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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'�� ... 42-3 \ 26'� E R M E A*D 0 W eq / , 955 (l�� 1, 1000 I 1b63 , Calvin `r R r SDU7HERN BM 054 ' ittl Si ' PF 1029 e - - �J 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 o , � x ' M E-R b�� e•r mr/� �1 ) . i i a ` N .."--• '� .i-.,` +000- . . ..... >ro � Alt e .t. .. ICZO er� l•yNIO r- 1 •: � / r l` _ � .. ��• I,v' •-.n-. �`I; ', -�' WE5 J 1,�r l-; t �u PC r A I�rl � +. � I .✓ `�o J o �:r em �CF, i •— 9 ./ Calvin _ =a n :o ....... .- s U7IyERN.-.-. aM. _. ; �r 9 r 02 r -1. _\ u ( ,A /5/ //J, 1'' •, ' X /Y V IF ioi­ IF- ib t _a• rya Y '+;.+f +i ( i r v� ems, o - ^•: 1 ••?:::a. 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'r .J/ AI�.. 1..; -.i ,�P ��! 7 ` � e• V 1\\, �f d 'u`moo. I. M' ° - :t+ YYss r+ 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. ��►` _ --.. ___--_ \ _. IMF �; _. _ � — � � _ __q.2 d 'Ice C26 ji1\�� DAKER MEADOW reed• _- _ , iV, X55 1 F/�I /000 _ t `aU 1•L` 1a _ 1 — I l I r- "A63 - - , Calvin M rRv e• e 102 ` _ '7 one•_::= P t Si t r. i• - • 1 1 f• r •it a ' e n II i '' ;� Existing >, r Discharge Point i w e ` /' 11 II _ 4 �• X179G _ �. _ rtl �'� 7 .e.^`' _ Ili 1Y1 • 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{' . > NT ar`� er P1ti i x f a 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 � � 'I i �� I i i I I .� I r, 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 ! \ �. : . . .G« 2 . . . . . ! - , {) �\ „ } . . . . . . . . . \ . . .. . . ; ) . , . . , . . . . . . . ��. x . . � . . . . . . . . [ , . . , , . . . . = w | \ � | |� ; � ) / ° / � 9 9 � § § LT \ \ e § % 2@ - k mco b # § 27 A � \ co C\l 2 . \ / � § � k ) \ . e . , a am , m = w = = ca Ec 0 q00 U co q j ( � ■ z ) ) jB % ) ) 3o \\fib E \ \ k $ ~ -C.) ) -2 $ 0 �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$10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 3 of 3 Version-08103 r' Attachment 1 r I USGS 7 . 5 MIN TOPOGRAPHY MAP N July 19 1996 NPDES Outfall Location SGL Carbon, LLC 307 Jamestown Road; Morganton, NC � t I ������ / �"'� / '• �a �if�� L i f a.��1.} f 1• I�r�/ � •,��r �1 f � •h •r� �h � ..`F rf1,. �f �� 4'A` ` td,{k�.• }i+lJJ,y 1 d� t •r N t\, __ �� � 1 • •r� •�h r:� L I f � ��'� 7 "lra (I 1l• rr , e � 1� rflt f'. h .. • • ;. ( '� .+ � P i t 1. • f r:r .9 h �� Y '. r. f i r � • L a• hi r • � r � � q t ` h, nti •9f i1 f tRi4•lri } f 1sa I• Y,,. rS't G G ✓ Fr r .r ; , Existing T fir_ r >� t �ischarge Paint' ,.�-• her$ � � ) �'� � '� ` '* f �j I 7��� .a • t��-1 e ' 1J1�Y � kkH.d( �„r.%: �,. �f �, (j•i ( f Jr k 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 , *24 lEi\Rt 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 �1 J a 5 m e a LL O U ♦w N ..m. N �'Ui N a d m $ Ii °e f0 a W cats: o Wm d ay = Zr , .. CARD cyN Y7 V `rz d Q {WL� J Z ' �.{ Y •\ 'I .__.. f .i+ J15W N d p C m U O d T 2 � ■YID O � m.. '�� ��I �' ! � �'C U �° ti W LU oLL �E O E. y N ^ O y / Q '3 0 , @ m O W 42 m J � � m °N _ 01 O it m 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. 3 r S o o n � l K ^ o m m H 61 m >3 �^ n O o =� n o o �T cm ❑ n❑ ❑ a O C i' N '��' � s o O q •��• B m x m � o n �'O ''� o a' ❑ ❑ O I .. p z o �i Ri Dt- F a N S' ? o C ooTH R Z n W ❑ ❑ ❑ C � m m � ❑' E 9 C ISl gg r\� i xTaz xgr n 7 I A s P O qZ' rt G 6 3' 3. S O Si q a eP 8 `V y�jt c [��P rrr � � rri- W a N a W A ti no o a a y d v n n s y m a C a a + m DO, ° x 3 °n = _ W a x w p o 0 0 0 0 0 0 A °a m a o o; o :• p 4 $ A e` o 0 0 0 0 o N f - ^ : y n C \� W ❑ p o e a e ? o S W c e m e 3 a z n 0 C N p N P N a N p w W nto M O S N V N W N I O O Ow .+. V W y n N N A p ^ y N O W N p N b e44 ;0 s i p o E u m a 2P N O'o Cl s x n n n n n n �v n n n 9 3 a n N M N N O N G a s N �' " V p x ❑ w Y012 j ^ _ w� o v gg T � r LLL ❑ Htl ❑ ❑onA a N x nDX N N V T ~ V N N V i+. y O ^ V S O N ~ O ❑'s O N pp O N W (^ O y N N G V q N cpi W m �- 0. W N y A x O O ^ Rj 1 _ m � R P � 2S W NC DENR/DWQ Chemistry Laboratory (K�, Report to: - Sample Anomaly Report(SAR) Lab Number:3 —Az _" Sample ID: Station Location: Car&W County: r��G Region: \ Sample Type: E Priority: Yt tL Collector: ? -1 Date collected: // /2 /Q3 Date received: /�/D3 Date analyzed: 3 Z Affected Parameter(s): (�y(l�rp�CL D y l Analytical Area(check one): !x WCH ❑ METALS ❑ VOA Cl SVOA ❑ NUT ❑ MICRO ❑ PEST The following anomalies occurred(check all that apply): ❑ Samples ❑. Quality Control Cl Istpruper container used ❑ Instrument failure—no reportable results ❑ 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): BIOCHE:� ❑ PEST_ ❑ SVGA_ METALS Y ❑ VOA Branch Head Rcvicw(initial - - QA/QC Review (initi ): Logged into database by(initial): oAu'omu,wmtory%SAR - taaaroieb: O a x n eN r+ w+ A Nc^ r -W r+ r+ � a ro .. o � w L rn vt a w p r L. C R og °, y •C (� a• m o a: a 2 m m o 0 o O O O C O A N z F \ it if •c S �. < N ;,° < -t 9 9 9 p a .w+ n .{�a p7 z O rq n O V D\ A D• O N n ° z S m - m B B B o 0 0 0 8 B 9 m o w � � � e e_ � a � � � Z q O re N o a T ' S ❑ a 6 :aN ❑`�'. ❑ 0 n n n n '° n n n v 3 3 y m If.1,CJ > O " n e 3 m g" _ o o o" o O1 ,a ��••ff y df R fgd m N :! q p N 1 N Z n m { W 10 B O 2 Z H Y O w w A C o CO:n B N o E m ❑ ❑ ❑ > Q� 'yy O N '. T (p tN� P Z G Q 'p (� .Q 7' w � a ay-- O o ry � e � r'• f � � S BO, � e N � w .5• C k 3 � 3 N B B B V N r a 2 B p� N q Z N O1 ^` 01 ❑ � v O < O N m b1 T o 0 Li6 o Aoa— � > y n P r•• S y y ^� Z o, 3 m m P ^ 3 w o O 9 t + O y N iu � e n m a O O emt NA 2 3 y 3 E ~ v m ly °• r B6g q R ° N Vl N e r�j `l• l�' N q Q K CA '< R r m a. w w P R N IJ M 10 n B W .9 w O p $ V N O V B •1 � A y� �' N Os m G f\ h..,. t , 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 \ / » J / Q ��«�� \m « ! § / Cak_o { { k // ] j) § ) cy ( ! ® ® \ \ > y » ^ % % k \/ \ k / // # � LL ) / LL }) \ } ` * : 20 ( \- ® ) �1 z % A \ § / ) § ! a rm B k ` CO O Ix k a \ /\ r4 \{ � m O f \ \ {{ � | ! � � � - . ! \ ± 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 r r 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 1 � x M El " ��� Il� �� � .; and� 'e •` 1 �� r� Ht i Calv)n %Wr� i ° II gnoLa ° I It- / `) �` 1l_. �'� �� "ice � 1 �'. v � � / • •, ,�- I 1✓ h. //; :• tin �\ yy <: •r h \ _� :.� i01.! �\ rz� �,. _... Q]5 .�•,•• Ulll \ I •- �'�yl�e°n 1 1 . l•_/ry '-.'Hr+. '• ..J JJOO � 1-� Ic]II. _ ..' �ti� o° n I 0" p �� \.✓ �� y.. °�!• �. P. a '` r Mo L - I \ \'1 `b �]s .It ..a V 1 Ve 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 _ f If I i ZEDr2,6 �DUJS r J' i l2e- Ca, h �td fr 1/N /a s T . ate r` k , gwdlgj) , i i I 1 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 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50 RECYCLED/10% POST-CONSUMER PAPER V yy O O $x C m p 2 Z ito 0 0 0 0 0 0 Q m ° '� u 0O .� .q o n w � � o '� c o � W � < H � < H 9 9 � 9 E > " ❑ n •c• C Z rn Z o m ❑ m m p 70 � 0 Q Y V r� z Nm Y m W M m O1 Y d S E y IF e 3 ff" mHaK El ? 30 A A m a O g�g 3 m e r o 0 0 T s e ^^ ° a = 3 0 3 a V m m m m a m n a y n : 0m "o j { RI p p m b m O W N rN. 1 El El p 00 i a a a r °e • rn C ,2 N � i o S rm N g •g a m 9 a 9 9 3 A A e e e a C C ° m El ❑ ❑ > W E I/�\ g All 'q H y y � 'o � h m � _ � S t � S' A � � � a � � { 3• 9 O '� W� m o m a 9 V N r V $ P.i a � o a O H ". � � ❑� .. Y m £ ^+ a A Y N x ^ m T 3 m 3 m A F e P a ^ Z P C p a " z �C.i1 04 p m m 22 ^ ,o •• b m" P_ p N N Y U W V1 WO y i 5 W a A q ff e y m c e c a e a e 0 1 1 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