ammonia beryllium cadmium chromium chlorine (residual)
copper cyanide lead mercury nickel oil and grease
phenols selenium zinc TSS None of the above
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Daniel Giroux Plant Manaoer
Zt name of Person Title
Signature of Applicant "- Date
North Carolina General Statute 143-215.6(b)(2)provides that:Any person who knowingly makes any false statement representation,or certification in
any application,record,report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental
Management Commission implementing that Article,or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or
method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,
shall be guilty of a misdemeanor punishable by a fine not to exceed$10,000,or by imprisonment not to exceed six months,or by both.
(18 U.S.C.Section 1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5 years,or both,for a similar
offense.)
j Page 2 of 2 Version-6-99
December 1, 1999
NC-DENR
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Renewal Request and Application for NPDES Permit Number NC0005258.
Dear Sir or Madam;
The SGL Carbon Corporation facility located in Morganton,NC request the renewal of NPDES Permit
No. NC0005258. Please find enclosed a completed Short Form - C permit renewal application and a
copy of our recent NPDES sampling analysis. Mr. James Reid of the DWQ in the Asheville Regional
Office gave approval for use of the Short Form - C in lieu of the Standard Form- C.
Thank you for your consideration and timely renewal of this permit.
Sinc ely,
A. J r Mi r
Environmental Supervisor
SGL Carbon Corporation
d
p F°j4.
cc: Daniel Giroux, Plant Manager ��
�1999
<�I
rid
r
I
NPDES PERMIT APPLICATION - SHORT FORM C
For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
North Carolina NPDES Permit Number NC0006258
Please print or type
1. Applicant and facility producing discharge
A. Name SGL Carbon Corporation
B. Mailing address of applicant:
1. Street address P.O. Box 40
2. City Morganton 3. County Burke
4. State North Carolina 5. Zip Code 28680
C. Location of facility:
1. Street 307 Jamestown Road
2. City Morganton 3. County Burke
4. State North Carolina 5. Zip Code 28655
D. Telephone Number ( 828 ) 437-3221
E. Fax Number ( 828 ) 432-5885
F. e-mail address
2. Standard Industrial Classification (SIC) code(s): 3624
3. Number of employees: 500
4. Principal product(s) produced: Synthetic graphite products
Principal raw material(s) consumed: Coke, coal tar pitch and petroleum pitch
5. Principal process(es): Manufacture of synthetic graphite
6. Amount of principal product produced or raw material consumed
Listspecific amounts consumed and/or units of production)
Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed
AVERAGE PEAK
per Da
per Month 4.7 million pounds of graphite produced per
month
per Year
7. (a) Check here if discharge occurs all year Z, or
(b) Circle the month(s) in which discharge occurs: January February March April
May June July August September October November December
(c) Days per week discharge occurs:
NOTE:If the facility has separate discharge points(outfalls)or multiple industrial processes,include a schematic
diagram of wastewater flow at the facility.
Page 1 of 2 Version-6-99
NPDES PERMIT APPLICATION - SHORT FORM C
For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
8. Types of wastewater discharged to surface waters only (check as applicable).
Discharge per operating day Flow Volume treated before discharging
GALLONS PER OPERATING DAY PERCENT
Sanitary-daily average
Cooling water, etc. -daily average
0.6 MGD 0*
Process water- daily average
0.6 MGD 0*
Maximum per operating day for
total discharge (all types) 1.7 MGD W
* Cooling towers used.
9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places
other than surface waters, record the amount(s) discharged below:
A. Municipal sewer system 392,000 gpd
B. Underground well gpd
C. Septic tank gpd
D. Evaporation lagoon or pond gpd
E. Other, specify gpd
10. Number of separate discharge points: 1
11. Name of receiving stream(s): Silver Creek
12. Does your discharge contain or is it possible for your discharge to contain one or more of the following
substances added as a result of your operations, activities, or processes? Circle all that apply:
aluminum ammonia beryllium cadmium chromium chlorine (residual)
copper cyanide lead mercury nickel oil and grease
phenols selenium zinc TSS None of the above
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete,and accurate.
Daniel Giroux Plant Manager
Print name of Person Title
� f
Signature of Applicant Date
North Carolina General Statute 143-215.6(b)(2)provides that:Any person who knowingly makes any false statement representation,or certification in
any application,record,report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental
Management Commission implementing that Article,or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or
method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,
shall be guilty of a misdemeanor punishable by a fine not to exceed$10,000,or by imprisonment not to exceed six months,or by both.
(18 U.S.C.Section 1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5 years,or both,for a similar
offense.)
Page 2 of 2 Version—6-99
State of North Carolina �{{\
Department of Environment /rl •
and Natural Resources A
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary
NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
November 4, 1999 lr, , 1 J s
Daniel M. Giroux F
r
SGL CARBON CORPORATION
i r I
P.O. BOX 40
17
MORGANTON, NC 28680 �=
Subject: Renewal of NPDES Permit NC0005258
SIGRI GREAT LAKES CARBON CORP.
BURKE County
Dear Permittee:
The subject permit expires on May 31, 2000. North Carolina Administrative Code 15A NCAC 2H.0105(e)
requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit.
To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than
December 3. 1999. Failure to request renewal of the permit by this date will result in a civil assessment of at
least$250.00. Larger penalties may be assessed depending upon the delinquency of the request.
If any wastewater discharge will occur after May 31, 2000 (or if continuation of the permit is desired), the
current permit must be renewed. Operation of wastewater treatment works or continuation of discharge.after
May 31. 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil
penalties of up to $25,000 per day.
If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert
Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact
the Asheville Regional Office at (828) 251-6208 to begin the rescission process.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must
submit with the permit renewal application. If you have any questions, please contact me. My telephone
number, fax number and e-mail address are listed at the bottom of this page.
Sincerely,
Charles H. Weaver. Jr.
NPDES Unit
cc: Central Files
S
F,.j-0,@X,T1J zkffig��walTtYi �o�ion}
NPDES File
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 511 (fax)919 733-0719
VISIT US ON THEINTERNET@hitp://h2o.encslate.nc.us/NPDES Charles.Weaver@ncmail.net _
NPDES Permit NC0005258
SGL CARBON CORPORATION
BURKE County
The following items are REQUIRED for all renewal packages:
❑ A cover letter requesting renewal of the permit and documenting any changes at the
facility since issuance of the last permit. Submit one signed original and two copies.
❑ The completed application form (copy attached), signed by the permittee or an Authorized
Representative. Submit one signed original and two copies.
❑ If an Authorized Representative (see Part II.B.1 l.b of the existing NPDES permit) prepares
the renewal package, written documentation must be provided showing the authority
delegated to the Authorized Representative.
❑ A narrative description of the sludge management plan for the facility. Describe how
sludge (or other solids) generated during wastewater treatment are handled and
disposed. If our facility has no such plan (or the permitted facility does not generate
P Y t3' P P
an solids explain this in writing. Submit one signed original and two copies.
Y )� P g gP
The following items must be submitted ONLY by Industrial facilities
discharging process wastewater:
❑ Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the
Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in
accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of
December 3, 1999, submit the application package without the PPA. Submit the PPA as
soon as possible after December 3, 1999.
The above requirement does NOT apply to municipal or non-industrial
facilities.
PLEASE NOTE:
Due to a change in fees effective January 1, 1999, there is no renewal fee
required with your application package.
Send the completed renewal package to:
Mr. Charles H. Weaver, Jr.
NC DENR / Water Quality / NPDES Unit
_ 1617 Mail Service Center
Raleigh, NC 27699-1617
I
a`fiid 'w NORTHr AROLINA DEPARTIENT OF
f
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
A027401,52'r.
- ASHEVILLE REGIONAL OFFICE
NCDENR WATER QUALITY SECTION
z
October 18 1999
JAME9 B.HUNT JR
GOVERNOR .�
Mr. James Willard
WAYNE MCDEVITT.. Inenco, Inc.
SECRETARY ;)a 132 West Statesville Avenue
Mooresville, North Carolina 28115
KERRTSTEVEN3. �� Subject : SGL Carbon - NC0005258
NPDES Permit Renewal
DIRECTOR
ij
Burke County
�l
r Dear Mr. Willard:
In response to your inquiry, find attached a copy of
Sigri Great Lakes Carbon Corporation' s last application for
a renewal of their NPDES permit . Also attached are "Short
Form C - Specific Instructions", blank copies of "Short Form
C", and a copy of the State ' s discharge regulations (blue
cover) . The fee structure and payment schedule has been
modified since Great Lakes Carbon' s last application;
consequently, no fee need be submitted with the application
for renewal.
Your interest in this matter is appreciated. Please
contact me at 828-251-6208 if there are questions or ways in
which I could be of assistance.
Sincerely, /� J
r
js• qms'tl. Reid
Environmental Engineer
�3
Enclosure
Jerry Miller w/o attachments
d
`�
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE 828-251-6208 FAX 828-251-64S2
"` '" AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/IOq POST-CONSUMER PAPER
� V
State of North Carolina
Department of Environment
and Natural Resources ���,�.
Division of Water Quality `�
aa
James B. Hunt,Jr., Governor N C D EN R
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND N E50URCE5
March 29, 2000
DANIEL M.GIROUX 17
SGL CARBON CORP-BURKE CO SITE
315 NORTH MAIN STREET
MORGANTON NC 28680
Subject: Rescission of State Permit
Permit No.W00004777 �
SGL CARBON CORP-BURKE CO SITE
BURKE County
Dear DANIEL M. GIROUX:
Reference is made to your request for rescission of the subject State Permit. Staff of the Asheville Regional
Office have confirmed that this Permit is no longer required. Therefore, in accordance with your request,State
Permit No.W00004777 is rescinded,effective immediately.
If in the future you wish to again operate a nondischarge wastewater treatment sytem,you must first apply for
and receive a new State Permit. Operating a wastewater facility without a valid State Permit will subject the
responsible party to a civil penalty of up to$10,000 per day.
If it would be helpful to discuss this matter further,I would suggest that you contact Forrest Westall-Water
Quality Regional Supervisor,Asheville Regional Office at(828)251-6208.
Sincerely,
//yj0,
Kerr T. Stevens
cc: BURKE County Health Department
Asheville W_ater Qµality�RegionaLSupervisor vy/attachments
Non Discharge Branch-Kim Colson
Operator Training and Certification
Non Discharge Compliance/Enforcement Unit-w/attachments
Central Files-w/attachments
Fran McPherson,DWQ Budget Office
Mailing Address: Telephone(919)733-5083 Location:
1617 Mail Service Center Fax(919)733-0059 512 N. Salisbury St.
Raleigh,North Carolina 27699-1617 State Courier#52-01-01 Raleigh,NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50%recycled/10%post-consumer paper
http://h2a enr.state.nc.us
1(C
G SGL CARBON GROUP
March 14, 2000
Kim H. Colson, P. E., Supervisor W/1 PICFEV�
N. C. Division of Water Quality orra rT�� D
Non Discharge Branch Frr��N
1617 Mail Service Center 2Z�o
Raleigh, NC 27699-1617 PJtlq V I yVh"'tea 1'0� ;y/n
Dear Ms. Colson:
SGL Carbon Corporation's, Burke County, North Carolina, facility Permit No.
WQ0004777 permit is due to expire on 09/30/2000. No request for renewal will be
submitted for this non discharge permit. The slurry system and three wet scrubbers
associated with the water recycling ponds have been demolished (1999). No further use
of the collection ponds is needed.
SGL Carbon has notified Jim Reid of the Asheville Regional Office, DEM, Water
Quality Section, of proceeding with closure of the two ponds.
If you have any questions regarding this matter please feel free to contact Mr. Daniel
Giroux, Plant Manager, Mr. Marvin Jones, Plant Engineer, or Mr. Jerry Miller,
Environmental Supervisor at 828-437-3221.
Thank you.
Sincerely,
eA. Jit r,rCE
Environmental Supervisor
cc: Jim Reid NCDEM, Asheville
Daniel Giroux Administration
Marvin Jones Engineering SGL CARBON CORPORATION
Morganton
P.O.Son 40
Morganton,NC 28680-0040
Phone (828)437-322]
Fan (828)437-5890
-' k"'MA
State of North CarolinaI a
Department of Environment
7
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary
Kerr T. Stevens, Director
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 17,2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Daniel Giroux I1'1
SGL Carbon Corporation
PO Box 40
CIO
Morganton,North Carolina 28680
SUBJECT: NOTICE OF DEFICIENCY
Effluent Toxicity Testing GLuil
NPDES Permit No.NC0005258 -" s
' SGL Carbon Corporation WWTP :,,
Burke County
Dear Mr.Giroux:
This is to inform you that the Environmental Sciences Branch of the Division of Water Quality has not
received your quarterly toxicity monitoring report for December 1999. This is in violation of Title 15A of the North
Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly
monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is
made."
Information contained on your DMR indicates that a toxicity test was conducted during the month of
December; however, an Aquatic Toxicity Test Form was not submitted to the Environmental Sciences Branch. To
prevent further action,please submit an original toxicity self-monitoring report form by April 10,2000 or notify this
office of any problem which may have prevented the report from being received on time. Failure to submit the
December 1999 test form by the date specified above will result in the issuance of a Notice of Violation. Additional
reporting and/or monitoring violations within a twelve (12) month period may subject you to a civil penalty
assessment.
Attached to this correspondence is a one page summary of important toxicity monitoring and reporting
requirements. Please read this summary page and if you have any questions concerning this notice or any aspect of
your toxicity testing requirement please contact Kevin Bowden at(919) 733-2136.
Sincerely,
7immie verton
Assistant Water Quality Section Chief
for Environmental Sciences
cc: Forrest Westall-Asheville Regional Office
Keith Haynes-Asheville Regional Office
Aquatic Toxicology Unit Files
Central Files
Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-9960 FAX#733-9959
An.Equal Opportunity Affirmative Action Employer 50%recycled/l 0%post consumer paper
WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
- ➢ The-following-items-we-provided in-m-effort-tG-assist-yoLt-with-identifying-criticaI and-sometimes-overtooked toxicity -- - - --
! testing and reporting information. Please take time to review this information. The items below do not address or include
all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions
about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at(919) 733-
2136 or another Unit representative at the same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forays are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered(with the
appropriate parameter code)on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
'.... Raleigh,NC 27699-1617
IN ADDITION
Toxicity test data(original"AT"form)must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
" 1621 Mail Service Center
Raleigh,North Carolina 27699-1621
➢ Toxicity test results shall be tiled with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period(eg,January test result is due by the end of February).
! ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the
permit limit,then at least two multiple concentration toxicity tests(one per month)will be conducted over the following two
months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
!, effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement
response.
! ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December,then toxicity testing must be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30,
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
1. during the first six months of the calendar year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was
invalidated and the date when follow-up testing will occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs,you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the month/year of the subject report. You should also write"No Flow"on the AT form,sign the form and submit following
a, normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge(ORC)except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT
form. The AT form must also be signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, You may consider submit"
your toxicity test results certified mail,return receipt requested to the Environmental Sciences Branch.
i
OO SGL CARBON GROUP
v �
April 04, 2000
Mr. Matt Matthews
DWQ/Environmental Science Branch �s
1621 Mail Service Center o�s�
Raleigh, NC 27699-1621 90�
Dear Mr. Matthews:
As you already know, we missed our sampling for the 4th quarter for Ceriodaphnia (Chronic
Toxicity Testing). The causes for the missed sampling were due to a number of reasons at both
SGL Carbon and the testing laboratory. Those causes are listed below:
Change of personnel at the testing laboratory. Sample coolers were not shipped as per SGL
Carbon's request.
Change of personnel at SGL Carbon. The lab manager was reassigned new duties in September,
1999 which did not include lab operations.
The SGL Carbon lab was taken out of service from Oct., 1999 until Feb., 2000. The laboratory
was completely remodeled during this period of time.
SGL Carbon's new laboratory manager has requested verbally and in writing that the testing
laboratory ship containers for the test by the first day of each new quarter. Additionally, date
alarms have been set to go off on the laboratory's computer to notify them of pending receipt of
containers. Additional lab personnel are also being trained to collect the samples.
The above changes should prevent us from missing another sampling sequence.
If you have any questions, please contact Mr. Daniel Giroux, Plant Manager, Mr- Marvin Jones,
Plant Engineer, or Mr. Jerry Miller, Environmental Supervisor, at 828-437-3221.
Thank you. Since ely,
cc: Daniel Giroux Administration
Marvin Jones Engineering
Jim Reid Asheville DEM A. Je filler, CEM
Engineering Files Engineering Environmental Supervisor
SGL CARBON CORPORATION
Morganton
P.O.Box 40
Morganton,NC 28680-0040
Phone (828)437-3221
Fax (828)437-5890
State of North Carolina �\
Department of Environment.
and Natural Resources
Division of Water Quality - � 0 0
James B. Hunt, Jr., Governor D C ^ 1
Bill Holman, Secretary C 'V R
Kerr T. Stevens, Director c\
(Feb 28, 2000
DANIEL M. GIR ./ J
OUX
SGL CARBON CORP-BURKE CO SITE /, Ll y. A
315 NORTH MAIN STREET
MORGANTON>NC 28680 e L 7 w
Subject: PERMIT NO.WQ0004777
SGL CARBON CORP-BURKE CO SITE Q
BURKE COUNTY
i
Dear Permittee:
Our files indicate that the subject permit issued on 10/6/95 expires on 9/30/00. We have not received a
request for renewal from you as of this date.
A renewal request shall consist of a letter asking for permit renewal and four (4) copies of a completed
application. For permitted facilities with treatment works, a narrative description of the residuals management
plan, which is in effect at the permitted facility, must also be submitted with the renewal application.
Applications may be returned to the applicant if incomplete.
The General Assembly passed legislation incorporating renewal fees into the annual fee.
Please be advised that this permit must not be allowed to expire. You must submit the renewal request at
least 180 days prior to the permit's expiration date, as required by the 15 NCAC 2H .0211. Failure to request a
renewal at least 180 days prior to the permit expiration date and/or operation of a facility without a valid permit
may result in the assessment of civil penalties. NCGS 143-215.6A allows for the assessment of Civil penalties
up to $10,000 per violation per day.
The letter requesting renewal, along with the completed Non-Discharge Permit Application must be sent
to:
N.C.DIVISION OF WATER QUALITY
NON DISCHARGE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH,NC 27699-1617
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50%,recycled/10%post-consumer paper
State of North Carolina
RAN
Department of Environment
and Natural Resources
Division of Water Quality / • •
James B. Hunt, Jr., Governor p E N R
Bill Holman, Secretary
KerrT. Stevens, Director
/
Feb 28, 2000
DANIEL M. GIROUX
SGL CARBON CORP-BURKE CO SITE
G K-
315 NORTH MAIN STREET
MORGANTON,NC 28680
Jai " � rvti:
I pt-
Subject: PERMIT NO.WQ0004777 �(
SGL CARBON CORP-BURKE CO SITE
BURKE COUNTY
1
Dear Permittee:
Our files indicate that the subject permit issued on 10/6/95 expires on 9/30/00. We have not received a
request for renewal from you as of this date.
A renewal request shall consist of a letter asking for permit renewal and four (4) copies of a completed
application. For permitted facilities with treatment works, a narrative description of the residuals management
plan, which is in effect at the permitted facility, must also be submitted with the renewal application.
Applications maybe returned to the applicant if incomplete.
The General Assembly passed legislation incorporating renewal fees into the annual fee.
Please be advised that this permit must not be allowed to expire. You must submit the renewal request at
least 180 days prior to the permit's expiration date, as required by the 15 NCAC 2H .0211. Failure to request a
renewal at least 180 days prior to the permit expiration date and/or operation of a facility without a valid permit
may result in the assessment of civil penalties. NCGS 143-215.6A allows for the assessment of Civil penalties
up to $10,000 per violation per day.
The letter requesting renewal, along with the completed Non-Discharge Permit Application must be sent
to:
N.C.DIVISION OF WATER QUALITY
NON DISCHARGE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH,NC 27699-1617
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper