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NC0005258_Complete File - Historical_20200929
A74LA, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary March 28,2012 CERTIFIED MAIL:7007 0220 0001 4482 1602 RETURN RECEIPT REQUESTED Mr.Charles Conner SGL Carbon LLC 307 Jamestown Rd. Morganton,NC 28655 �� �// ►� ` SUBJECT: NOTICE OF VIOLATION:NOV-2012-TX-0014 0 Whole Effluent Toxicity(WET)Testing MAR 3 0 2 12 1 NPDES Permit No.NC0005258 SGL Carbon Corporation WWTP Burke County rVVATER QUALITY SECTION �A. -nVIL.LI? E`' i2- OFFICE Dear Mn Conner: w,_ �� This is to inform you that a review of your toxicity self-monitoring report form for the month of January 2012 indicates a violation of' the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation(TRE),a site-specific study designed to identify the causative agents of effluent toxicity,isolate the sources of toxicity,evaluate the effectiveness of toxicity control options,and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance,please contact Mr.John Giorgino with this office at(919)743-8441. cerel , r � Cind Mor�re ` . Y Supervisor,Aquatic Toxicology Unit cc: Chuck Cranford-Asheville Regional Office Jeff Menzel-Asheville Regional Office Central Files Environmental Sciences Section 1621 Mail Service Center,Raleigh,North Carolina 27699-1621 One Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607 NO1't�1Ca1'U�.111a Phone:919-743-8400 CFAX:919-743-8517 ���������� Internet:http:l1h2o.enr.state.nc.uslesbl An Equal Opportunity 1 Affirmative Action Employer i i WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING 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-timetoreview this information:The items-betow-do-not address-or-include all the toxicity-testinEcind reaortine----- requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement,please contact Mr. John Giorgino with the Aquatic Toxicology Unit at(919)743-8401 or another Unit representative at the same number. ➢ The erg mittee 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 sec uirement. 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 Section 1621 Mail Service Center Raleigh,North Carolina 27699-1621 ➢ Toxicity test results shalt be filed with the Environmental Sciences Section no later than 30 days after the end of the reuortina 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 I-June 30,then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. l ➢ If you receive notification from your contract laboratory that a test was invalidated,you should immediately notify the Environmental Sciences Section at(919)743-8401 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 test results certified mail,return receipt requested to the Environmental Sciences Section. I Environmental Sciences Section 1621 Mail Service Center,Raleigh,North Carolina 27699-1621 One 1. r 1 Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607 NOrthCar011ria Phone:919-743.84001 FAX:919-743-8517 Internet:hftp:/lh2o.enr.state.nc.us/esbl ;Vaturally An Equal Opportunity 1 Affirmative Action Employer A j NCDENR North Carolina Department of Environment and Natural Resources `Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director ��, z*�+, �,b« F a,,. n�:z `0e" irtary February 28,2012 CERTIFIED MAIL: 7007 0220 0001 4482 1589 z �J. �.�, MAR - 7 2012 ' hr RETURN RECEIPT REQUESTED !! r Mr.Charles Conner J V ATEl s r I l f T1C J SGL Carbon LLC _.AF 307 Jamestown Rd. g Morganton,NC 28655 SUBJECT: NOTICE OF VIOLATION:NOV-2012-TX-0009 Whole Effluent Toxicity(WET)Testing NPDES Permit No.NC0005258 SGL Carbon Corporation WWTP Burke County Dear Mr.Conner: This is to inform you that a review of your toxicity self-monitoring report form for the month of December 2011 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation(TRE),a site-specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity,evaluate the effectiveness of toxicity control options,and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible_ solutions to resolve effluent toxicity noncompliance,please contact Mr.John Giorgino with this office at(919)743-8441. S' rely, Cindy Moore Supervisor,Aquatic Toxicology Unit cc: Chuck Cranford-Asheville Regional Office Jeff Menzel-Asheville Regional Office Central Files Environmental Sciences Section 1621 Mail Service Center,Raleigh,North Carolina 27699-1621 One�1Cc`ll'01.111R Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607 NOTt Phone:919-743-8400\FAX:919-743-8517 _ '/ n/ Internet:httpalh2o.enrstate.nc.uslesbl �` aturall An Equal Opportunity\Affirmative Action Employer ((// '/ �i WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION i ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting j information. Please take time to review this information.The items below do not address or include all the toxicity testing and reporting ,i requirements contained in your NPDES permit, If you should have any questions about your toxicity testing requirement,please contact Mr. John Giorgino with the Aquatic Toxicology Unit at(919)743-8401 or another Unit representative at the same number. i ➢ 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 Section 1621 Mail Service Center Raleigh,North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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 I-June 30,then you must provide J written notification to the Environmental Sciences Section 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 Section at(919)743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. j ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs,you should complete the information block ;i 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 test results certified mail return receipt requested to the Environmental Sciences Section. Environmental Sciences Section 1621 Mail Service Center,Raleigh,North Carolina 27699-1621 1 Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607 N n ti�lCc9T0�_111i� Phone:919-743.84001 FAX:919-743-8517 r / Internet:hfp:l/h2o.enr.state.ne.us/esbl Awiti iall�/ An Equal Opportunity 1 Affirmative Action Employer `/ NCDENR `'' v ' I �. ! North Carolina Department of Environment and Natural Resources i Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary 1 June 18, 2010 Charles Conner Sgl Carbon LLC 307 Jamestown Rd Morganton NC 28655 SUBJECT: Compliance Evaluation Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear Mr. Conner : Enclosed please find a copy of the Compliance Evaluation Inspection conducted on June 3, 2010. The facility appeared to be in Compliance with permit NC0005258. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. SincerYze Jeff M 4' Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE, y - Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 / Internet:www.ncwaterauality.org Vati(ra!!ff S:\SWP\Burke\Wastewater\Industrial\SGL Carbon 05258\05258 CEI 06042010.doc United States Environmental Protection Agency. EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Roo Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I cl 31 NC00o5258 I11 121 10/06/03 117 181ri 191.1 201 LJ J Remarks U LJ L! 211111I111111111IIIIIIIIIIIIIIIIIIIIIIIlilIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70 71 U 72 73I I 174 751 I I I I I I 180 �--� Section B: Facility Data ' W 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) SGL Carbon Corporation 09:30 AM 10/06/03 10/04/01 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 11:00 AM 10/06/03 15/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name Address r of Responsible Official/Title/Phone and Fax Number Charles Conner,307 J Contactedamestown Rd Morganton NC 28655//828-437-3221/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&Maintenance N Self-Monitoring Program 0 Facility Site Review Effluent/Receiving Waters E Storm Water Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s(s)-of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel 4(/V� ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 i NPDES yr/mo/day Inspection Type 1 3I NC0005258 I1 12I 10/06/03 1� 18,_' Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) The facility appears to be operating in compliance, No violations of permit requirements or applicable regulations were observed during this inspection. ,I Page# 2 I Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 06/03/2010 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ■ ❑ 130 Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ■ ❑ ❑ ❑ Comment: The thermometers are calibrated on a regular basis. Page# 3 / \NA Michael F.Easley,Governor �� 9Q William G. Ross Jr.,Secretary `O G orth Carolina Department of Environment and Natural Resources AE CO° Coleen H.Sullins,Director > Division of Water Quality oVironariow Asheville Regional Office SURFACE WATER PROTECTION October 30, 2008 Mr, Rick Ives Engineering Manager SGL Carbon LLC 307 Jamestown Rd Mor9 anton NC 28655 .... ..... .... . SUBJECT: Compliance Evaluation Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear: Mr, Ives Enclosed please find a copy of the Compliance Evaluation Inspection report I conducted on October 23, 2008. The facility was found to be in Compliance with permit NC0005258. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files oy t No atura!!� 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Burke\SGL Carbon 05258 United States Environmental Protection Agency Form Approved. E P n/� Washington,D.C..20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 31 NC0005258 111 121 08/10/23 117 181 C 191 cl 201 I J t—f Remarks U LiU 21111111111111111111111111111111111111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------------Reserved---------------------- 671 169 70� 5) 71I_j 72U 73� 74 751 I I I I I I 18 �--+ 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) 10:00 AM 08/10/23 05/12/01 SGL Carbon Corporation 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 11:15 AM 08/10/23 10/02/28 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 Contacted Charles Conner,307 Jamestown Rd Morganton NC 28655//828-437-3221/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance ®Facility Site Review ■Effluent/Receiving Waters Section D: Summary of Find in /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 Jeff Menze� ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date s p EPA Form'3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 n i r NPDES yr/mo/day Inspection Type x ' -------- - --- ------ - - `---- -3I—_ NC0005258 (11-1�I 08/10/23 -I17 --18'—' --- Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility appears to be operating in compliance. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 10/23/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑-❑ ® ❑ Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ Cl Is access to the plant site restricted to the general public? ❑ ❑ ❑ -- Is the-in-spectoT-granted-access-to-all--areas-far-inspection?---- ------- __ __._.__ _.___ -_--._ . _---_---®--(Q_I❑--❑---------. Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO, Sludge ■ ❑ ❑ Cl Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ Comment: The upstream and downstream thermometers are calibrated on a regular basis. Page# 3 r I,A A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 17,2010 Mr. Charles Conner, Plant Manager Sgl Carbon LLC 307 Jamestown Road Morganton,North Carolina 28655 Subject: NOTICE OF VIOLATION NOV-2010-MV-0088 Permit No.NC0005258 SGL Carbon Corporation Burke County Dear Mr. Conner: A review of SGL Carbon Corporation's monitoring report for February 2010 showed the following violations: Parameter Date Measuring Frequency Violation Flow, in conduit or thru treatment plant 02/06/2010 5 X week Failure to Monitor Flow, in conduit or thru treatment plant 02/13/2010 5 X week Failure to Monitor Flow, in conduit or thru treatment plant 02/20/2010 5 X week Failure to Monitor Flow, in conduit or thru treatment plant 02/27/2010 5 X week Failure to Monitor Temperature, Water Deg. Centigrade 02/06/2010 5 X week Failure to Monitor Temperature, Water Deg. Centigrade 02/13/2010 5 X week Failure to Monitor Temperature, Water Deg. Centigrade 02/20/2010 5 X week Failure to Monitor Temperature, Water Deg. Centigrade 02/27/2010 5 X week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, G'2 Roger C. Ed ards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ.Central Files ti:'.511 I"•.[2urkc b4'astelvatrr,Induatrial SC;I._Carbon 05258`.NOV-2010-MV-0088.tioc Noe hCarolina atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director '' ► „ u Secretary., September 10,2009 n CIiARLIE CONNER J SAP 14 2009 ti PLANT MANAGER SGL CARBON LLC 307 AMESTOWN ROAD WATER QUALITY SECTION J ASHEVILLE REGIONAL OFFfCE 'a MORGANTON NC 28655 . • . • --�----- --• s Subject: Receipt of permit renewal application NPDES Permit NC0005258 SGL Carbon Corporation Burke County Dear Mr. Conner: The NPDES Unit received your permit renewal application on August 31,2009. A member of the NPDES Unit will review your application. They 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. I£you have any additional questions concerning renewal of the subject permit,please contact Sergei Chernikov at(919) 807-6393. Sincerely, �t-llQ� Dina Sprinkle Point Source Branch cc: CENTRAL FILES Asheville Regional Office/Surface Water Protection NPDES Unit 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 011ie Phone:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 NorthCarollna Internet:www.ncwaterquality.org 1�N An Equal Opportunity\Affirmative Action Employer �al Lal& SGL GROUP August 25,2009 THE CARBON COMPANY Mrs.Dina Sprinkle BR®,4®BASS NC DENR/DWQ/Point Source Branch BEST SOLUTIONS 1617 Mail Service Center Raleigh,NC 27699-1617 Re: Renewal Request and Application for NPDES Permit Number NC0005258 SGL Carbon, LLC Burke County Dear Mrs. Sprinkle; The SGL Carbon,LLC facility located in Morganton,North Carolina request the renewal of NPDES Permit Number NC0005258. We have not had any significant physical changes to the facility since the issuance of our last permit; however, we have had a decrease in the number of employees and a decrease in production due to the downturn in the economy. Please find enclosed one original and two copies of the following items and attachments as requested in the renewal application and checklist. Item 1. This cover letter requesting renewal of the permit and description of facility changes Item 2. Completed Short Form-C permit renewal application Attachments: 1. Narrative description that the facility does not generate any solids and does not have a sludge management plan 2. Priority Pollutant Analysis(PPA)for the purposes of this permit renewal should be completed some time within the next week or two and we expect to have sampling results one month from now. The priority pollutant analysis results will be forwarded to you and the NPDES Unit as soon as the results are received. RE(�;E IV Em D 3. Process description of facility 4. SIC Category description of facility 5. Map of the NPDES outfall location AUG 3 1 2009 Thank you for your consideration of this information and timely renewal of this permitEN R - WATER QUALITY Sincerely, INT SOURCE BRANCH Charlie Connerr � �� Plant Manager SGL Carbon,LLC F SEP 14 2009 i r ..r SG! Carbon, LLC cc: Richard Ives,Engineering Manage _.__d___ - ' 307 Jamestown Road WATER QUALITY SECTION ,Morganton,NC 28655 • q^I-{[�,/IEEE fl`-GIOiJ,�L CFFICC ;'� Sglcarbon.com .. .....». ........... . .. ,«w�.,.. A'hone:(828) 437-3221 Fax: (828) 432-5885 NPDES PERMIT APPLICATION m SHORT FORM C ® Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO005258 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise,please print or type. 1. Contact Information: Owner Name SGL Carbon, LLC Facility Name SGL Carbon, LLC Mailing 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 richard.ive a,sorlcarbon.com 2. Location of facility producing discharge: Check here if same as above Z too;k: I VI: LWIF Street Address or State Road T C1 City State / Zip Code QE N R - WAT-ER01 1ALI1Y County P(—)lNIT Cell If C—E BRANCH 3. Operator Information: Name of the firm, consultant or other entity that operates the faci,jty,.4&t."h.a4.J1us.ls rat t feM_ jqg to the Operator in Responsible Charge or ORC) Name SGL Carbon, LLC Mailing Address 307 Jamestown Road City Morganton P_ i State Zip Code North Carolina 28655 Telephone Number (828) 437-3221 WATER QUALITY SECTION Fax Number (828) 437-5885 = ASf1E\�ILLF REGIONAL OFFICE �r n.• . r •1ivM4.t 2 4. Ownership Status: °`"". ...- -��....: ..,.......,,..,.:_..«., . ...,,.z ,,a;=" Federal ❑ State ❑ Private ® Public ❑ Page 1 of 4 C-MI 05/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 3624 6. Number of employees: 95 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. There is no wastewater treatment system in place. Wastewater generated is mostly non- contact cooling water with the remaining wastewater being contact cooling water and baking furnace seal water. 8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: Synthetic graphite products Principal raw material(s) consumed: Coke, coal tar pitch, and petroleum pitch Briefly describe the manufacturing process[es]: The SGL Carbon, LLC facility in Morganton, NC produces carbon and graphite rods that are used by the steel manufacturing industry, as high temperature electrodes and/or milled by customers for other processes. The process at this facility includes the following steps. The first step includes the milling or grinding of petroleum coke to obtain a correct particle size distribution of the ground material. This"carbon black" milled petroleum coke material is then mixed with coal tar pitch. This mixture is formed into large cylindrical and square rods and baked at high temperatures to form a carbon rod that is solid and hard like concrete. Additional bulk density may be added to the carbon rods by impregnating the rods with petroleum pitch under pressure. The petroleum pitch impregnated rods may then be baked again at about 800' C. This step of pitch impregnation and additional baking is only performed as needed to add bulk density to the carbon rods. The final step in the production process is the graphitization of the hardened baked carbon rods. This step is performed by heating the carbon rods to about 2400' C via high electrical current to graphitize the rods. The final products produced are large graphite rods, which have no leachable or volatile material properties. These graphitized rods are essentially the same material as a No. 2 pencil. 10. Amount of principal product produced or raw material consumed List specific amounts consumed and/or units of roduction over the last three ears Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed (AVERAGE) PEAK per Day per Month Approximately 1.8 million pounds of graphite product produced per month per Year Page 2 of 4 C-MI 05/08 NPDES PERMIT APPLICATION m SHORT FORM C ® Minor Industrial Minor industrial, manufacturing and commercial facilities. 11. Frequency of discharge: Continuous ® Intermittent ❑ I£intermittent: Days per week discharge occurs: Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average None Utility water, etc. - monthly average 450,000 GPD non-contact cooling water Process water - monthly average 220,000 GPD contact seal water Stormwater-monthly average 180,000 GPD stormwater Other-monthly average Explain: Monthly Average 850,000 GPD total discharge (all types) 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Silver Creek (Map is included as Attachment 5) 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab samples,for all other parameters 24-hour composite sampling shall be used. If multiple analyses are reported, report daily maximum and monthly average.If only one analysis is reported, report as daily maximum. Parameter Daily Monthly Units of Maximum Average Measurement Biochemical Oxygen Demand (BOD5) (1) Chemical Oxygen Demand (COD) (1) Total Organic Carbon (1) Total Suspended Solids 4.0 2.3 Mg/L Ammonia as N(1) Temperature (Summer) 31.5 22.1 oC Temperature (Winter) 25.5 14.8 oC pH 6.8 6.6 SU Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) (1)Please note that these parameters are not on the current NPDES Permit and data will be submitted to the DWQ along with Priority Pollutant Analysis(PPA)results upon completion of sampling and receipt of lab analysis. Page 3 of 4 C-MI 05/08 NPDES PERMIT APPLICATION - SNORT FORM C ® Minor Industrial Minor industrial, manufacturing and commercial facilities. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Permit Type Permit Number Type Number Hazardous Waste (RCRA) NCR00013821 NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NC0005258 & Dredge or fill (Section 404 or NCS000009 CWA) PSD (CAA) Title V Air Permit 03287T27 Non-attainment program 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Most of the discharge is from non-contact cooling water. There is some contact cooling and baking furnace seal water discharge from baking furnaces that utilize water seals to prevent combustion gas emissions; however, there are no significant chemical additions to the discharge from this process. Because facility stormdrains that are located throughout the facility also discharge to the same NPDES outfall, it is possible that some TSS or Oil and Grease may be discharged to the single NPDES outfall via stormwater runoff. Stormwater discharges are addressed separately in the facility's NPDES Stormwater Discharge Permit NCS000009. 18. Is this facility located on Indian country? (check one) Yes ❑ No 19. Applicant Certification 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 f l , 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$25,000, 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$25,000 or imprisonment not more than 5 years,or both,for a similar offense.) Page 4 of 4 C-MI 05/08 Attachment 1 Narrative Description of Sludge Management at Facility Facility: SGL Carbon, LLC NPDES Permit Number: NC0005258 SIC Code: 3624 - Carbon and Graphite Products I. Description of sludge management (no solids generated) at the SGL Carbon, LLC, Morganton, NC facility The SGL Carbon, LLC facility in Morganton, NC does not generate any solids via wastewater treatment or via wastewater generated at the facility. All wastewater generated and discharged from this facility is either non-contact cooling water or contact cooling baking furnace seal water. There is no wastewater treatment system or no generation of wastewater sludge from this facility. Charlie Conner Plant Manager Printed name of Person Signing Title %cam �z - Signature of Applicant Date Attachment Priority Pollutant Analysis (PPA) for Facility Facility: SGL Carbon, LLC NPDES Permit Number: NC0005258 SIC Code: 3624 - Carbon and Graphite Products I. Priority Pollutant Analysis (PPA) sampling SGL Carbon, LLC has authorized that a priority pollutant analysis be performed for the NPDES permit renewal. SGL Carbon, LLC will perform a priority pollutant analysis as requested for the purposes of this permit renewal. Sampling for this should be completed some time within the next week or two and we expect to have sampling results hopefully within one month from now. The results of the priority pollutant analysis will be forwarded to the NCDENR-DWQ-Point Source Branch as soon as the results are received. Several items of concern should be addressed regarding the priority pollutant analysis. Based on previous PPA analysis results at SGL Carbon and based on some recent priority pollutant analysis results performed by other industries in Morganton, North Carolina, there were several contaminates detected as a result of the local public water treatment processes. These parameters include chloroform and several other chlorine water treatment byproducts resulting from the treatment of public drinking tap water and byproducts of chlorinated tap water. Another parameter of concern is fluorine and fluorine related byproducts that are also a result of the fluorination of tap water at the Morganton water treatment plant. Recent water quality reports on the City of Morganton tap water show fluoride in detectable levels that may present a false concern in a priority pollutant analysis. SGL Carbon, LLC neither uses nor discharges any materials containing fluoride or fluorine products; therefore, SGL Carbon would attribute any fluoride or fluorine results on the priority pollutant analysis to the tap water from the water treatment plant that is located less than 1 mile from the facility. We bring these items to attention only because of our knowledge of other area facilities having these same issues arise during their NPDES permit renewal process and the knowledge that certain contaminates are known to be present in public potable tap water. This is especially of concern because most of our discharge is noncontact cooling water, which is obtained from the City of Morganton public water supply and the fact that our facility is located in close proximity to the water treatment plant. Attached is a copy of the 2008 City of Morganton Water Quality Report documenting disinfection by-products, detectable fluride, and copper levels, as well as other possible pollutants of concern. • oF.n�oq c;i 0 OATH CA4�y, I I I I 1 1 O Every year,The City of Morganton prepares this Consumer Confidence Report so that our customers receive important water quality data.This re- port contains information about the quality of your water as required by regulatory agencies,such as the EPA.We are happy to report that your wa- ter has met or exceeded all applicable standards related to State and Federal Drinking Water Regulations for 2008.We value the trust you place in us to provide you and your family with safe drinking water.Our Laboratory Analysts and Plant Operators perform over 11,000 tests each year on your water to ensure its quality.We perform numerous tests on the water from each phase of treatment and throughout the distribution system.This testing ensures that the water we treat meets and exceeds all current drinking water standards set by NCDENR and the EPA. Source Water Assessment Program(SNAP)Summary (The following information is provided by North Carolina Department of Environment and Natural Resources and is required to be included in this report.If you have any questions about this information call 919-715-2633) The North Carolina Department of Environment and Natural Resources(DENR),Public Water Supply(PWS)Section,Source Water Assessment Program(SWAP)conducted assessments for all drinking water sources across North Carolina.The purpose of the assessments was to determine the susceptibility of each drinking water source to potential contaminant sources.The results of the assessment are available in SWAP Assessment reports.The relative susceptibility rating of each source for the City of Morganton was determined by combining the contaminant rating and the vulnerability rating or the existing conditions of the watershed.The assessment findings are summarized in the table below.It is important to understand that a susceptibility rating of higher does not imply poor water quality,only the systems'potential to be- come contaminated by potential contaminant sources in the assessment area.The complete SWAP Assessment report for Morganton may be viewed on the web at:http:// www.deh.enr.state.nc.us/pws/swap.Please note that because SWAP results and reports are periodically updated by the PWS Section,the results available on this site may differ from the results that were available at the time this CCR was prepared.To obtain a printed copy send a written request to:Source Water Assessment Program- Report Request, 1634 Mail Service Center,Raleigh,NC 27699-1634 or email swap®ncmail.net. Source Name Inherent Vulnerability Rating Containment Rating Susceptibility Rating Catawba River Higher Moderate Higher Organic'111forillation[lie El'A Wallis You lo Know Drinking water,including bottled water,may reasonably be expected to contalnat,least small amounts of some substances.The presence of these substance.,does not necessarily indicate that the water poses a health risk.All sources,both tap and bottled,are fed by water that passes over the surface of the land or under ground.The waterdissolves naturaIIy_ggLuLrjrL minerals andi in some cases.�radioactive material and can!aick u!2 substances resulti 9 from the presence of animals or human a y� Contaminants that may be present in raw(untreated)water include: Microbial-viruses and bacteria from human,agricultural or wildlife sources. Inorganic-salts and minerals naturally-occurring or,result from urban runoff,industrial or domestic wastewater discharges,mining or farming. Pesticides and herbicides-may come from agricultural runoff or residential use. Radioactive materials-can be naturally occurring or the result of mining or human activities. Violations that the City of Morganton Received for 2008 The City of Morganton received a violation for exceeding the filter turbidity requirements on March 6th,2008.The Plant experienced a very high turbidity load from the Ca- tawba River and was out of compliance for several hours.Turbidity has no-known health effects but it does hamper the effectiveness of Chlorine disinfection.The Planes person- nel raised the Chlorine dosage to prevent any issues with disinfection and ran multiple bacteriological tests,which all came back negative.The Plant changed the primary coagu- lant from Alum to DeIPAC and the Planes Operating Procedures in an effort to prevent any future occurrences. We also received a violation for a Contract Laboratory failing to perform an Alkalinity test on a Total Organic Carbon sample taken in April 2008.Alkalinity is a measure of waters ability to neutralize an acid.Alkalinity is a physical characteristic of water and does not pose any known health threat.The City has eliminated this Laboratory from the vendor list and has switched to another Contract Laboratory to ensure compliance with scheduled testing. - •1 11 all alytical Results for Tests Pe fol•nled ili 2008 Contaminate Your Water MCLG MCL Likely Source Alkalinity,(mg/L) 18.7 N/A N/A Erosion of Natural:Minerals Antimony(ppb) N/D 0.006 0.006 Fire Retardants;Solder;Electronics Arsenic(ppb) N/D 0 0.010 Natural Sources;Production Waste Barium(ppm) N/D 2.0 2.0 Metal Refineries;Natural Deposits Beryllium(ppb) N/D 0.004 0.004 Discharge.from Coal Burning Facilities Cadmium'(ppb) N/D 0.005 0.005 Erosion of Natural Deposits;,Corrosion"of Galvanized Pipesbischarges by Ref(neries' Chromium,(ppb) N/D 0.1 0.1 Discharge from Steel or Pulp Mills;Natural Minerals Copper(ppm) 0.07 1.3 A.L.=1.3 Erosion of Household Plumbing;Naturally Occurring Cyanide(ppb): N/D 0.2 6.2 Discharge from Steel,Plastic,or Fertilizer Factories Fecal Coliforms 0 0 0 Human or Animal Fecal Waste Fluoride(ppm) 1.01 4.0 4:0 Additive to support Strong Teeth;Erosion of Natural Deposits iron(ppb) N/D 0.3 0.3 Corrosion of Household Plumbing Lead(ppb) N/D 0 A.L.=0.015 Corrosion of Household Plumbing;Erosion of Natural Deposits Manganese(mg/L) N/D 0.05 0.05 Erosion of Natural Deposits Mercury(ppb) N/D 0.002 0.002 Erosion of Natural Deposits;Runoff from Landfills;Discharges from Factories Nitrate(ppm) N/D 10 10 Runoff from Fertilizer Use;Erosion of Natural Deposits Nitrite(ppm) N/D 1 1 Runoff from Fertilizer Use;Erosion of Natural Deposits pH 7.4 N/A N/A Erosion of Natural Deposits Selenium(ppb) N/D 0.05 0.05 Discharge From Petroleum Refineries;Erosion from Natural Deposits Sulfate(mg/L) 9.82 250 250 Soil Runoff Temperature(°C) 21 N/A N/A N/A Thallium(ppb) N/D 0.0005 0.002 Leaching from Ore-Producing Sites;Discharge from Electronics,Drug,or Glass Fac- tories Total Coliforms 0 0 >5%Month Naturally Present in the Environment Total Haloacetic Acids.(ppb) 0.048 N/A 0.060 By-Product of Disinfection Total Organic Carbons(mg/L) 1.2 N/A N/A Naturally Occurring Element Total Trihalomethanes(ppb) 0.082 0 0.080 By-Product of Disinfection Turbidity(NTU's)' 3.02* >0.2 0.3 Soil Runoff *Turbidity Result was the highest recorded result from 2008.The reading was taken on 316/2008.Average Turbidity'was 0.027 NTLI's for 2008. Action Level(AL)-the concentration of a contaminant,which if exceeded,triggers additional treatment or other requirements,which a system must follow. Maximum Contaminant Level Goal(MCLG)-The Goal(MCLG)is the level of a contaminant in drinking water below which there is no known or ex- pected risk to health.MCLG allow for a margin of safety. Maximum Contaminant Level(MCL)-The Maximum Allowed(MCL)is the highest level of a contaminant that is allowed in drinking water.MCL are set. 's as close to the MCLG as feasible using the best available technology. Non-Applicable(NIA)-Information not applicable or required Non-Detects(N/D)—laboratory analysis indicates that the contaminant is not present at the level of detection set for the particular methodology used.," i Parts per million(ppm)-one part per million(milligrams per liter)corresponds to one minute in two,years,or single,penny in$10,000. sC, cParts per billion(ppb)--one part per billion(micrograms per liter)corresponds to one minute in two thousand years,or one penny in$10 million. L= Nephelometric Turbidity Unit(NTU)=a measure of the cloudiness of the water.Turbidity over 5 ntu is just noticeable to the average person. It is a a good indicator of the effectiveness of our filtration system.Turbidity%-low levels are a goal for all substances except turbidity as a percentage.The turbidity rule requires that 95%or more of the monthly samples must be below 0.3 NTUs. Actionr Level(AL)-the concentration of a contaminant,which if exceeded,triggers treatment or other requirements,which a system must follow. TT-a treatment technique is required process intended to reduce the level of a contaminant in drinking water. I Total Organic Carbon(TOC) has no health effects.However,TOC provides a medium for the formation of disinfection byproducts. Extra note:MCL are set at very stringent levels.`To understand the possible health effects for many regulated substances,a person would have to drink 2 liters of water everyday at the MCL level fora lifetime to have a one-in-a-million chance of having thedescribed health effect. 7 e � Attachment Process Description of Facility Facility: SGL Carbon, LLC NPDES Permit Number: NC0005258 SIC Code: 3624 - Carbon and Graphite Products I. Description of process at the SGL Carbon, LLC, Morganton, NC facility The SGL Carbon, LLC facility in Morganton, NC produces carbon and graphite rods that are used by the steel manufacturing industry, as high temperature electrodes and/or milled by customers for other processes. The process at this facility includes the following steps. The first step includes the milling or grinding of petroleum coke to obtain a correct particle size distribution of the ground material. This "carbon black" milled petroleum coke material is then mixed with coal tar pitch. This mixture is formed into large cylindrical shaped rods and baked at high temperatures to form a carbon rod that is solid and hard like concrete. Additional bulk density may be added to the carbon rods by impregnating the rods with petroleum pitch under pressure. The petroleum pitch impregnated rods may then be baked again at about 800' C. This step of pitch impregnation and additional baking is only performed as needed to add bulk density to the carbon rods. The final step in the production process is the graphitization of the hardened baked carbon rods. This step is performed by heating the carbon rods to about 2400' C via high electrical current to graphitize the rods. The final products produced are large graphite rods which have no leachable or volatile material properties. These graphitized rods are essentially the same material as a No. 2 pencil. II. Raw Materials: Petroleum Coke, coal tar pitch, and petroleum pitch III. Process Description Outline: 1. Milling / grinding of petroleum coke. 2. Mixing of ground coke with coal tar pitch. 3. Forming / extrusion of cylindrical rods of the coke / coal tar pitch mix. 4. High temperature baking of rods to form a solid hard carbon rod. 5. If needed, the hard carbon rod is impregnated with petroleum pitch and baked again at about 800' C. This step adds bulk density to the rod. 6. Carbon rod is graphitized at high temperature of about 2400' C producing a graphite rod. Attachment 4 SIC Category Description of Facility Facility: SGL Carbon, LLC NPDES Permit Number: NC0005258 SIC Code: 3624 - Carbon and Graphite Products I. Category of SGL Carbon, LLC based on SIC code 3624 In addressing the SIC Code for this facility, we have attached a copy of the description from US DOL- OSHA of the SIC Code 3624 The SIC code for this facility is correct and is specific to what SGL Carbon does. SIC 3624 - Carbon and Graphite Products applies to SGL Carbon, LLC, as it is an establishment engaged in manufacturing carbon and graphite electrodes for thermal and electrolytic uses. The facility is not engaged in any electronics manufacturing or any type of electronic equipment. The facility should not be and is not a categorical discharger under the electronic or electrical equipment manufacturing category. According to Appendix A (SIC Code Cross Reference and Total and Human Health Toxicity Number) of the NPDES Permit Rating Work Sheet, SIC Code 3624 Carbon and Graphite Products is not listed as a CFR categorical industry. A copy of the applicable page of Appendix A is also attached. Based on these SIC Code descriptions and the manufacturing process at SGL Carbon, LLC in Morganton, this is the correct and accurate SIC for this facility and this SGL Carbon, LLC facility is not subject to any categorical NPDES discharge standards for electronics or electrical equipment manufacturing. Supporting documentation: US DOL SIC Code Description for 3624 Page of Appendix A to NPDES Permit Rating Work Sheet showing SIC Code 3624 'Description for 3624: Carbon and Graphite Products U.S. Department of Labor , Occupational Safety & Health Administration �p � www.osha.qov NlyOSHA Search Md Advanced Search I A Z Index SIC Description for 3624 Description for 3624., Carbon and Graphite products Division D: Manufacturing Major Group 36: Electronic And Other Electrical Equipment And Components, Except Computer Equipment Industry Group 362: Electrical Industrial Apparatus 3624 Carbon and Graphite Products Establishments primarily engaged in manufacturing carbon, graphite, and metal-graphite brushes and brush stock; carbon or graphite electrodes for thermal and electrolytic uses; carbon and graphite fibers; and other carbon, graphite, and metal-graphite products. ® Brush blocks, carbon or molded graphite ® Brushes and brush stock contacts: carbon and graphite-electric ® Carbon specialties for electrical use ® Carbons, electric ® Electrodes for thermal and electrolytic uses, carbon and graphite ® Fibers, carbon and graphite ® Lighting carbons [ SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited ] Back to Ton www.osha.gov www.dol.ao Contact Us I Freedom of Information Act I Customer Survey Privacy and Security Statement I Disclaimers Occupational Safety & Health Administration 200 Constitution Avenue, NW Washington, DC 20210 http://www.osha.gov/pls/imis/sic_manual.display?id=806&tab=description 06/23/2005 M APPENDIX A SIC Code Cross Reference and Totat and Nwan Health Toxicity Number 1972! Human 1977 1987 CFR Health Total Industr- SIC SIC 1987 CFR Sub- Sub-part title Toxieity Toxiefty Subcat Code Code Titte Part Part Number Number Nuber 3573 3572 ELECTRONIC COMPUTING EQUIPMENT 433 A METAL FINISHING 1 9 2 3573 3572 ELECTRONIC COMPUTING EQUIPMENT MR NO ELECTROPLATING 1 I 49 3573 3575 ELECTRONIC COMPUTING EQUIPMENT MR NO ELECTROPLATING 1 1 94 3573 3575 ELECTRONIC CCMPUTINO EQUIPMENT 433 A METAL FINISHING 1 9 3 3573 3577 ELECTRONIC COMPUTING EQUIPMENT 433 A METAL FINISHING 1 9 4 3573 3577 ELECTRONIC COMPUTING EQUIPMENT MR NO ELECTROPLATING 1 1 99 3573 3695 ELECTRONIC COMPUTING EQUIPMENT 433 A METAL FINISHING 1 9 5 3573 3695 ELECTRONIC COMPUTING EQUIPMENT MR NO ELECTROPLATING 1 1 99 `3574 3578 CALCULATING AND ACCOUNTING MACHINES 433 A METAL FINISHING 1 9 0 3574 3578 CALCULATING AND ACCOUNTING MACHINES MR NO ELECTROPLATING 1 1 49 3576 35% SCALES AND BALANCES, EXC. LABORATORY 433 A METAL FINISHING 1 9 0 3576 3596 SCALES AND BALANCES, EXC. LABORATORY MR NO ELECTROPLATING 1 1 99 3579 3579 OFFICE MACHINES, NEC 433 A METAL FINISHING 1 9 0 3579 3579 OFFICE MACHINES, NEC MR NO ELECTROPLATING 1 1 99 3591 3581 AUTOMATIC MERCHANDISING MACHINES 433 A METAL FINISHING 1 9 0 3581 3581 AUTOMATIC MERCHANDISING MACHINES MR NO ELECTROPLATING 1 1 99 3582 3582 COMMERCIAL LAUNDRY EQUIPMENT 433 A METAL FINISHING 1 9 Q 3582 3582 COMMERCIAL LAUNDRY EQUIPMENT MR NO ELECTROPLATING 1 1 99 358S 3585 REFRIGERATION AND HEATING EQUIPMENT 433 A METAL FINISHING 1 9 0 3585 3585 REFRIGERATION AND NEATING EQUIPMENT MR NO ELECTROPLATING 1 1 99 3S86 3556 MEASURING AND DISPENSING PUMPS 433 A METAL FINISHING 1 9 0 3586 3586 MEASURING AND DISPENSING PUMPS MR NO ELECTROPLATING 1 1 9q 3589 3589 SERVICE INDUSTRY MACHINERY, NEC 433 A METAL FINISHING 1 9 0 3589 3589 SERVICE INDUSTRY MACHINERY, NEC MR NO ELECTROPLATING 1 1 09 3592 3592 CARBURETORS, PISTONS, RINGS, VALVES 433 A METAL FINISHING 1 9 0 3592 3592 CARBURETORS, PISTONS, RINGS, VALVES MR NO ELECTROPLATING 1 1 99 35" 3593 MACHINERY, EXCEPT ELECTRICAL, NEC 433 A METAL FINISHING 1 9 1 3599 3593 MACHINERY, EXCEPT ELECTRICAL MR NO ELECTROPLATING 1 1 99• 3599 3599 MACHINERY, EXCEPT ELECTRICAL MR NO ELECTROPLATING 1 1 99 35" 3599 MACHINERY, EXCEPT ELECTRICAL 433 A METAL FINISHING 1 9 2 3612 3612 TRANSFORMERS 433 A METAL FINISHING 1 9 0 3612 3612 TRANSFORMERS MR NO ELECTROPLATING 1 1 99 3612 3612 TRANSFORMERS MR DRY TRANSFOMNsRS 8 8 99 3613 3625 SWITCHGAR AND SWITCHBOARD APPARAl11S 433 A METAL fl%ISHtNG 1 9 0 3613 3625 SWITCHGEAR AND SWITCHBOARD APPARATUS MR NO ELECTROPLATING 1 1 99 3613 3613 SVITCHGEAR AND SWITCHBOARD APPARATUS MR NO ELECTROPLATING 1 1 99 3613 3613 SW)TCHGEAR AND SWITCHBOARD APPARATUS 433 A METAL FINISHING 1 9 0 3621 3621 MOTORS AND GENERATORS 433 A METAL FINISHING 1 9 0 3621 3621 MOTORS AND GENERATORS MR NO ELECTROPLATING 1 1 99 3622 3625 RELAYS AND INDUSTRIAL CONTROLS 433 A METAL FINISHING 1 9 0 3622 3625 RELAYS AND INDUSTRIAL C1!AMTROLS MR NO ELECTROPLATING 1 1 99 3623 3543 WELDING APPARATUS, ELECTRIC MR NO ELECTROPLATING 1 1 99 3623 3548 WELDING APPARATUS MR NO ELECTROPLATING 1 1 99 3624 3624 CARBON AND GRAPHITE PRODUCTS MR CARBON i GRAPHITE PRODUCTS 8 8 99 3629 3629 ELECTRICAL INDUSTRIAL APPARATUS, NEC 433 A METAL FINISHING 1 9 0 3629 3629 ELECTRICAL INDUSTRIAL APPARATUS, NEC MR NO ELECTROPLATING 1 1 99 3629 3629 ELECTRICAL INDUSTRIAL APPARATUS, NEC MR FUEL CELLS 6 8 99 3631 3631 HOUSEHOLD COOKING EQUIPMENT 433 A METAL FINISHING 1 9 3631 3631 HOUSEHOLD COOKING EQUIPMENT MR NO ELECTROPLATING/PORCELAIN 1 1 99 3631 3631 HOUSEHOLD COOKING EQUIPMENT 466 A STEEL BASIS MATERIAL (PORCELAIN) 10 10 3 3631 3631 HOUSEHOLD COOKING EQUIPMENT 466 C ALUMINUM BASIS MATERIAL (PORCELAIN) 10 10 2 3632 3632 HOUSEHOLD REFRIGERATORS AND FREEZERS 433 A METAL FINISHING 1 9 1 3632 3632 HOUSEHOLD REFRIGERATORS AND FREEZERS MR NO ELECTROPLATING (PORCELAIN) 1 1 99 3632 3632 HOUSEHOLD REFRIGERATORS AND FREEZERS 466 A STEEL BASIS MATERIAL (PORCELAIN) 10 10 2 Attachment 5 USGS '7. 5 MIN TOPOGRAPHY MAPN July 1 1996 NPDES ®utfall Location SGL Carbon, LLC 307 Jamestown Road; Morganton, NC i - _ i1i1• r-. • I ■« �'■ -. -. si YiT tii }r � 'af',sa }v� -s • f��Y 1! t U( f,f Y�jl'�� -•.■... � _-y • ' ■ i■ ✓''„(.-+ti 1. t � : j � '-.f(■ i __,.r I, h`�L'JY T• y.-�,�• " f Y - r kt i tt, si�• rll ,�■ �� S S ■rT~t 3+F �1YL■ 'Y " i• If 'k„ .'---� •.., a ■a � I 1 �w •�i.�r � I{ii •■i l T • ■•■Y7■ ITT y...- ■ Yt' -' r • y�. t ■�� � �I .bill. ,_�f • � t •! � + �. � �f rr sl r■ 1 ■ L,Lbll[■ 1� .■ s".� i W yy }, �M — v r l413s� " t I • r Y T ■� f �e _ "f ttl Existing 4 Disc6rge_Point «; elk ,J {, i I p r-'ti � t a�R i T -! f t.. 1 �-.x�':r": r 1 l Fa(;��.,} � ?l �'' �i•11� i} .-::-+w�+.�t�«.�* .:r 'Il J` If MUSi GS SGL Carbon,LLC-NPDES Permit No.NC0005258 Topographic Map of Outfall Location Latitude: 35' 43' 42" Longitude: 81' 43' 33" Receiving Stream: Silver Creek OF W ATFR Michael F.Easley,Governor Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources p Alan W.Klimek P.E Director, DAvlsion o�Water Quality January 25, 2007 I JAN 3 0 �u01 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 January 11, 2007 by Mr. Gary 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 maintenanoe, 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, 147 Pat Donnelly Branch Manager Enclosure cc: Gary Francies Asheville Regional Office NorthCarolina Natuivily North Carolina Division of Water Quality 1623 Mail Service Center Raleigh,NC 27699-1623 Phone(919)733-3908 Customer Service Internet: www.dwqlab.org Location:4405 Reedy Creek Rd Raleigh,NC 27607 Fax (919)733-6241 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper t On-Site Inspection Report LABORATORY NAME: SGL Carbon, LLC ADDRESS: 307 Jamestown Road Morganton, NC 28655 CERTIFICATE NO: 609 DATE OF INSPECTION: 1/11/07 TYPE OF INSPECTION: Maintenance EVALUATOR: Mr. 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. II. 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. Ill. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS: NOTE: All of the following comments are new requirements or policies that have been implemented since the last inspection. p A. COMMENT (New Policy): Data values are reported to 0.01 S.U. not 0.1 S. U. as required by the method. REQUIREMENT: A variance of ± 0.1 pH unit represents the limit of accuracy under normal conditions, especially for measurement of water and poorly buffered solutions. For this reason, report pH values to the nearest 0.1 pH unit. Ref: Standard Methods, 20th Edition — Method 4500-H+ B. 6. COMMENT (New policy): The temperature at which pH is measured is not documented. NOTE: Upon learning of this new requirement the facility implemented it beginning January 9, 2007. REQUIREMENT: Document the temperature at which the pH sample(s) are analyzed. Ref: EPA 150.1- 4.4, Standard Methods 18`h Edition Method 4500H+ B.1 b. No response is required. 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: August, September, October, and November 2006. The following errors were noted: Date Parameter Location Value on Value on Bench sheet DMR 10/04/06 Temperature Downstream 16.8 ° C 15.80 C 11/09/06 Temperature Effluent 18.7 ° C 8.70 C 11/15/06 pH Effluent 6.68 6.88 In order to avoid questions of legality, it is recommended that amended DMRs be submitted to this Division. It appears the facility is doing a good job of accurately transcribing data. V. CONCLUSIONS: Correcting the above cited comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. The inspector would like to thank the staff for their assistance in the inspection and data review process. Please respond to all lettered comments. Report prepared by: Gary Francies Date: January 17, 2007 Reviewed by: Chet Whiting Date: January 23, 2007 OF W A rF Michael F.Easley,Governor Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources t~ Alan W.Klimek,P.E.Director O "r Division of Water Quality C Asheville Regional Office SURFACE WATER PROTECTION ae,. March 22, 2007 1 L Mr. R.T. Ives, Engineering Manager Sgl Carbon, LLC 307 Jamestown Road Morganton, North Carolina 28680 Subject: Response Letter NOTICE OF VIOLATION NOV-2007-MV-0032 Permit No. NC0005258 SGL Carbon Corporation Burke County Dear Mr. Ives: Thank you for your response letter, to NOV-2007-MV-0032, dated March 9, 2007. In order to avoid any possible confusion, in reporting, please ensure that the information submitted with your letter is reported on SGL Carbon's March 2007 DMR as well. If you should have any questions, please do not hesitate to contact me at (828) 296-4500. Sincerely, Lar Frost E ironmental Engineer cc: WQ Central Files NPDES Unit ARO No ehCarolma 2090 UA.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Naturally ROY COOPER Governor MICHAEL S. REGAN secretary LINDA CULPEPPER Water Resources 1nterini Director ENVIRONMENTAL QUALITY - February 9, 2018 Mr. Billy Thompson SGL Carbon, LLC 307 Jamestown Road Morganton,North Carolina 28655 Subject: Final NPDES Permit Renewal Permit NC0005258 SGL Carbon Burke County Class I Facility SIC 3624 Dear Mr. Thompson: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached 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 October 15, 2007 (or as subsequently amended). This final permit contains the following changes from your previous permit: • Removed Total Silver and Total Zinc monitoring from this permit. • Reduced Total Copper monitoring to quarterly in this permit(see A(1)). • Added new Total Residual Chlorine(TRC)WQBEL in this permit with compliance effective February 1,2018 (see A(1)). • Added quarterly monitoring for effluent hardness data and instream hardness data,upstream of the discharge(see A(L)). • Added a special condition for the NC DWR's Electronic Discharge Monitoring Report(eDMR) requirement(see Special Condition A(3)). 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 demand is made,this decision shall be final and binding. State of North Carolina I Environmental Quality I Water Resources 512 N.Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612 919 807 6464 i Page 12 Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have any questions concerning this permit, please contact Ron Berry at(919) 807-6396 or via email at ron.berry@ncdenr.gov. Sincerely, SIGNED BYJULIE GRYZB FOR DIRECTOR Linda Culpepper Interim Director, Division of Water Resources,NCDEQ 'I Hardcopy: NPDES Files Central Files DWR/Asheville Regional Office/Water Quality Ecopy: DWR/Aquatic Toxicology Branch/Susan Meadows DWR/Asheville Regional Office/PWSS/Bill Conner Permit NC0005258 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 1, 2018. This permit and the authorization to discharge shall expire at midnight on February 28, 2023. Signed this day . . . . . . February 9, 2018. SIGNED BYJUILE GRBYZ FOR DIRECTOR Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 Permit NC0005258 -- __ --- ---- . SUPPLEMENT-'9 PERMLT-C9_V_ER-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 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. Page 2 of 8 i Permit NC0005258 Part I A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] 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 1 by the Permittee as specified below: EFFLUENT EFFLUENT LIMITATIONS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location 2 Flow, MGD Daily Instantaneous E Temperature 3 Daily Grab E, U, D Total Residual Chlorine 4 28 µg/L Weekly Grab E Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Composite E Oil and Grease 10.0 mg/L 15.0 mg/L 2/Month Grab E pH, S.U. Weekly Grab E Total Copper, µg/1 Quarterly Composite E Total Hardness as [CaCO3 or(Ca+Mg)] 5,mg/L Quarterly Composite E Total Hardness as [CaCO3 or(Ca+Mg)] 6,mg/L Quarterly Grab U Total Lead, µg/l Annual Composite E Total Selenium, µg/1 Annual Composite E Chronic Toxicity 7 Quarterly Composite E Notes: 1. Starting on December 21,2016,begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A(3.). 2. Sample locations: E-Effluent,I-Influent,U-Upstream 100-feet above outfall,D-Downstream 300-feet below outfall. 3. 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. The sample shall be representative of the temperature in the receiving stream 4. The Division shall consider all effluent total residual chlorine values reported below 50 µg/L to be in compliance with the permit. However,the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including filed certified)even if these values fall below 50 jig/L. 5. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals (copper, lead). 6. The Permittee shall sample instream hardness,upstream from the facility's discharge. The sample shall be representative of the hardness in the receiving stream. 7. 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. Page 3 of 8 Permit NC0005258 A (2.)CHRONIC TOXICITY PERMIT LIMIT (Quarterly) --- -- - [15A-NGAG02B .0200-et-seq-.-] --- - ---- --. 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, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised December 2010, or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-December 2010) or subsequent versions. The tests will be performed during the months of March,June, September, and December. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and 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-December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1)for the months in which tests were performed,using the parameter code TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh,NC 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, 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 Water Sciences Section at the address cited above. Page 4 of 8 Permit NC0005258 (Continued A(2.) CHRONIC TOXICITY PERMIT LIMIT) Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources 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. A (3.)ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit(Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: Page 5 of 8 Permit NC0005258 (Continued A(3.) ELECTRONIC REPORTING OF MONITORING REPORTS) NC DEQ/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access,then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method,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. Starting on December 21, 2020,the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act(CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division(see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(l)(9),the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program)that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: https://www.federalre ig ster.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge- elimination-system-npdes-electronic-reporting rule Electronic submissions must start by the dates listed in the "Reporting Requirements" Page 6 of 8 Permit NC0005258 (Continued A (3.) ELECTRONIC REPORTING OF MONITORING REPORTS) 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (1 l.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account,please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Page 7 of 8 Permit NC0005258 (Continued A (3.) ELECTRONIC REPORTING OF MONITORING REPORTS) 5. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 8 of 8 SGL GROUP THE CARBON COMPANY BROAD BASE BEST SOLUTIONS April 5, 2017 RECEIVED Linda Wiggs APR 10 2017 NC Department of Environmental Quality Division of Water Resources 2090 US Highway 70 water Ouairty Regfond Operations Swannanoa,NC 28778 Asheville Regional Office Response to Compliance Sampling Inspection Ms. Wiggs: We received a letter from you dated March 16, 2017 regarding a site inspection conducted February 28 and the associated findings. Your letter noted that during the inspection you tested our effluent at the outfall and found that we were discharging water with a total residual chlorine level of 1180 ug/l. You found the chlorine level to be 690 ug/1 as well. This violates the surface water standard level of 17 ug/l for Silver Creek. The letter requires us to respond in writing . within 30 days of receipt of the letter and this will serve as our response. SGL participated in a conference call on March 30, 2017 to discuss the chlorine residual issue with you. In addition to you, Lee Gjetley our North American Environmental Manager, Billy Thompson our plant Environmental Manager and I were on the call. SGL does not add any chlorine to our water. The only source of chlorine is the residual chlorine in the water that we purchase from the local municipality. Due to our close proximity to the filtration plant, this is the only reason that our chlorine level is high. We use municipal water to cool our various furnaces by using a single pass system. Additionally, as we informed you during your visit we were in the process of repairing our cooling towers. This is our only closed loop system and at this time we were discharging a much larger volume of single pass cooling water in our effluent. This situation likely increased the residual chlorine level in Silver Creek due to the over 3 million gallons per day increase in cooling water. We all agree that SGL has no past or current permitted total residual chlorine limit nor do we have any requirement to monitor for this material. We do recognize it is likely that we will receive a limit or a monitoring requirement when our permit is renewed. At this juncture we will evaluate the chlorine in our system and methods for removal prior to discharge. Based on your comments during our call, when we receive our new permit, it will have a residual chlorine limit of no less than 50 ug/l at our outfall and that achieving this level will be compliant with any SGL Carbon, LLC 307 Jamestown Road Morganton, NC 28655 Sglcarbon.com Phone: (828)437-3221 Fax: (828)432-5885 requirements of our new permit. We are in the process of evaluating our discharges and determining the best course of action to comply with this limit. We propose the following timeline to address the issue: • Identify sources of municipal water entering the storm/cooling water drainage system by May 2017. • Evaluate treatment methodology, equipment and reagents to lower residual chlorine in effluent to acceptable levels and decide on best approach by September 2017. • Complete SGL Capital Expenditure approval process (budget must be allocated for FY 2018),purchase and install equipment by February of 2018. If you have any questions o.r concerns regarding this response please contact me at 828 432- 5856. Sincerely, Mark Lundblad, Plant Manager SGL Carbon, LLC SGL Carbon, LLC 307 Jamestown Road Morganton,NC 28655 Sglcarbon.com Phone: (828)437-3221 Fax: (828)432-5885 ROY COOPER Governor LJ Lai j i:.——j. MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Director March 16, 2017 Mark Lundblad SGL Carbon 307 Jamestown Rd. Morganton,NC 28655 SUBJECT: Compliance Sampling Inspection SGL Carbon Corporation Permit No:NC0005258 Burke County Dear Mr. Lundblad: On February 28, 2017,the Division of Water Resources (Division) staff conducted a Compliance Sampling Inspection at the subject facility. Present during the inspection were Jeff Woodruff with SGL Carbon and Dan Boss with the Division. This inspection was conducted to determine the Total Residual Chlorine (TRC) levels in the SGL Carbon effluent and in Silver Creek downstream of the SGL Carbon discharge. TRC levels of an effluent are determined as compliant at a level of less than 50 ug/l. The Surface Water Standard for TRC pursuant to 15A NCAC 02B.0211(3) is 17 ug/1. The SGL Carbon effluent TRC was 1180 ug/1 and Silver Creek TRC, downstream of the SGL Carbon discharge,was 690 ug/l. Based on these results, SGL Carbon is exceeding the applicable North Carolina 15A NCAC 02B Surface Water Standard for Total Residual Chlorine. -.- Please•respa.ond iww.riting w-ithin thirty (30) days of the date of:this letter regarding SGL Carbon's remedial actions to remove TRC from their effluent discharge to a level that will not violate the Surface Water Standard of 17 ug/l. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report / cc: Billy Thompson,Jeff Woodruff SGL Carbon(e-copy) F Asheville Files NPDES Permitting Unit-John Hennessy MSC 1617-Central Files-Basement G:\WR\WQ\Burke\Wastewater\Industrial\SGL Carbon 05258\CSI.2-28-20171tr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NP.DES yr/mo/day Inspection Type Inspector Fac Type IN I 2 15 I 3 I NC0005258 I11 12 17/02/28 J17 18 I c I 19 j a i 201 21111111 1111111111I III liil l i I I I I I IIIIIIIIIII t66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------Reserved------------- 6711 70 L JI 71 J 72 LJ 73 I 74 75I III_LI I_ 80 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) 03:OOPM 17/02/28 10/04/01 SGL Carbon Corporation 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 04:OOPM 17/02/28 15/02/28 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 Contacted Rick Ives, //828-432-5811/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Self-Monitoring Program ® 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 Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Daniel J Boss j2, ARO WQ//828-296-4658/ Signature of amaent Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31-- ---Nco005258 I11 12 �.7/02/2s 17 18 IvJ Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present during the inspection were Jeff Woodruff with SGL and Dan Boss with DWR. . This inspection was conducted to determine the Total Residual Chlorine(TRC) levels in the SGL effluent and in Silver Creek downstream.of the SGL discharge. SGL effluent TRC—1180 ug/I Silver Creek downstream of SGL discharge—690 ug/I TRC levels of an effluent are judged as compliant at a level of less than 50 ug/l.The Surface Water Standard for TRC is 17 ug/l. 1 i I Page# 2 Permit: NC0005258 Owner-Facility: SGL Carbon.Corporation Inspection Date: 02/28/2017 Inspection.Type: Compliance Sampling Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and.other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Upstream/ Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type,and ■ ❑ ❑ ❑ sampling location)? Comment: Page# 3 °° D 10 1- I Oco L� m 00 Z 'r1f... Q7Z �r*1 MO Otip./) 1 1 ((A OI ' n r i u I �N m O-- _y c m —f o O Z Z _1 w _ I 1 O Z Z 1t Nf� o v eai. ts! M 1 i z D fM m 1 10 rn(A f-T7l z oNll I 4; 1 a 1. n O O L O 1 N I u 1 O NI N IN V _ o Z Z �J /O 1 y q l/ 1 1 1 O aip. 41 / 1 1 � .TI I• iN 1 �t 1 1 \ 1 CD CD/ O 111 , 9'1 OI f O r 10 *7p 1 \ a 1- t! � V 4 1 N 1 U Im p Y i OR ; Co- Bide. N25DN m N �� ;O I 11.1111.• - 8I09. 125C .,ut�0 1gi •pN , ' 1 C N 'y N Bldg, 0250 N wJu Ra :N a a� N Bldq. m N IN Iw to i to Cc p po UP t u � i io ;o 1 1 A eI% X 1 C L1-_------_-�N a t XIS 8 N N 1 N -4 � TI� Y O Z YY s O » t OD s 'i e R 2 ay 1 spit ! ti Ali l NC ENR North Carolina Department of Environment and Natural Resources 1— --- ---- ,ioN Division Of Water Quality WATER QUALITY SEC PSF =VILLE_ f3F G 111V� OFF10 ,_,_ Beverly Eaves Perdue Coleen H. Sullins -Dee reeman - ;.f.,a i Governor Director Secretary February 23,2009 Mr. Charles Connor SGL Carbon,LLC 307 jaYnestown Road Morganton,NC 28655 Subject: Final NPDES Stormwater Permit Permit NCS000009 SGL Carbon,LLC Burke County Dear Mr.Connor: In response to your renewal application for continued coverage under NPDES stormwater 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 U.S.Environmental Protection agency dated October 15,2007(or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on December 31,2008. The qualitative monitoring strategy remains the same(semi-annual)as the previous term of the permit. Please note that zinalytical monitoring is also required in this 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. Per the requirements of the Catawba Riparian Buffer Rule, all stormwater drainage from portions of this site that have been.constructed after June 30,2001 must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0243. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual,available at: htt]2://h2o.enr.state.nc.us/su/bml2 forms.htm 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. 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 Wetlands and Stormwater Branch One 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 N& thCarolina Location:512 N,Salisbury St.Raleigh,North Carolina 27604 Naturally Phone:919-8-807-63001 FAX:919-807-64941 Customer Service:1-877-623.6748 v/'/ Internet:www.ncwaterqualily,org An Equal Opportunity\Affirmative Action Employer 1 Mr. Charlie Cormer SGL Carbon,LLC r Permit No.NCS000009 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 or comments concerning this permit,contact Brian Lowther at(919)807-6368 or brian.lowther©nc.mail.net. Sincerely, ORIGINAL SIGNED BY for Coleen H.SullinK,%.P LF cc: Asheville Regional Office,Water Quality Section Mike Mitchell,EPA.Region IV Stormwater Permitting Unit Central Files Attachments: Individual Stormwater Permit NCS000009 2 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 wiffthe 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, LLC is hereby authorized to discharge:stormwater from a.facility located at. SGL Carbon, LLC 307 Jamestown Road Morganton,NC Burke County to receiving.waters designated as Silver Creek, a class WS-IV 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,Viand VI-hereof... This permit shall become-effective.[March 1;2009]. This permit and the authorization to discharge shall expire at midnight on[February 28,2014]. Signed this day [February 23, 2009]. ORIGINAL SIGNED 9V KEN PICKLE for Coleen H. Sullins Director . Division of Water Quality By the Authority of the Environmental Management Commission 1 Permit No.NCS000009 i 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 FOR NPDES STORMWATER INDIVIDUAL ' PERMITS Section A: Compliance and Liability. L." ' 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 . 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 1 Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities . , Section D: Monitoring'and Records I. Representative Sampling 2. Recording Results . 3. . Flow Measurements 4. Test Procedures 5.1 Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: ReporfingR.equirements 1. Discharge Monitoring Reports. 2. Submitting Reports 3. Availability of Reports 4. . Non-Stornwater Discharges 5.1 Planned.Changes .6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. ;Other Noncompliance 10. .6ther Information PART W. LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No.NCS000009 PART I 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. . If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR§122.26(g),the facility may qualify for a No Exposure Exclusion.from NPDES stormwater discharge permit requirements. Any owner or operator wishing.to obtain a No Exposure Certification. -must submit a No Exposure Certification NOI form to the Division;must receive approval by the Division;must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five(5)years. 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 that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater 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. The stormwater discharges allowed by this individual permit shall.not cause or contribute to violations of Water Quality Standards. 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. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No.NCS000009 74.1 ." h, ' -•~ y ( �j F A��. ! yfE r, R tl �' r t'� I- � • t a r }r i- Mt,,,.._• � {•aF(.+Ifi Its �,. � ��. � ,� � �.# VITA t 1i r ; =a;— ;t��•'�'. J. aaf,1 •C f %. �.�., a�� Mrr^I c (•A=�l�l, S ak �`, 'S" dam" afi t r max , , SGL Carbon,LLC y & lyS � �J k' . !�r n '-' � { t. .. �" ",wx�i' a) t3 ��t - �.n •k �(t ,kr :,}p g Y�s ... ft t� •�3 �i - � =X. i _ u� >`i qq 'Y''`S 1' ;ej� 14. 'i r ( NCS000009 SG Carbon, LLB N Latitude, 350 43'5111 N Longitude:8111.43'42"W . �.� '�r . ... County:Burke Receiving Stream:Silver Credo Stream Class:WS-IV Sub-basin: 03-08-31(Catawba River Basin). Map Scale 1:24,044 Facility Location Part I Page 2 of 2 Permit No.NCS000009 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWA.TER 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 general 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 locationmap (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 poirit(s) of discharge. The general location map (or alternatively the site map)shall identify whether each receiving water'is impaired(on the state's 303(d)list of impaired waters) or is located in a watershed for which a TMDL has been established,and what the parameter(s) of concern are.. . North Carolina's 303(d)List can be found here: http://h2o.eiir.state.nc.us/tmdl/General_303d.htm#Downloads'. North Carolina TMDL documents can.be found here: http://h2o.enr:state.nc.us/tmdl/TMDL list.htm#Final TMDLs. (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.A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c)- A site map drawn to scale(including a distance legend)showing: the site property boundary,the stormwater discharge outfalls,.all on-site and adjacent surface waters and wetlands, industrial activity areas(including storage of materials, disposal areas,process areas, loading and unloading areas,and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage-area,buildings,existing BMPs,and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills.or leaks of pollutants that have occurred at the facility during the three(3)previous years and any corrective actions taken to mitigate spill impacts. Part II Page 1 of 10 Permit No.NCS000009 j. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stoimwater discharges. The certification.statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B,Paragraph 5."The permittee shall re-certify'annually that the stormwater outfalls have been.evaluated for the presence of non-stormwater discharges. 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 significantmaterials to stormwater,including structural and 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 Requirements and Records. Secondary containment is s required for: bulls storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA) water priority chemicals; and storage-in any amount of hazardous substances,in f' V order.to* leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. 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 closed with a locking mechanism),and any stormwater that accumulates in the containment area shall beat 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 listing of site structural and non-structural Best Management Practices (BMP)shall be provided. The.installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part II Page 2 of.10 Permit No.NCS000009 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 the team)responsible for implementing the SPRP shall be identified'in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan..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, an oil Spill Prevention Control and Countermeasure plan(SPCC)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 and good housekeeping program shall be developed. he program shall list all stormwater control systems, stormwater discharge outfalls,all on-site and adjacent surface waters and wetlands, industrial activity-areas(including material storage areas, material handling areas;.disposal areas;process areas,loading and unloading areas,and haul roads),.all drainage features and structures, and existing structural BMPs. The program shall establish schedules.of inspection'&,maintenance,and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas,and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas.and regular cleaning-schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections,maintenance,and housekeeping shall be recorded:in writing and maintained in the SPPP. 5. Employee Training, Training programs shall be developed and.training provided at a minimum on an.annual basis for facilitypergonnel with responsibilities for: spill response and cleanup,preventative maintenance activities, and.for any of.the facility's operations I that have the potential to contaminate stormwater runoff. Facility personnel (or team) j responsible for implementing the-training shall be identified, and their annual training shall be documented by the signature of each employee trained. 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 wlucli has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual. update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re-certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the Part II Page 3 of 10 ' t , Permit No.NCS000009 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. 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 pe'rmittee 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 5)to the Director that the changes have been made. 8. Facility Inspections.Inspections of the facility and all stormwater.systems.shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semiannual schedule,once during the first half of the year(January to June),and once during the second half(July to December),with at least 60 days separating inspection. dates(unless performed more frequently than semi-annually).• These facility inspections are different from,and in addition to,the.stormwater discharge characteristic monitoring required in Part II B-and C of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring,measurements,inspections,maintenance activities, and training provided to employees,,including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on-site fora period.of five years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 10 Permit No.NCS000009 ,I • SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will:result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall.(SDO). A representative storm event is 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; Table 1. Analytical Monitoring•Re uirements Aasclaakge` lVieasuxemcnt ii requency dam le 5, Saim � `. Characteristics Jnt�s 'P e2 aocat one Total Suspended Solids mg/L. semi-annual Grab SDO COD mg/L. semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall¢ inches semi-annual Rain Gauge - Footnotes: . l Measurement Frequency:' Twice per year during a representative storm event,for each year until either another permit is issued for this facility or until this-permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline,the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See.Table 2 for_schedule of monitoring periods through the end of this permitting cycle. 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. 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 must be recorded. An on-site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part 1I Page 5 of 10 Permit No.NCS000009 Table 2. Monitoring Schedule lyIox►rto':rin erioc�l'? ample Number316, trtEJ end s g 1'.. rS. Year 1 —Period 1 1 March 1,2009 August 31,2009 Year 1 -Period 2 2 September 1,2009 . February 28,.2010 Year 2—Period 1 3 March 1,.2010 August 31;2010 Year 2—Period 2 4 September 1,2010 February 28,2011 Year 3—Period 1 5 March 1,2011 August 31,2011 Year 3—Period 2 6 September.1,2011 February 29,2012 Year 4—Period.l 7 March 1,2012 August 31,2012 Year 4—Period 2 8 September 1,2012 February 28,2013 Year 5—Period 1 9 March 1,2013 August 31,2013 Year 5—Period 2 10 September 1,,2013.. February 28, 2014 Footnotes: . 1 Maintain semi-annual monitoring during permit renewal process. The applicant.must continue semi-annual monitoring until the renewed permit is.issued. 2 If no discharge occurs during the sampling period,.the permittee must submit a monitoring report indicating"No Flow"within 30 days of the end of the six-month sampling period. The permittee.shall report the analytical results from the first sample.with.valid results within the monitoring period:. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan(SPPP). Exceedences of benchmark values require the permittee to increase monitoring,increase management actions, increase record keeping,:. and/or install.stormwater Best.Management Practices(BMPs).in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitorin pYscarge Characterxstrs „Units Benchmark' Total Suspended Solids mg/L 100 COD mg/L 120 PH standard 6 -9 Part II Page 6 of 10 �l Permit No.NCS000009 T1V If: The first valid sampling results are above a benchmark value,,or outside of the benchmark range, for any parameter at aAy outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving. sampling results. " 2. Identify and evaluate possible causes of the benchmark value exceedence. 3.. Identify potential, and select the specific: source controls,operational controls;or physical improvements to reduce concentrations of the parameters of concern, of.to'bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record.each instance of a Tier One response in the Stormwater.Pollution Prevention Plan. . Include the date and value of the benchmark exceedence,the inspection date.,the personnel conducting the inspection,the selected actions,and the date the selected actions were. implemented: i I 1 1 fF I';II II s II 1 I r I 1 a .. .f If: During the term of this permit,the first valid sampling results are above.the benchmark values, or outside of the benchmark range,for any specific.parameter at.a specific discharge outfall'two times in a row consecutive); Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative)monitoring shall continue until three consecutive sample results are below the benchmark values,or within the benchmark range,for all parameters at that outfall. 3. If no discharge occurs during the sampling period,the permittee is required to submit a monthly monitoring report indicating"No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.- Part II Page 7 of 10 - --; Permit No.NCS000009 During the term of this permit,if.the valid.sampling results required for the permit monitoring periods exceed the benchmark value; or are outside the benchmark range;for any specific parameter.at any specific outfall on more than four occasions,the,permittee shall notify the DWQ Regional'Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may,but is not limited to: • require that the'pennittee increase or decrease the monitoring frequency for the remainder . of the permit; •. require the permittee to.install structural storniwater controls; • require the permittee to implement.other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. . Part II. Page 8 of 10 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 in Table 4,during the analytical monitoring event. [If analytical monitoring is not required,the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring.is for the purpose of evaluating the effectiveness.of the Stormwater Pollution Prevention Plan(SPPP)and assessing new sources of stormwater pollution. 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 talc in iesponse to the discovery. This documentation will be maintained with the SPPP: Table 4.. .,Qualitative.Monitoring Re uirements A�seh Tge Cl►ara�cter� tics 'req�M nc. 1, Io>t� tb'i'�t�g t } I 5 �, ..I ' k ucat on 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 Erosion or deposition at the. semi-annual... SDO outfall Other obvious indicators semi-annual SDO of storiwater pollution Footnotes: 1 Measurement Frequency:. Twice per year during a representative storm event,for each year until either another permit is issued for this facility or until this permit is revoked or rescinded: If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline,the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 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 Part II Page 9 of 10 Permit No.NCS000609 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 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas,and in accordance with the schedule presented in Table.2 (Section B). All analytical monitoring shall.be performed during a representative stormevent. Table 5. Analytical Monitoring Requirements for On-Site Vehicle Maintenance Ai<scharge Cha �Cter�s>�cs TJ �tsr 1les;>xrement ' ampl S mple f ! ! yL 11 ..,. ...: ;:4 L..... ..: Fre:.:uenc s e Location H standard, semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids m /l. semi-annual .Grab SDO Total Rainfall4 inches semi-annual . Rain gauge .New Motor Oil,Usa e gallons/month semi-annual Estimate Footnotes:. I Measurement Frequency:.Twice per year during a representative storm event,for each year until either another ' permit is issued for this facility or until this.permit is revoked or rescinded. If at the end of this permitting cycle the permitee.has submitted the appropriate paperwork for a renewal permit before the submittal deadline,the . permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring'until the renewedpermit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. ' 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 from;the pond. 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 For each sampled representative storm event the total precipitation must be recorded. An on-site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark . values in Table 6 are not permit limits but should be used as guidelines for the pe'rmittee's Stormwater Pollution Prevention Plan(SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management'actions,increase record keeping, and/or install stormwater:Best Management Practices(BMPs),as provided in Part Il Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring t~bxek><a7ra'ctr�stxes. " Jns Bein�laanarlc pH standard Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 10 of 10 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 already operating but applying for.permit coverage for the first time: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. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: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$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 au 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)] 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: NC 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 Part III Page 1 of 8 Permit No.NCS000009 $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 Liability Except as provided in Part 111,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, 143-215.613, 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 requiredto 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 notmore 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. ` Part III Page 2 of 8 Permit No.NCS000009 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 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. The 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) Inthe case of a corporation: by a principal executive officer of at least the level of vice- president,or his duly authorized representative,if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership:by a general partner; (3) In the case of a sole proprietorship:by the proprietor; (4) In the case of a municipal,state,or other public entity: by a principal executive officer, ranking elected official,or other duly authorized employee. 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 Part III Page 3 of 8 Permit No.NCS000009 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 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,.fevolcing 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 timds 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 againstt-a permittee for bypass unless: . a. Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;and Part III Page 4 of 8 1 Permit No.NCS000009 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,sliall 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 perinit.shall not be changed without notification to and approval of the Director. 2. RecordingResults esults i For each measurement,sample,inspection or maintenance activity performed or collected pursuant to the I 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; i 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 £ 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. 'Part III Page 5 of 8 Permit No.NCS000009 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. 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(DMR)forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period,the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period,giving all required information and indicating"NO FLOW"as per NCAC T15A.02B.0506. Part III Page 6 of 8 Permit No.NCS000009 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report(QMR)form provided by the Division,and shall retain the*completed forms on site. Qualitative monitoring results should not be submitted to the Division,except upon DWQ's specific requirement to do so. 2. Submitting_Reports Duplicate signed copies of all reports required herein,shall be submitted to the following address: Division of Water Quality Surface Water Protection Section . ATTENTION: Central Files 1617 Mail Service Center Raleigh;North Carolina 27699-1617 3. Availabilityof f 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 Qualit}. 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 I imposition of criminal penalties as provided for in NCGS 143-215.613 or.in Section 309 of the Federal Act. j jl 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. 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 Part III Page 7 of 8 Permit No.NCS000009- 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 repoi•t'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.. , M. 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 . 1 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 2H.0105(b)(4)may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS 1. Act See Clean WaierAct. 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 fleshings,water from footing drains,flows fi•om riparian habitats and wetlands. (c) Discharges resulting fiom 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 Pagel 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. Bulls 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 1,326 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. I.I. 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 r . 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. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain,snow,snowmelt,or runoff. Industrial materials or activities include,but are not limited to,material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No.NCS000009 industrial machinery,raw materials,intermediate products,by-products,final products,or waste products. DWQ may grant a No Exposure Exclusion.from NPDES Stormwater Permitting requirements only if a jfacility complies with the terms and conditions described in 40 CFR§122.26(g). 16. Overburden i 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: 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. 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. 19. 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. 20. 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. 21. 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. _ 22. 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. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 31.3 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 111,Section 313 reporting requirements;and C. That meets at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No.NCS000009 (1) Is listed inAppendix D of 40 CFR part 122 on 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. 24... Severe Propejjy 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.-.. 25. 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: 26. ..Significant Spills Includes,but is not limited to:releases of oil or hazardous substances in excess of reportable quantities undei"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). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt: 28. 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 fiom facilities or activities excluded from the NPDES.program. 29, 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. 30. Ten Year Desi ng 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.. Part VI Page 4 of 5 Pages . i Permit No.NCS000009 i 31. 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. . . 32. Total Maximum Daily Load(TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards,and an allocation of that amount to the pollutanVs sources. A TMDL is a detailed . water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act,Section 303,establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1)of the Clean.Water Act. 34.• 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. 35. Vehicle Maintenance Activity . Vehicle rehabilitation,mechanical repairs,painting,fueling,lubrication,vehicle cleaning operations,or airport deicing operations. 36. Visible Sedimentation Solid particulate matter,both mineral and organic,that has been or is being transported by water,air, gravity,or ice fi•om its site of origin which can be seen with the unaided eye. 37. 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 5 of 5 Pages Compliance Inspection Report Permit: NCS000009 Effective: 03/01/09 Expiration: 02/28/14 Owner: Sgl Carbon LLC SOC: Effective: Expiration: Facility: SGL Carbon Corporation County: Burke 307 Jamestown Rd Region: Asheville Morganton NC 28655 Contact Person: Rick Ives Title: Phone: 828-432-5811 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 01/31/2018 Entry Time: 10:OOAM Exit Time: 11:45AM Primary Inspector: Isaiah L Reed Phone: 828-2964614 Secondary Inspector(s): Michael M Smith Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge,Individual Facility Status: ❑ Compliant Not Compliant Question Areas: Storm water (See attachment summary) Page: 1 Permit: NCS000009 Owner-Facility:Sgl Carbon LLC ---Ins pection-Date:-01L3_'l/201-B Inspection Type_:Compliance Evaluation Reason-for-Visit:._ Routine Inspection Summary: On January 31,2018 this facility was inspected for compliance with the NPDES permit issued.All records were available for Analytical and Qualitative monitoring. No consistent benchmark excedences have been documented.A walkthrough of the facility was conducted,during which the following issues were noted: 1)Storage of used oil,deisel fuel,and other materials were found to be without secondary containment. 2)Many of the storm drains on site were found to be full of material from industrial activity(graphite/carbon). 3)The wastewater from the site co-mingles with the stormwater before reaching a feasible sampling point. 4)The"Coal Tar Pitch"area was found to not be completely contained. The address these issues: 1)Move all products subject to meet the secondary containment requirements outlined in your permit. 2)Clean out all storm drains on site which have accumulated product inside. 3) Persue alternative methods of routing stormwater to avoid co-mingling with waste water. 4) Install containment for the"Coal tar pitch"area sufficient to protect the area from any spills. Page: 2 i Permit: NCS000009 Owner-Facility:S91 Carbon LLC Inspection Date: 01/31/2018 Inspection Type:Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ #Does the Plan include a General Location(USGS)map? 0 ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? 0 ❑ ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? 0 ❑ ❑ ❑. #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ 0 ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ 0 ❑ #Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ #Does the Plan include a BMP summary? 0 ❑ ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? 0 ❑ ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ #Does the facility provide and document Employee Training? ❑ ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ❑ ❑ ❑ #Is the Plan reviewed and updated annually? 0 ❑ ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? 0 ❑ ❑ ❑ Comment: Storage of used oil, Deisel Fuel, and other chemicals was observed without secondary containment. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? N ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 0 ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 ❑ ❑ ❑ Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ #Were all outfalls observed during the inspection? 0 ❑ ❑ ❑ #If the facility has representative outfall status,is it properly documented by the Division? E ❑ ❑ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? 0 ❑ ❑ ❑ Comment: Page: 3 i I Rogers &Callcott COPY �aborotery R � g ENVIRONMENTAL Erigirieeririg May 16, 2014 Sent via FedEx Assessoien t N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit Remediation 1617 Mail Service Center, Raleigh, NC 27699-1617 Air Qpolity Subject: Renewal Application for NPDES Permit No. NC0005258 SGL Carbon, LLC—Morganton, North Carolina Compliance Rogers&Callcott Project Number:2014-014 Dear Manager: On behalf of our client, SGL Carbon, LLC, Rogers & Callcott Environmental respectfully submits the enclosed permit application requesting renewal of NPDES Permit No. NC0005258 for the facility located in Morganton, North Carolina. The permit expires February 28, 2015. We are submitting this renewal request and complete application in advance of the required 180 days prior to expiration of the existing permit. Included in this application package is the completed NPDES permit application form (SHORT FORM C — Minor Industrial) and location map with USGS 7 % minute quad sheet. This application addresses one outfall from the facility. Untreated contact and non-contact cooling water is discharged from Outfall 001. There is no wastewater treatment or sludge disposal at the facility. A sludge management plan is not required. We appreciate your consideration and timely renewal of this permit application. If you have any questions or need additional information, please contact me at 864/232-1556 or Billy Thompson, SGL Carbon, LLC at 828/432-5773. Sincerely, ROGERS&CALLCOTT ENVIRONMENTAL I`�` a<<�`. e I.Y Anna C. Franklin Division(if waferFioiourccs Enclosures: 1 original and 2 copies JUN 1 1 2014 cc: Billy Thompson, SGL Carbon, LLC tfvlterOY, Mv l"l9akarmlOrerations \\rc-vmsrv03\Projects\14\14-014(SGL)\DATA\SGL Carbon-NPDES Cvr Ltr.doc PO Box 5655 1 Greenville,SC 29606 1 426 Fairforest Way ': Greenville,SC 29607 1 main 864.232.1556 1 fax 864.233.9058 rogersandcallcott.com an employee-owned company NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO005258 Please print or type. 1. Contact Information: Owner Name SGL Carbon, LLC Facility Name SGL Carbon, LLC Mailing 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 Billy.ThompsonCmsglgroup.com 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Same as Owner Mailing Address City State / Zip Code Telephone Number Fax Number 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ Page 1 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 3624 (CARBON AND GRAPHITE PRODUCTS) 6. Number of employees: 158 (as of March 20141 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. There is no waste treatment at the facility. The discharge is untreated contact and non- contact cooling water. The facility uses large amounts of non-contact cooling water for transformer, air compressor and furnace head cooling. This water is discharged using the storm sewer network. There is also contact cooling water discharge from baking furnaces that utilize water seals to prevent combustion gas emissions. 8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: synthetic graphite products Principal raw material(s) consumed: coke, coal tar pitch, and petroleum pitch Briefly describe the manufacturing process(es): SGL Carbon produces graphite and carbon products for use in a variety of industries worldwide. The Morganton facility has four production areas that comprise the main manufacturing plant. These four areas are: receiving/extrusion, baking/pitch impregnation, graphitization, and services department areas, which includes maintenance, finishing, shipping, salvage, and specialty machining and specialty products. 1.1. MATERIAL HANDLING The facility receives petroleum coke, coal tar pitch and petroleum pitch via truck and railcar. The material is transferred to silos or tanks for storage through conveyor systems. In the specialty graphite manufacturing process, raw coke is transferred from the coke storage silos into crushing and milling operations, where the size of the coke particles is reduced. Vibrating screeners and product collectors are used to separate out the coke particles of desired size. The oversized coke is fed back into the milling process for additional sizing. After the material is sized, the coke and coal tar binders are weighed for specific end use applications. In the porous carbon process, raw coke is transferred from the coke storage silos via a control feed hopper into the porous carbon milling operations, where the size of the coke particles is reduced. Vibrating screeners and product collectors are used to separate out the coke particles of desired size. The fines and oversize coke are stored in collection bins. The coke is mixed with coal tar pitch and fed into a secondary milling operation, where the process is repeated. Page 2 C-MI 10108 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 1.2. MIXING AND EXTRUSION Coke is sent to the mixers where it is blended with extrusion oil, coal tar pitch, green scrap, and Stearic acid. The batch is blended in the steam or oil heated mixers until the desired mix temperature is reached. The extrusion oil and coal tar pitch are fed to the mixers from storage tanks. After mixing, the mix is discharged to rotating cooling cylinders which utilize cooling fans to cool the hot mix to a semi-plastic state. This allows the formed product to retain its shape. From the cooling process, the cooled mix is formed by extrusion presses into various sizes of green carbon stock. 1.3. BAKING/REBAKING The baking process consists of placing the green stock in containers, surrounded with packing media (sand) and heating to very high temperatures. After baking, the stock is sent to the pitch impregnation process and back to the furnaces for re- baking. The stock is sent to a shot blast machine by conveyors after unloading, in order to clean the outside surface of sand and carbon that is loosely attached to the material. Other operations in the baking department include media preparation, recycling of furnace packing media, and sagger handling operations. 1.4. PITCH IMPREGNATION The first bake process creates voids within the body of the baked material. In order to improve the physical properties of the stock, the voids are impregnated with petroleum or coal tar pitch. The stock is then loaded into a basket, lowered into an autoclave and impregnated with petroleum pitch. After the process is complete, these are quenched with water to lower their temperature below the pitch softening point prior to unloading out of the. basket. After pitch impregnation, re-baking is required depending on the grade of material. 1.5. GRAPHITIZATION After baking and/or re-baking, the stock undergoes a graphitization process where electrical resistivity is used to convert carbon to graphite using furnaces. When the stock has sufficiently cooled, it is unloaded for cleaning and other mechanical operations prior to shipment. 1.6. FINISHING/MACHINING The stock is ready for mechanical finishing at the salvage department, after the graphitized materials have cooled to ambient temperatures. The stock can proceed to the machining process or if they are selected as samples, they are inspected and cored. During inspection building, a core drill may take several samples from the ends of the piece. When the items are through machining, they are inspected for quality and ready for shipment to the customer. The finished product is then loaded onto trucks (or railcars) for shipment offsite. Page 3 _ � C-MI 10I08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed List specific amounts consumed and/or units of roduction over the last three years) Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed AVERAGE PEAK per Day 85,000 lbs per day (estimated) 92,000 lbs per day (estimated) per Month 2,550,000 lbs graphite/month 2,750,000 lbs graphite /month (2011) 2011 -2013 per Year 20,133,500 lbs graphite / year 23,400,000 lbs graphite / year (2011) 2011 - 2013 11. Frequency of discharge: Continuous ® Intermittent ❑ If intermittent: Days per week discharge occurs: Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average N/A, discharged to POTW Utility water, etc. - monthly average N/A, discharged to POTW Process water - monthly average N/A, discharged to POTW Stormwater-monthly average 157,100 gallons/month (2013) Other- monthly average Currently about 2.5 MGD including compressor Explain: Cooling water cooling water Monthly Average 2.6 MGD (estimated current discharge) total discharge (all types) 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Silver Creek, Latitude: 35° 43'41", Longitude: 81' 43'45" Page 4 C-MI 10108 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples,for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE:Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize the ast 3 uears of effluent data. Parameter Daily Monthly Units of Maximum Average Measurement Biochemical Oxygen Demand (BOD5) Not currently monitored. Chemical Oxygen Demand (COD) Not currently monitored. Total Organic Carbon Not currently monitored. Total Suspended Solids 20 5.5 mg/L Ammonia as N Not currently monitored. Temperature (Summer) 34.4 24.7 °C Temperature (Winter) 19.2 13.4 °C pH 7.9 6.4- 7.9 Fecal Coliform (If sanitary waste is Not currently monitored. present) Total Residual Chlorine (if chlorine is Not currently monitored. used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Permit Type Permit Number Type Number Hazardous Waste (RCRA) NCDO031633698 NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NC0005258 & Dredge or fill (Section 404 or NPDES NCS000009 CWA) PSD (CAA) Other (Title V) C 03287T32 Non-attainment program 17. List any chemicals that maybe discharged (Please list and explain source and potential amounts.) 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; however, there are no significant chemical additions to the discharge from this process. Also note that storm drains are located throughout the facility that also discharge to the same NPDES outfall. It is possible that some TSS, Oil &Grease, or copper residuals may Page 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. be discharged to the single NPDES outfall via storm water runoff. These discharges are addressed in the NPDES Storm Water Discharge Permit NCS000009. 18. Is this facility located on Indian country? (check one) Yes ❑ No 19. Applicant Certification 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. Iy141e 1.i-5 10 /A)V r 1"J 14-A1 4 C EA 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 $25,000, 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 $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 6 C-MI 10/08 F~� \. • .� 1020 f . ,w .err. ;,• ti� � •'_ ,� �. •lb n o alum 5' �' o p v � L_� � 18T ,, 0 1080 •i` 3 �� � 1 '� V r,,t o�r 9 054 .•ti rr �� ' 1 r/ ''' �u ' J ° EXISTING DISC ARGEi POINT • 0� ;} / r TUDE - 35' 40 41" 'J• �:�:• r , g° �; GI DE r Al' 43'�." \ olf Gau�.1 f �. , ----------------- f it • 1 i 102 1: ``20 ` • I vtt v --••f ............ 49 ew SGL CARBON, LLC Rogers & Callcott RIVER BASIN # 03-08-31 Engineers, Inc. RECEIVING STREAM—SILVER CREEK Greenville south Carolina STREAM CLASS WS—IV DRAWN BY RSG I DATE March 2014 CHECKED BY AF 1PROJECT NO. 2014-014 BURKE CO. NORTH CAROLINA APPROVED BY AF JDRAWNG NO. 1 i i . f Wiggs, Linda From: Berry, Ron Sent: Monday,April 20, 2015 4:48 PM To: Wiggs, Linda Subject: RE: SGL Carbon NC0005258 Linda, Did a five year evaluation(2010-2014+first two months in 2015) of the reported flow. Noted flow annual average was around 1 MGD in 2010-2012 but increased to 2 MGD annually in 2013, 2.4 MGD annually in 2014, and is continuing to sustain the 2014 average. Most likely due to production increases which is a good thing. Might want to ask permittee about increase in flow. Ron , From: Wiggs, Linda Sent: Monday, April 20, 2015 10:46 AM 'U To: Berry, Ron Subject: RE: SGL Carbon NC0005258 �f �- ,�._ J v These are very helpful question as I have never been to this facility before. Thanks, I will get back with you later. �'✓�J Q 6flw- Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office ,Division of Water Resources-Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Portal.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Berry, Ron Sent: Monday, April 20, 2015 8:37 AM To: Wiggs, Linda Subject: RE: SGL Carbon NC0005258 Linda, Just did a quick check of the renewal application and notes in our files on existing operation. It would really be helpful to get: 1) estimate on the contact cooling water portion of the discharge 2) confirmation no water treatment ion exchange,filters, demineralizer wastewater being discharges, if yes then provide estimate on flow occurrences in month, amount and duration 1 3) confirmation no boiler blowdown of steam condensate being discharged, if yes estimate on flow 4) location of effluent sample point, composite and grab, how composite sample taken 5) location of effluent flow meter and confirmation of how flow determined and reported 6)- There is-nortreatment-currently listed,-Ts the outfall-flow-strictly-collect-ed-wastewater-from various-plant sewers--- that gravity flows to a common sewer to the outfall? For example no retention pond? 7) Is outfall typically submerged or above the Creek surface? Thanks for the head up and assistance. Ron From: Wiggs, Linda Sent: Friday, April 17, 2015 12:21 PM To: Berry, Ron Subject: SGL Carbon NC0005258 Hi Ron, I am planning an inspection'at SGL next Wednesday Aril 22"d, is there anything you would like for me to address? Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources-Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://porta1.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. MAAJ co 0/1 2 Wiggs, Linda From: Berry, Ron Sent: Monday,April 20, 2015 8:37 AM To: Wiggs, Linda Subject: RE: SGL Carbon NC0005258 Linda, Just did a quick check of the renewal application and notes in our files on existing operation. It would really be helpful to get: 1) estimate on the contact cooling water portion of the discharge 2) confirmation no water treatment ion exchange,filters, demineralizer waste water being discharges, if yes then provide estimate on flow occurrences in month,amount and duration 3) confirmation no boiler blowdown of steam condensate being discharged, if yes estimate on flow 4) location of effluent sample point, composite and grab, how composite sample taken 5) location of effluent flow meter and confirmation of how flow determined and reported 6) There is no treatment currently listed, is the outfall flow strictly collected wastewater from various plant sewers that gravity flows to a common sewer to the outfall? For example no retention pond? 7) Is outfall typically submerged or above the Creek surface? Thanks for the head up and assistance. Ron From: Wiggs, Linda Sent: Friday, April 17, 2015 12:21 PM To: Berry, Ron Subject: SGL Carbon NC0005258 Hi Ron, I am planning an inspection at SGL next Wednesday Aril 22"d, is there anything you would like for me to address? ZIu& G% Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources-Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Porta1.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 1 1 s z El ❑ p °. H W x 'n n n n n n N '?+ n W -1 -i y n n n n W D D O O S C c S C p II. 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Do not use for Regulatory purposes, CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 5.1 °C 4/24/15 MSWIFT WET Grease and Oil in liquid 10 10 U,J6 mg/L EPA 1664 B 5/5/15 Sample Comments WET-G&0-J& estimated sample pH=7.5 upon arrival, adjusted to <2.0. WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the oualifier codes refer to<httD://portal.ncdenr.orL,/web/wa/ODs/metliods-and-pa ls> Page 1 of 1 k y P Ell Y _ 1: �� }�, g.2^- k�= � Y� 3f09, x y tom.: m T f� I- a a _Jp F � f �. 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L WIGGS ZtVislon Labworks LoginlD TASCENZO1 Region: ARID of Water Resources Final Report Date: 12/30/99 Sample Matrix: WASTEWATER Report Print Date: 10/09/2015 Loc.Type: EFFLUENT Preliminary Results Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SGL CARBON EFFLUENT Location ID: NC0006258 Collect Date: 09/17/2016 Collect Time: 09:30 Sample Depth If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2.1 °C 9/18/15 MSWIFT MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA 200.8 9/23/15 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 9/25/15 7440-36-0 Antimony by ICPMS 10 IOU ug/L EPA 200.8 9/23/15 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA 200.8 9/23/15 7440-38-3 Ba by ICP 10 12 ug/L EPA200.7 9/25/15 7440-41-7 Be by ICP 5.0 5.0 U ug/L EPA200.7 9/25/15 7440-70-2 Ca by ICP 0.10 6.2 mg/L EPA200.7 9/25/15 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA 200.8 9/23/15 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA 200.7 9/25/15 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA 200.8 9/23/16 7440-50-8 Cu by ICPMS 2.0 2.5 ug/L EPA 200.8 9/23/15 7439-89-6 Fe by ICP 50 64 ug/L EPA200.7 9/25/15 7440-66-6 Hg 245.1 PENDING 0. 3OU ug/L EPA245.1 12/30/9S 7440-09-7 K by ICP 0.10 1.2 mg/L EPA200.7 9/25/15 7439-93-2 Li ICP 25 25 U ug/L EPA200.7 9/25/15 7439-95-4 Mg by ICP 0.10 1.8 mg/L EPA200.7 9/25/15 7439-96-5 Mn by ICP 10 IOU ug/L EPA200.7 9/25/15 7439-98-7 Mo by ICPMS 10 IOU ug/L EPA 200.8 9/23/15 7440-23-5 Na by ICP 0.10 8.0 mg/L EPA200.7 9/25/15 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 9/23/15 7439-92-1 Pb by ICPMS ,.. 2.0 2.0 U ug/L EPA200.8 9/23/15 7782-49-2 Se by ICPMS - 1.0 1.0 U ug/L EPA 200.8 9/23/15 7440-31-5 Sn by ICPMS 10 IOU ug/L EPA 200.8 9/23/15 7440-24-6 Sr by ICPMS 10 28 ug/L EPA 200.8 9/23/15 7440-28-0 Thallium (TI) ICPMS 2.0 2.0 U ug/L EPA 200.8 9/23/15 7440-32-6 Ti (Titanium) by ICP 10 10 U ug/L EPA200.7 9/25/15 7440-62-2 V by ICP 10 IOU ug/L EPA200.7 9/25/15 7440-66-6 Zn by ICPMS 10 50 ug/L EPA 200.8 9/23/15 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed descrfatfon of the aualffier codes refer to<httD:HDol tal.ncdenr.oriz/web/wa/ODs/methods-and-Dals> Page 1 of 1 n z E '® fD 0'° s q ' n n n n n C. c n 0 -f -t a n n n n n a D D ?i n o. n m 0 0 0 0 7 C. c 7 o c p 0 0 0 o w p x ^- fD 3 O .m 3 7 0 0 0 0 o 0 3 • 'v, n n S c r ti N: 3 m a r ;, :. o ro n: a o. o. - a m v D 'o m m m o ^ 3 3 3 m o. n \ Z ti ,G G C O N O' m al n - j N ti 0 No -a n ° d d = - a, 0 0 m m d v n n -n a M d F in 7 m - 0 3 w c n d o to O a S. 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N N m 3 ❑ ❑ ❑ ❑❑ c z 3 t c 3 z c 3 t o F 00aa' 00nr r r �- r r r r r r r r r r r �= r r r r r y � .. 7 c v � O O O D 3 � N < _! _ ° = m waoaao ^ m ° w 7 o ci q 3 , 7 7 7 a n � a 7, in x c N O- r 7 'D M. o o a° '°n m o O 7 0 (R m '' n 0 o o c, m 1 v 3 p O°' S. 7 N H N w i? as O •Q O d m 0 m m m N CD < ❑❑ w S d N =r <' a co o 0 m co' r r r r r r F } NCDENR i North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 15, 2015 Charles Conner Sgl Carbon LLC 307 Jamestown Rd. Morganton,NC 28655 SUBJECT: Compliance Evaluation Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear Mr. Conner: -- On April 22, 2015, I conducted a Compliance Evaluation Inspection of the subject wastewater permit. Present during the inspection were Billy Thompson and Jeff Woodruff. Please refer to the enclosed inspection report for detailed observations and comments. If you or your staff have any questions, please call me at 828-296- 4500. Sincerely, C4 Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report cc: NPDES Unit-Ron Berry MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Burke\Wastewater\Industrial\SGL Carbon 05258\CEI.April2015.Ltr.doe Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:Hportal.nodenr.org/webtwq An Equal Opportunity\Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 I 3 1 N00005258 I11 12 15/04/22 17 18 ICI 19 1 G I 201 2111 I I I I 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I I I 1 I 1 1 1 1 11 1 � 1 1r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------Reserved------------- 67 I 70 L_j 71 [_j 72 L_ 73I 1 74 751 lI_LI lI�I I_ 80, 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) 01:OOPM 15/04l22 10/04/01 SGL Carbori Corporation 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 03:OOPM 15/04/22 15/02/28 Name(s)of Onsite Representative(s)/Titles(s)/P.hone and Fax Numbers) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted' Charles Conner,307 Jamestown Rd Morganton NC 28655//828-437-3221/, Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Laboratory 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 Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ �i i Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 04/22/2016 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ M ❑ El Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: There are no treatment units; process controls are not analyzed. The property has fair housekeeping_ See summary. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new 0 ❑ ❑ ❑ application? Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? No ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: SGL Carbon submitted their renewal application in the proper timeframe. The new permit has not been issued:the facility continues to operate under the old permit until the new one is issued. This is an industrial site.There is not a wastewater treatment plant present,so access is restricted in a sense that there is no trespassing allowed, but there is not a fence around the entire property preventing access. There is a description given in the application of the industrial"processes taking place onsite. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information read Ily.available, complete and current? ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? M ❑ ❑ ❑ Is the chain-of-custody complete? M ❑ ❑ ❑ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results.of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? M ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 ❑ Page# 4 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 0412 2/2 01 5 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ N ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ N ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ 0 ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑ Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? 0 ❑ ❑ ❑ #Is the facility using a contract lab? ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ .Celsius)? -Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ ❑ 0 ❑ Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? ❑ ❑ 0 ❑ :Comment: Blue Ridge Lab is the contract lab. Flow Measurement-Effluent Yes No;NA NE #Is flow meter used for reporting? ❑ 0 ❑ ❑ Is flow meter calibrated annually? ❑ ❑ ❑ Is the flow meter operational? ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ 0 ❑ Comment: Flow measurement requirements for this facility are daily instantaneous at the effluent.The flow measurements are being determined by a metered stick at the V notch weir. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected below all treatment units? ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Page# 6 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 04/22/2015 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type 0 ❑ ❑ ❑ representative)? Comment: Composite sampling is performed using an ISCO GLS Sampler. The sampler did not indicate an aliquot over 90 ml could be obtained. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and 0 ❑ ❑ ❑ sampling location)? Comment: Page# 6 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2,15 I 3 I NC0005258 I11 12 15/04/22 17 18 I c I 19 I s I 201 I 21 Ll I I I I I I I I 11 I I 1 I 1 I I I I I I I 1 I I I I I I I I I I 11 I I I I I. f 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA --------------------Reserved-------------- 671 70Iu ty I 71 I I 72 L r, � 73I I 174 75I III I I I I80 Section B:Facility Data LJ 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) 01:OOPM 15/04/22 10/04/01 SGL Carbon Corporation 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 03:OOPM 15/04/22 15/02/28 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 Contacted Rick Ives, //828-432-5811/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ®•.Permit.. Flow Measurement,..... ® Operations&Maintenance .® Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Laboratory 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 Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 i NPDES yr/mo/day Inspection Type (Cont.) - 31 --- NC0005258 I1 12 15/04/22 17- 18 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present during the inspection was Billy Thompson and Jeff Woodruff. There are no wastewater treatment units at this facility. The cooling water from this industry and the stormwater runoff from the property comingle and are discharged t Silver Creek. DWR inquired regarding the type and the quantity of the flows. The industry reported the estimated discharge flows as follows: • Non-contact cooling water to NPDES discharge -0.56 MGD • Contact cooling water to NPDES discharge —0.23 MGD • Sanitary to POTW —0.05 MGD • Boiler blow-down to POTW —100 gpd • Boiler water to atmosphere(steam) —0.05 MGD • Oily water to STAT, offsite disposal —310 gpd (average for 2014) Flows reported to DWR increased in 2013 to—2 MGD annually and—2.4 MGD annually in 2014. Mr. Thompson stated the cooling tower stopped operating properly(stopped recirculating)and that was the cause of the increased flows. During the inspection the installation of a new cooling system was noted. This cooling system is anticipated to be in operation in June 2015 and flows should decrease. Also discussed with regard to this new cooling system was the use of descaling agents. If any chemical treatment is to take place a Biocide Worksheet has to be completed and submitted to DWR.Any chemicals used have to be approved by DWR prior to use. Flow measurement requirements for this facility are daily instantaneous at the effluent. At the time of the inspection there was something lodged against the V notch weir; it was difficult to see what it was but SGL staff believed to be a"plate"that at one time was installed in the weir box. The flow measurements are being determined by a metered stick at the V notch weir. How the metered stick was calibrated to assure accurate flow measurements was questioned. It was unclear if this was an accurate means for instantaneous flow measurements and Mr. Thompson was required to further inquire. His response was as follows: -Steel plate removed that was interfering with the flow. Level dropped 4 to 5 inches and stabilized. -Weir is a 60 degree sharp-edged,V-notch weir. 'I -Flow is measured at least 4 X weir height back from crest of v-notch eliminating fall-off effect at weir. -Measurement staff will be recalibrated to ensure measurements are accurate. Zero will be marked at distance from grate cover to bottom of V-notch. Measurements will be taken 4 X weir height back from notch and using grated cover to stabilize staff. Composite sampling is performed using an ISCO GLS Sampler. The sampler did not indicate an aliquot over 90 ml could be obtained. There was a chlorine odor noted at the sampling location,which is at the weir box. SGL uses City water. The inspector discussed with Mr. Woodruff the timing of sampling and flow measurements. Mr. Woodruff stated he checks the flows daily around the same time each morning regardless of weather. He also stated the composite sampler is set up regardless of weather and he does not sample according to any set day or time except to make sure there are sufficient days in between sampling events. There is a moderate amount of black dust throughout the property. Given the nature of the business there will always be some dust to contend with.The stormwater inlets/basins appeared to need cleaning;there were notable levels the black dust/particles present. The effluent lines from most of the stormwater inlet/basins observed were down turned and below the surface. This should be a beneficial Page# 2 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 04/22/2015 Inspection Type: Compliance Evaluation design for floating contaminants. However, keeping the inlet/basins cleaned out is essential. It is suggested a cleaning method and schedule be established. A grab sample of Oil and Grease was obtained. The result is as follows: DWR Temperature reading was 15.1 C and SGL Temperature reading was 14.6 C. DWR pH was 7.2 su. Oil and Grease sample result-<10 mg/I. Page# 3 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date:.04/22/2015 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ 0 ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: There are no treatment units; process controls are not analyzed. The property has fair housekeeping. See summary. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new 0 ❑ ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑. ❑ #Are there any special conditions for the permit? 0 ❑ ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: SGL Carbon submitted their renewal application in the proper timeframe. The new permit has not been issued; the facility continues to operate under the old permit until the new one is issued. _ This is an industrial site.There is not a wastewater treatment plant present, so access is restricted in a sense that there is no trespassing allowed, but there is not a fence around the entire property preventing access. There is a description given in the application of the industrial processes taking place onsite. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 ❑ ❑ ❑ Is all required information readily available, complete and current? 0 ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg.required 5 years)? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ Is the chain-of-custody complete? ❑ ❑ ❑ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 ❑ Page# 4 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 04/22/2015 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? N ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ 0 ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ 0 ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑ Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? 0 ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? 0 ❑ ❑ ❑ #Is the facility using a contract lab? 0 ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ ❑ ❑ Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? ❑ ❑ 0 ❑ Comment: Blue Ridge Lab is the contract lab. Flow Measurement--.,Effluent Yes No NA NE #Is flow meter used for reporting? ❑ M ❑ ❑ Is flow meter calibrated annually? ❑ ❑ N ❑ Is the flow meter operational? ❑ ❑ 0 ❑ (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ 0 ❑ Comment: Flow measurement requirements for this facility are daily instantaneous at the effluent. The flow measurements are being determined by a metered stick at the V notch weir. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 ❑ ❑ ❑ Is sample collected below all treatment units? 0 ❑ ❑ ❑ Is proper volume collected? ❑ 0 ❑ ❑ Is the tubing clean? 0 ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ M Celsius)? Page# 5 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 04/22/2015 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type N ❑ ❑ ❑ representative)? Comment: Composite sampling is performed using an ISCO GLS Sampler. The sampler did not indicate an.aliquot over 90 ml could be obtained. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? M ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and 0 ❑ ❑ ❑ sampling location)? Comment: Page# 6 North Carolina Department of Environmental Quality,.; i Pat McCrory qo 'I&�an=der]Naart Governor Secretary October 12, 2015 Charles Conner SGL Carbon 307 Jamestown Rd. Morganton,NC 28655 SUBJECT: Bioassay Compliance Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear Mr. Conner: On September 15 & 17,2015,I conducted a Bioassay Compliance Inspection for use in a chronic pass/fail toxicity test. Jeff Woodruff assisted me. The test using these samples resulted in a pass. Please refer to the enclosed inspection report for additional observations and comments. 'If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report i cc: Jeff Woodruff(e-copy)` MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Burke\Wastewater\Industrial\SGL Carbon 05258\BCI.Sept20151tr.docx Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.ncdenr.orgtwebiwq An Equal Opportunity 1 Affirmative Action Employer United States Environmental Protection Agency Form Approved. Washington,D.C.20460 EPA OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31798 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type IIN 1 2 15 I 3 I NC0005258 11 1 121 15/09/15 17 181 B i 19 1 S i 20 211 11 I I 1 I I I 1 I I ( 1 I 1. 1 1 1 I 1 I I I I I I I I I I I I I I 11 1 11 1 1166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---- --Reserved-----=--- I 67 701 L_l I 71 U 72 L N i 731 I �74 711 1 1 1 1 1 1 I80 Section B:Facility Data l_1 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) 10:OOAM 15/09/16 10/04/01 SGL Carbon Corporation 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 10:30AM . 15/09/15 15/02/28 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 Charles Conner,367 Jamestown Rd Morganton NC 28655//828-437-3221/ Contacted Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Self-Monitoring Program- 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/Phohe and Fax Numbers Date Linda S Wiggs � ARO WQ//828-2964500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31 NC0005258 I11 12_15/09/151 17 18 I Q I— -.-_ -- Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present for the inspection/sampling event was Jeff Woodruff. The Divisions toxicity test resulted in a pass;the facility test, sent to Meritech, Inc., also resulted in a pass. Other effluent parameters results are as follows: TSS-<6,2 mg/I Ag-<1.0 ug/I Cu—2.5 ug/I Pb-<2.0 ug/I Se-<1.0 ug/I Page# 2 Permit: NC0005268 Owner-Facility: SGL Carbon Corporation Inspection Date: 09/15/2015 Inspection Type: Bioassay Compliance Effluent Samplingg Yes No NA NE Is composite sampling flow proportional? ❑ N ❑ ❑ Is sample collected below all treatment units? ❑ ❑ 0 ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? 0 ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees 0 ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the.permit(frequency,sampling type M ❑ ❑ ❑ representative)? Comment: There are no treatment units associated with this facility: it is a cooling system discharge. The facility uses an old model sampler which has a maximum aliquot of 100 ml. They perform instantaneous flow measurements as currently required by the permit. I 1 1 Jl _ 3 7 a i 3 y Page# 3 Division of Water Resources October 8,2015 �f.� ,NDT3'M To: Landon Davidson Water Quality Program Supervisor,ARO Through: Cindy A.Moore Supervisor,Aquatic Toxicology Branch From: Carol Hollenkamp Quality Assurance Officer,Aquatic Toxicology Branch Subject: Whole effluent toxicity test results SGL Carbon NPDES Permit#NC0005258/001 Burke County The aquatic toxicity test using composite samples of effluent discharged from SGL Carbon has been completed. SGL Carbon has an effluent discharge of 1.5 million gallons per day (MGD) entering Silver Creek(7Q10 of 20.9 CFS). Whole effluent samples were collected on September 151 and September 17th by facility representative Jeff Woodruff and Linda Wiggs for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a pass. Toxicity test information follows. Test Type 3-Brood Ceriodaphnia dubia chronic pass fail Test Concentrations 13% Test Result Pass Control Survival 83% Control Mean Reproduction 18.0 neonates Test Treatment Survival 83% Treatment Mean Reproduction 15.1 neonates First Sample pH 7.38 SU First Sample Conductivity 88.6 micromhos/cm First Sample Total Residual Chlorine 0.56 mg/L Second Sample pH 7.35 SU Second Sample Conductivity 88.1 micromhos/em Second Sample Total Residual Chlorine 0.21 mg/L Test results for the above samples indicate that the effluent would not be predicted to have water quality impacts on receiving water. These samples were split and sent to Meritech,Inc. The chronic Ceriodaphnia dubia pass/fail toxicity test run by Meritech,Inc.also resulted in.a pass. Please contact us if you have any questions or if further effluent toxicity monitoring is desired. We may be reached at(91.9)743-8401. Basin: CTB31 cc: Central Files Linda Wiggs,ARO Aquatic Toxicology Branch Water Sciences Section in NR- Div.Of Water Quality RzOon JXICITIY SAMPLE COLLECTION FORM page 1 of rAI'Q F'RO MRO RR® WaRO. WiRO WSRO Facility/Water Body1 c � NPDES# NC 101 0101 5 Outfall# t County - - Basin/Sub-basin �C Receiving Stream v Collectors)(print) 1 r/ �/�1 S �� 11/ ed rv-�P Grab Sample ❑ Composite Sample Composite Type: J Constant Time/Constant Volume: _samples/hour for "7- hours ❑ Flow Proportional Sampling Equipment Used: ❑DWQ Portable Sampler or"g Facility's Sampler Date Began Time Began Date End jime End FT/ a / l - Sampling Site Description 7Container.:,.,K4L`(1 gal)PE cubitainer ❑0ther(describe) #of containerate : ''Yes ❑No Collected on Ice or in Refrigerated Sampler:❑Yes No Shipped on Ice:%Yes ❑No s Method of Shipment: Courier Bus❑ : Staff❑ Other(exp ): { Date/time of transfer to shipper or courier box: Comments: r "S lit"sam .le,splitting lab name: rl — ` Did DWQ staff perform.the! lit? P4 If NO,then did DWQ staffwitness the split? C ; 7 M- 0-2 Collector(s) � 99 q Signature: Wr '2 Date: 1 / l 7 / l C Additional sample handler records: ' Relinquished by: Received by: Date: Time: ,b Relinquished b Received by: Date: Time: l Relinquished by: Received by: Date: Time: Relin uished b Received by. Date: Time: DWQ/Environmental Sciences Section Aquatic Toxicology Unit Use street address only ifshipping FedEx or UPS 1621 Mail Service Center Street address:4401 Reedy Creek Road Raleigh,NC 27699-1621 Raleigh,NC 27607 ESS Courier#:520101 phone: (919)743-8401 l 1 a .:.NR- Div.Of dater Quality Begion jMCITY SAMPLE COLLECTION FORM[page 1 of AR® FRO MRO RRO WaRO WiRO WSRO Facility/Water Body a,�Oo NPDES# NC 0 0 c) Outfall# V County C�(C U.�1��- Basin/Sub-basin 1 Receiving Stream ,v Collector(s)(print) L iNd 1` 5 ��� { Grab Sample ❑ Composite Sample Composite Type; - /l /1 ®Constant Time/Constant Volume: ? samples/hour for c % hours ❑ Flow Proportional Sampling Equipment Used: ❑DWQ Portable Sampler org Facility's Sampler - Date Began Time Began Date End Time End Sampling Site .. C� i n/ ( cQ►S Description V V1 l c {. cs►� Container: 104L(1 gal)PE cubitainer '❑0ther(describe) #of containers >Chlorinated:RI Yes ❑No Collected on Ice or in Refrigerated sampler:❑Yes No Shipped on Ice: Yes ❑No Method of Shipment: Courier Buis:[]' Staff❑ Other(explain): Date/time of transfer to shipper or courier box: Comments: "S lit"sam le,slitting lab name: Did DXQ staff perform the s lit? If NO,then did DW staff witness the split? _ 1 � Collector(s) Signature: �� "�1��' Additional sample handler records: Relinquished by Received by: Date: Time: Relinquished by: Received b : Date: Tiine: Relinquished by: Received b : Date: Time: Relinquished by: Received b Date: Time: DWQ/Environmental Sciences Section Aquatic Toxicology Unit Use street address only if shipping FedEx or UPS 1621 Mail Service Center Street address:4401 Reedy Creek Road Raleigh,NC 27699-1621 Raleigh,NC 27607 (919)743-8401 ESS Courier#:520101 phone: 1 NC DENR- ]Div.Of Water Quality !TOXICITY SAMPLE COLLECTION FORM—page 2of 2 ATU Temperature Red Sample No. - recei t,°C on Ice l RECEIVED CONDUCTIVITY, - TRC, date mhos/cm - µmhos/cm m9fL time date date L by time time k, from by by Lab Comments: 3 .dditional Notes(include date,time',signature,with notes): c- E L 3 amuling instructions - 1 SPLIT TESTS: Make sure the collector fills out,prints,'and signs both the ATU sample collection`mi and the facility/contract laboratory Chain of Custody(COC)form. If one person collects the sample,and another individual splits the sample,both should sign the COC and the ATU sample collection form. All information on both COC and the ATU sample collection form should agree (i.e.,the date/time/signature for the collector,relinquished by/date/time,site description;pipe#,etc •ATU-uses onl`"true"'_splits for, = certified laboratory evaluations. A split sample is a single,well mixed,equally divided,composite or grab.sample,sent to different: laboratories to conduct whole effluent toxicity tests. A vvell mixed sample before each'/4-pour is critical,to keep any effluefit'' ( from settling to the,bottom. DWQ staff should be there to observe and instruct the facility staff in the.collection/split process to insure the sample is handled correctly. Ideallythe DWQspff should perform tkspht. If.extenuating circumstances(i.e.late sample collection times,etc.)would make this impractical,it should be noted on the sample collection form that DWQ staff was not present ` at the time of the sample split. If the facility personnel collects and splits the sample;they need to sign the ATU sample collection form as the collector,and also that they relinquished the sample to DWQ staff. DWQ staff will then need to sign and put the time that they received the sample. Also, any additional information noted about the sample would.be helpful to record.on the ATU sample collection form and the facility's COC(things such as color,smell,floating solids,suspended solids,etc.) The person collecting the sample must sign the form for"Collector(signature)"at the bottom of page 1. Any subsequent transfer of the sample must be recorded in the"Additional Sampler Handler records". In the"Collectors(print}"section at the top of page 1, print the name of all collectors involved in the process. If the collector or additional sampler handler is a facility representative, indicate this on the form. With the adoption of the new chronic toxicity sampling schedule on January,1".2011,samples may be collected earlier than 1000 hours. We do request notification,however,if a sample is to..be collected earlier than 0600 hours. The maximum<holding time for chronic toxicity"samples is 36 hours for first use and 71 hours from first use for test renewals. The um h ldin .times 36 hours for acute toxicity samples. The holding time for composite samples begins at the time of compl tan©fLemp`6s#$ Rinse sample container with sample before filling. Completely fill the sample with no air space. Constant Time/Constant Volume composite samples should be at least 100 mLs volume per sample and collected at least every 20 minutes unless the detention time of the facility is>24 hours. More information on types of composites can be found in"NPDES Permit Standard Conditions" Sample collection material may be tempered glass,polyethylene, perfluorocarbon plastics including Teflon®, 304 or 316 stainless steel,polypropylene;polyvinylchloride,Tygon-D or silicone. All non-perfluorocarbon plastics should be discarded after use. DWQ staff should not reuse non-perfluorocarbon plastics(polypropylene,LDPE,HDPE,polyvinylchloride,etc.)at different facilities for collecting effluent samples Tempered glass and perfluorocarbon(Teflon)plastics may be reused after bioassay cleaning. All samplesshould be ic,d during collection and transport to ensure a sample holding temperature of<_6°C. The sample must be received, t„�6°C.or the sample will be invalid. Be sure to completely fill the coolers with ice and use large coolers whenever possible. This'is particularly crucial for shipping samples during warm weather months. Also,please notify ATU staff if samples are being mailed in multiple coolers. FAT Mc d?ireegx Certified Mail # 7012 1010 0002 1965 5013 Return Receipt Requested i April 18, 2016 Charles Conner SGL Carbon LLC 307 Jamestown Rd Morganton, NC 28655 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016.MV-0051 Permit No. NC0005258 SGL Carbon Corporation WWTP Burke County Dear Permittee: A review of the September 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): 3 Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 9/5/2015 5 X week Frequency Violation plant(50050) 001 Effluent Temperature, Water Deg. 9/5/2015 5 X week Frequency Violation Centigrade (00010) If the above parameters were left off inadvertently, please send amended DMRS within 10 business days of receiRtt 1 of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. . Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for-this and any additional violations. State of North Carolina I Environmental ual�Q ty I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 - 828-296-4500 '- *r a �. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional _Office at 828=296--4 �500 - _ —_ - ----- - Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional,Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File _I a G:\WR\WQ\Burke\Wastewater\Industrlal\SGL Carbon 05253\NOV-2016•MV-0051.rtf '7 y 'I _74 .rssu�,..r.® RUN North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary June 5,2014 Attn: Charles K. Conner,Plant Manager SGL Carbon,LLC 307 Jamestown Road Morganton,NC 28655 Subject: Acknowledgement of Permit Renewal Permit NC0005258 Burke.County Dear Mr. Conner: The NPDES Unit received your permit modification application on May 20, 2014. A member of the NPDES Unit will review your application. They 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. If you have any additional questions concerning renewal of the subject permit, please contact Sergei Chernikov(919)807-6393. Sincerely, l/Iew Wren Thedford Wastewater Branch cc: Central Files ARO NPDES Unit plwiSt0f}GS trVttlr:t HP?3UUf'Cis$ 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N,Salisbury St.Raleigh,North Carolina 27604 JUN 1 1 201 ' Phone:919-807-63001 Fax:919-807-6492/Customer Service:1-877-623-6748 Internet::www rlmater.org t�e±t°P�fit9rt8 An Equal OpportunitykAffirmative Action Employer ON - _ t�C' 1 I�TC`Ft'�4;EI�.''� t ,r i 1 C 1 Certified Mail # 70161370 000165717181 Return Receipt Requested July 25, 2017 Mark Lundblad SGL Carbon LLC 307 Jamestown Rd Morganton, NC 28655 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-MV-0044 Permit No. NC0005258 SGL Carbon Corporation Burke County Dear Permittee: A review of the June 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Monitoring Deficiency(s): Sample Monitoring Location Parameter Date Frequency Type of Deficiency 001 Effluent pH (00400) Week ending 6/3/2017 Weekly Frequency Violation ,Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. Please discontinue the use of"Holiday" in the Drop-down Box for"No Reporting Reason"on each weekend. "Holiday"should only be used when monitoring is not required due to an official holiday. "Official Holidays"for each year can be found on the DWR website at: https://oshr.nc.gov/state-employee-resources/benefits/leave/holiday For guidance, you can also refer to the EDMREDMR Helpful Hints pamphlet (revised 12/9/16) under Topics 18 & 19. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 CQ. J j If you should need any assistance or would like to discuss this non-compliance situation, please contact Janet f Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File �1 NPDES Compliance/Enforcement Unit - Enforcement File 1 i a I 9 a M, 3 93 d it d V s G:AWR\WQABurkeAWastewaterAlndustrial\SGL Carbon 05258\NOD-2017-MV-0044.rtf 4 s Wiggs, Linda From: Wiggs, Linda Sent: Thursday, March 29, 2018 10:32 AM To: 'Gjetley, Lee' Cc: Smith,Jimmy Subject: RE: [External] RE: SGL Morganton Attachments: final permit - Copy.pdf, NPDES Standard Conditions.pdf Ok, thank you. I have attached a cc of the Permit and Standard Conditions. As I mentioned previously make sure you continue to monitor for all parameters according to A(1) including Total Residual Chlorine (TRC) ,and report those results on your Discharge Monitoring Reports (DMR). As a heads up; you will violate the TRC Daily Max until that system is operating properly and receive a Notice of Violation (NOV) for the exceedances. We need to talk about some other permit conditions, it will be easier to talk about rather than try to explain them in an email, are you guys available for a call today? zw,a G,t Environmental Senior Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(q),ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 j -5"""Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Gjetley, Lee [mailto:Lee.Gjetley@sglgroup.com] Sent:Thursday, March 29,2018 8:45 AM To:Wiggs, Linda <linda.wiggs@ncdenr.gov> Cc:Smith,Jimmy<Jimmy.Smith@sglgroup.com> Subject: RE: [External] RE:SGL Morganton Linda, 1 I want to give you an update on our treatment system. We got a new pump but shortly after we started it a seal blew. A representative from the pump manufacturer came to the site and informed us the that design of the system was flawed and the pump needed to be re-installed closer to the sump house,to help with ift(t e sump is downhill of. - the treatment building). The pump has been relocated but we are waiting for a new seal. After the pump is repaired, the water treatment chemical company needs to come back and set up the chemical dispensing system. Monday is a holiday for the site so we are expecting to have the system up and running by the middle of next week. I have included Jim Smith as a cc to this email. Jim is the new EHS Manager at the site. Let us know if you have any questions or would like to discuss. Lee D.Gjetley NA E,H&S Manager office: 704.593.5156 mobile: 704.941.9388 SGL Carbon,LLC fax: 704.509.2674 10715 David Taylor Dr, fee.gietley@sglgroup.com Suite 460 Charlotte,NC 28262 tf Wk�OMPANY :Mad SASQ.BeS$ lolutil ns: From:Wiggs, Linda [mailto:linda.wiggs@ncdenr.gov] Sent:Wednesday, March 21, 2018 4:30 PM To:Gjetley, Lee<Lee.Gletley@sglgroup.com> Subject: RE: [External] RE:SGL Morganton Thanks Lee. I will await your email when the system is operational. zn&G,0�0- Environmental Senior Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ—Division of Water Resources 2 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(7a ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 -Nothing Compares---,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Gjetley, Lee [mailto:Lee.Gietlev@sgi�roup.com] Sent: Wednesday, March 21, 2018 4:25 PM To:Wiggs, Linda<linda.wiggs@ncdenr.gov> Subject: [External] RE: SGL Morganton Linda, After the system was installed, our Maintenance department started the water pump for the first time and it did not operate so anew pump needed to be ordered. It was received and installed Monday and when they started it up they could not get a suction and determined that the foot valve failed. They ordered a new valve Tuesday and it was to be delivered today but I don't know the status. We are hoping to get the new valve in and the system running tomorrow. After we confirm that the water is being pumped,the manufacturer needs to come and set up the chemical dispensing system. This could not be done until the water pump issues were resolved. I told Jeff to take the sample and analyze for chlorine before the end of this week, even if the system is not yet operational. We will inform you when it is operating. With Billy retiring(as of 3/28),we had two open EHS position. On Monday of this week,Jim Smith joined the company as our new site EHS Manager. Jim has considerable experience managing environmental and safety functions in the chemical manufacturing industry. We are in the process of filling Billy's position (Environmental Manager, reporting to Jim). We have two very qualified candidates who we have had phone interview with and are scheduled to come to the site for personal interviews,the first week in April. If all goes well,the environmental position should be filled by the first/middle of May. Please let me know if you have any questions or would like to discuss. Lee From:Wiggs, Linda [mailto:linda.wiggs@ncdenr.gov] Sent:Tuesday, March 20, 2018 9:38 AM To:Gjetley, Lee<Lee.Gietley@sglgroup.com> Subject: RE:SGL Morganton Lee, 3 I just received confirmation from Raleigh, you are not required to have a ORC. Environmental Senior Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiggs @ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 `Nothing Compares,,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, From:Wiggs, Linda Sent: Monday, March 19, 2018 5:21 PM To: 'Gjetley, Lee' <Lee.GletleV@sglgroup.com> Subject: SGL Morganton Hi Lee, In follow up to our phone conversation today. I am still confirming the ORC -requirement. This facility is listed in our data base that an ORC is ""not required". You mentioned something about the Permit stating you needed an ORC. Let me what you were referring too, so I can clarify. The Morganton SGL facility is considered a Class I Physical/Chemical (PC) Facility. If an ORC were required they would need to be Certified as a PC-I. The classes and tests for wastewater certifications take place in Morganton if indeed you do need to get someone certified. I wonder if you are referring to Part II Section C 1. Regarding the 120 day for ORC? You also mentioned that Billy is no longer with SGL and you are in the process of hiring new staff. I believe you said his employment ended last month? You stated a de-chlorination system was installed but there was a problem with a component and it is not operable. Please elaborate on the system, the mechanical issue and the timeline. It sounded like you may not be able to meet the Total Residual Chlorine (TRC) limits in the permit until the system is fixed? Make sure Jeff continues to run the required TRC analysis and report the results even if the system is down. Although you may be noncompliant with the TRC limit, you can still 4 meet the frequency requirement of weekly grab at the effluent. Hence, you may have a couple of limit violations during the systems down time, but can avoid also having monitoring/frequency violations as well. You did the right thing by contacting us for proper non-compliant notification per Part II Section E. Please respond to this email with more information on the situation. Just got your email and Wednesday will be fine. Feel free to call me with any questions. Thank you, Mlw'o Environmental Senior Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(a),ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 +:'• Nothing Compares... ,,, ., Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 5 Wiggs, Linda From: Wiggs; Linda Sent: Tuesday, March 20, 2018 9:38 AM To: 'Gjetley, Lee' Subject: RE: SGL Morganton Lee, I just received confirmation from Raleigh, you are not required to have a ORC. Zn& Environmental Senior Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: Iinda.wiggs@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 < "Nothing Compares, ,,-,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Wiggs, Linda Sent: Monday, March 19,2018 5:21 PM To: 'Gjetley, Lee' <Lee.Gjetley@sglgroup.com> Subject: SGL Morganton Hi Lee, In follow up to our phone conversation today.' I am still confirming the ORC requirement. This facility is listed in our data base that an ORC is "not required". You mentioned something about the Permit stating you needed an ORC. Let me what you were referring too, so I can clarify. The Morganton SGL facility is considered a Class I Physical/Chemical (PC) Facility. If an ORC were required they would need to be Certified as a PC-I. The classes and tests for wastewater certifications take place in Morganton if indeed you do need to get someone certified. I wonder if you are referring to Part II Section C 1. Regarding the 120 day for ORC? i i You also mentioned that Billy is no longer with SGL and you are in the process of hiring new staff. I believe you said his employment ended last month? You stated a de-chlorination system was installed but there was a problem with a component and it is not operable. Please elaborate on the system, the mechanical issue and the timeline. It sounded like you may not be able to meet the Total Residual Chlorine (TRC) limits in the permit until the system is fixed? Make sure Jeff continues to run the required TRC analysis and report the results even if the system is down. Although you may be noncompliant with the TRC limit, you can still meet the frequency requirement of weekly grab at the effluent. Hence, you may have a couple of limit violations during the systems down time, but can avoid also having monitoring/frequency violations as well. You did the right thing by contacting us for proper non-compliant notification per Part II Section E. Please respond to this email with more information on the situation. Just got your email and Wednesday will be fine. Feel free to call me with any questions. Thank you, Environmental Senior Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wig 1s anncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 "'","Nothing Compares.... - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Ado NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 11, 2010 ���� r � C MAR 1 J 2010 � t Mr. Charlie Conner,Plant Manager SGL Carbon LLC wA TER OUALITY SEC i ic)N ASHEVILI F RE-GIJNAL 0�., .__..ICE 307 Jamestown Road w_._.... . _ Morganton, North Carolina 28655 - Subject: Issuance of NPDES Permit NC0005258 SGL Carbon LLC Burke County Dear Mr. Conner: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attac$ed NPDES discharge 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 October 15,2007 (or as subsequently amended). This final permit includes no major changes from the draft sent to you on December 16,2009. 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 demand is made, this decision shall be final and binding. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 NorthCarollna Internet:www.ncwaterquality.org N��`/� An Equal opportunity 1 Affirmative Action Employer NatuL r_ Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land.Resources, the 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 Sergei Chernikov at telephone number (919) 807-639.3. (Sincerely, Coleen H. Sullins a i cc:NPDES Files Central Files Asheville Regional Office-Surface Water Protection Aquatic Toxicology Unit(e-copy) 'I ) 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 NorthCarohna Internet:www.ncwaterquality.org y��l//� An Equal Opportunity 1 Affirmative Action Employer Aatu` Permit,No NC0005258 � l� C�,,a�; 1 � STATE OF NORTH CAROLINA 2010 DEPARTMENT OF ENVIRONMENT AND NATU L E§OURCtS a 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 Basip 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 April 1, 2010. This permit and the authorization to discharge shall expire at midnight on February 28, 2015 Signed this day March 11, 2010. ' oleen H. Sullins Division of Water Quality By Authority of the Environmental Management Commission 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. f 42'3p 126 100 � UAkER ME A •D 0- W. �• \ reed ._ � ��v � � . . 955 I�'� �' �• L'olv'1 / /OQQ_-- � • `1/.s�, ,��;. � ' •• ,ter• / �'�� '"�1� '•••fi•�• ,'•� •i=�a'•e•�•a {//I'• 1 \ •.. • 1 ••• ••••1i • �• ' \� �o '`•° 'i. :i . II••• � Calvin - • ��-�<3. _ ,• ` V / SOUTHERN ' . ' � - Existing M • •.1 +; ^ ;: Discharge Point ) 03 ----------------- # rY ' - ' iJr• � '•j'—�1l II Q• I / of a° c •'�i�� � D •� J ij• •'t � �� /•L!f '•aka � � � r^ I � c"',i '� �'-'•\ tom.-�/ n,V I1�� •.J \�'•.v�� I� ' /�' •'� if � ! �....••� • /2.!! '••. Latitude: 3243,411, SGL Carbon Corporation Longitude: ° f R Burke County USGS Quad#: E12NW `�.�, • NC0005258 River Basin#: 03-08-31 Receiving Stream: Silver Creek Stream Class: WS-1v 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: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Average Maximum - Frequency Type Location' Flow(MGD) Daily Instantaneous Effluent Temperature2 Daily Grab Effluent, U&D Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Composite Effluent Oil and Grease 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent Total Copper Monthly Composite Effluent Total Lead Annual Composite Effluent Total Selenium Annual Composite Effluent Total Silver Annual Composite Effluent Total Zinc Annual Composite Effluent pH Weekly Grab Effluent Chronic Toxicity3 Quarterly Composite Effluent Notes: 1. U: at least 100 feet upstream from the outfall. D: at least 300 feet downstream from the outfall. 2. The temperature of the effluent shall cause an increase in the temperature of the receiving stream of more than 2.8°C; in no case shall it cause the ambient water temperature to exceed 29°C. 3. Chronic Toxicity (Ceriodaphnia) at 13%; March, June, September, December [see 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� TV Sw r a + Permit No. NC0005258 A. (2) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 13%. The permit holder shall perform at a minimum, quarterlu 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 TGP313 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: NC DENR/ DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity(AT) test form indicating the facility name, perpnit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation &reporting of the data submitted on the DMR& all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. , NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all "daily discharges" 'of a pollutant measured during the calendar year. In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 712009 NPDES Permit Standard Conditions Page 2 of 18 totalizer and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the"daily discharge"is calculated as the total mass of the pollutant discharged over the day. The "daily discharge' concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest"daily discharge'during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean,values of"0" (or"< [detection level]") shall be considered=1. Version 712009 C) C) NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average concentration limit), The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(l) of the CWA. UP-Set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average (concentration limit). The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform,the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification;or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 712009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302,306, 307, 308,318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knoavingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301,302,303,306, 307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or both.An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 712009 NPDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations [40 CFR 122.41 ( ]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby[NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit [40 CFR 122.41 (h)]. 9. 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[40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing,production, or operating facilities,provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 712009 NPDES Permit Standard Conditions Page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 13. Permit Modification.Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 NPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess.a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within M calendar days prior to wastewater being introduced into a new system b. Withins;120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 712009 NPDES Permit Standard Conditions Page 8 of 18 _ The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s) of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4)The Permittee complied with any remedial measures required under Part II. B.2. of this permit. c. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 712009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/Division of Water Quality/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 is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent.with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 712009 NPDES Permit Standard Conditions Page 10 of 18 --- - _ _ Personnel__ conducting testing of field-certified parameters must hold the appropriate__field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g),33 USC 1314, of the CWA (as amended),and 40 CFR 136;or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate,any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both [40 CFR 122.41]. 6. Records Retention 'Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entev 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; Version 712009 C-) NPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 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[40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different r from or;absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. Version 712009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800) 662-7956, (800) 858-0368 or(919) 733-3300. 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 II. E. 6. of this permit[40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availabili1y of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system,as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality. Version 712009 NPDES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/DWQ/ Central Files 1617 Mail Service Center Raleigh,NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol;and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. \ b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels'; (1) Five hundred micrograms per liter,(500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 712009 NPDES Permit Standard Conditions Page 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or(d)of the CWA. [40 CFR 403.3 (b) (i) and(j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of the POTWs NPDES permit,or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903(b) (27)] "Significant Industrial User" or"SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary,noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern,or; (c) is required to meet a national categorical pretreatment standard,or; (d) is,regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW,including interference with its use or disposal of municipal sludge,or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: Version 712009 C 1 C) NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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 by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, incluopg, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60.degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with PH lower than 5.0,unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants,except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WWTP,including slug loads and other unusual discharges,which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WW'I'P. The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge,the investigation into possible sources;the period of the discharge,including exact dates Version 712009 NPDES Permit Standard Conditions Page 16 of 18 and times;and if the discharge has not ceased,the anticipated time it is expected_to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR,Part 403) to ensure compliance 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 discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended(which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user,the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (2)] 5. This permit shall be modified,or alternatively,revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and(c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900,and in accordance with the approved pretreatment program,all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900,and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 211.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and.0906;40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey(ITSI The permittee shall implement an IWS consisting of the survey of users of the POTW,as required by 40 CFR 403.8 (0 (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)],including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B,2,c,of this Part. 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D,and Section E.S.). [15A NCAC 211.0906 (b) (2) and.0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the Division. Within 180 days of the effective date of this permit(or any subsequent permit modification) the Version 712009 L)ES Permit Standard Conditions ' r Page 17 of 18 Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e.,an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop,in accordance with 40 CFR 403.5 (c)and 15A NCAC 2H.0909,specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a)and(b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (IUP) &Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all significant industrial users,permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909,.0916,and.0917;40 CFR 403.5,403.8(f) (1) (iii); NCGS 143- 215.67(a)] 6. Authorization to Construct(AtQ The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection&Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine,independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(0(2)(v)]. The Permittee must: a. Inspect all Significant Industrial Users (SIUs)at least once per calendar year,and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a),Tables IC,ID,and IF,as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(0(1)(v) and(2)(iii); 40 CFR 122.440)(2)] 9. Enforcement Response Plan XRP), 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. [15A NCAC 2H.0906(b)(7) and.0905; 40 CFR 4038(0(5)] 10. Pretreatment Annual Reports (PA�RI 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 211.0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 712009 :JPDES Permit Standard Conditions Y Page 18 of 18, For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report(P-AR)-describing-its-pretreatment activities-over—the-previous-twelve-months-to-the-Division-at_the following address: NC DENR/DWQ /Pretreatment,Emergency Response,and Collection Systems Unit(PERCS) 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 Industrial Users (IUs) 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) and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules,.public notice of IUs 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 Industrial Users (IUs) that were in Significant Non-Compliance (SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5) and .0905 and 40 CFR 403.8((21(vii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H.0908 ft 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906(a)and.0905;40 CFR 403.8(f(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 712009 t WATT Michael F.Easley y `��O �QG A Governor Gj Q �J William G.Ross,Jr.,Secretary NCDENR North Carolina Department of Environment and Natural Resources -i p Alan W.Klimek,P.E.,Director Division of Water Quality October 21, 2005 Mr. Charlie Conner, Plant Manager SGL Carbon LLC 307 Jamestown Road Morganton, North Carolina 28655 Subject: NPDES Permit Issuance Permit No. NC0005258 SGL Carbon LLC Burke County Dear Mr. Conner: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge 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 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. There have been no significant changes to this permit from the draft noticed on August 31, 2005. • DWQ is recommending that EPA evaluate of the status of SGL Carbon as a major industrial facility. • Annual effluent monitoring for silver, lead, selenium, and zinc has been added to the permit based on presence in the effluent. 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. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits, which may be required by N.C.Division of Water Quality/NPDES Unit Phone:(919)733-5083 1617 Mail Service Center,Raleigh,NC 27699-1617 fax:(919)733.0719 Internet:h2o.enr.state.nc.us DENR Customer Service Center:1800 623-7748 i Letter to Mr. Conner Page 2 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. 'I If you have any questions or need additional information, please contact Ms. Jacquelyn Nowell at telephone number (919) 733-5083, extension 512. Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSON Alan W. Klimek, P.E. Attachments cc: Asheville Regional Office / Surface Water Protection) Aquatic Toxicology Unit EPA/Region IV/Attn. Marshall Hyatt James W. Willard II/ INENCO, Inc. 132 W. Statesville Ave. Mooresville NC 28115 Central Files Permit File i r 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 December 1, 2005 This permit and the authorization to discharge shall expire at midnight on February 28, 2010. Signed this day October 21, 2005 ORIGINAL SIGNED By SUSAN A. WILS®N Alan W. Klimek, P.E. Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0005258 I 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. 134f 126 42'3p, " �6` CN 116 \... ` �` •f � . . �` �•. Imo ' `'- . • M E AD0 W .L � � \ . ,reek ._ . ., � �•\r IV • 955 I \ V1000 ,� • .•1b63 E., o • a Calvin - <_ iSOUTyERN Bm `lI = �r 05d ' tilt S1ltie. P� 1029" Existing -� � -,. r 1` M• t, ;_ >;^•,- Discharge Point J '; ef #. } r'L L•LL , O / -``�. • is •b � u • ` w t f..�': ice:,=a �. ��� ' °• . I;Oi gyp`/ p-3) l �S Latitude: 350 43'41" SGL Carbon Corporation Longitude: 810 43'45" Nt Burke Count USGS Quad#: E12NW y River Basin#: 03-08-31 NC0005258 Receiving Stream: Silver Creek Stream Class: WS-Iv 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: EF FLUIf,NT LI ITATIONS MONITORING REQUIRE ENTS EFFLUENT Monthly Weekly Daily s Measurement Sample fl'ype" Sample M CHA$ACTERISTICS Average Average Maximum Fr�quncy Z.ocation1 �. Flow(MGD) Daily Instantaneous E Temperature2 Daily Grab E, U, D Total Suspended Residue 30.0 mg/1 45.0 mg/l 2/Month Composite E Oil and Grease 10.0 mg/1 15.0 mg/1 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 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(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/1=milligrams per liter 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, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during the months of March, June, September, 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 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. n c NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended,33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24,hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 f 1 ` / NPDES Permit Requirements Page 2 of 16 In accordance with (4) above influent grab samples shall not be collected more than-Qnce_per hour.--- Effluent grab samples shall not be collected more 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 intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility,or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean,values of"0"(or"< [detection leve])") shall be considered=1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling,when both the sample and flow will be representative of the total discharge. Version 612012003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)0) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly. designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such-discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification;or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the 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 requirement. b. The Clean Water Act provides that any person who violates section 301,302,306,307,308,318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act,is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301,302,306,307,308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [40 CFR 122.41 (a) (2)] Version 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who kn violates such sections, or such conditions_Qr limitations_is_subject_to_criminal—_ penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301,302,303, 306,307,308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years,or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(13)(1) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed$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. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages; such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion.of personal rights, nor any infringement of Federal,State or local laws or regulations [40 CFR 122.41 (g)]. 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. Version 612012003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thiE permit to any circumstances,is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. 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 [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities,provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 612012003 ` NPDES Permit Requirements Page 6 of 16 c. _Changes_to_authorization:._If_an_authorization__under-paragraph-(b)-of-this- section is-no longer-accurate— because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 13: Permit Modification_Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H .0100;and North Carolina General Statute 143-215.1 et.a]. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. -Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up.ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must: ➢ Visit the facility at least daily,excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 ( NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (CA. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not'subject to the provisions of Paragraphs b.and c. of this section. b. Notice (40 CFR 122.41 (m)'(3)] p) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: -- (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the.use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 612012003 nNPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial-reyie_w._ b. 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 Permittee can identify the cause(s) of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E. 6. (b) (B) of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2. of this permit. d. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein,shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the 28th 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: NC DENR/Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures 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 40 CFR 136; or in the case of sludge use or disposal,approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge 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 [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: 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; Version 612012003 ` NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 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 [40 CFR 122.410)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). 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 Permittee shall give advance notice to'the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 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 permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.410) (3)]. 5. Monitoring_Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 612012003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four FIour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800) 662-7956, (800) 858-0368 or(919) 733-3300. 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 II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 0) (8)]. 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. Persons reporting such occurrences by telephone shall also file a written report 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 Version 612012003 t ,J NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Pem-ittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director 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. _ Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis,of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; p) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter(500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol;and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine 'or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 i NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A Publicly Owned Treatment Works (POTWs) 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 by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW,and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. 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 PO'IW. 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 sending influent to 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 Version 612012003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing P-r_etreament_Pr-ogram_per_15AN__CAC_2H_.090.7_(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. Section C. Pretreatment Programs 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. The Permittee shall operate its approved pretreatment program in 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(ITSI The Permittee shall update its Industrial Waste Survey (IWS) to include 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. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,Section D,and Section E.5.). 4. Headworks Analysis (HWAjand 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. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42). The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H-.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 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. Version 612012003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct(A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit(IUP)limitations. 7. POTW Inspection&Monitoring of their SIUs 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: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit- limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reportin 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 Summ=(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 CIDSP) Version 612012003 NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These_analytical_results_must_be_reported_on-Indus trial_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. 13. Funding;and Financial Report 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 j modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan a modifications,shall be considered a permit modification and shall be governed by 15 NCA.0 2H .0114 and 15A NCAC 2H .0907. . 1 Version 612012003 I I 03/14/2007 14:51 3363421n MERITECH ; PAGE 02IO2 ❑ El ❑ � � a+ AIR ro a h W i 42 a s A p 'I x n +�w � —I o' to ww °' ran y �^ `8 tr Ln a t w w 4 CL P Lu W W ° 3N W 0 0 N tz rl> N 19— o { rn aFp m in Cy' ran 73 3 mr — LA � S h T 4 O w o i I,�7 y � W"1 I m S i J7 m lb a z m m � � � 4 0= cp ,y x O m 03114/2007 14:51 3363421 MERITECHj PAGE 01/02 Merxtech, Inc. Environmental Laboratory Laboratory Certification No.165 Contact: Rick Ives RepartDate; 3/14/07 Client: SGL Carbon 307 Jamestown Rd, Morganton,NC 28680 Date Sample Rcvd: 3/7/07 I Meritech Work Order# 03070706 Sample: 3-1 3/5-6/07 i Parameters Result Analysis Date Repartin. Limit Method Copper,total 0.006 mg/'L 3/9/07 0.002 mg/L EP.A.200.7 Lead,total s 0.010 mg/L 3/9/07 0.010 mg/L EP.A,200.7 Selenium,total ¢0.010 rng/L 3/9/07 0.010 mg/L EPA 200.7 Silver,total a 0.005 rng/L 3/9/07 0.005 mg/L EPA 200.7 Zinc,total 0.063 mg/L 3/9/07 0.010 mg/L EPA 200.7 MAR 2 1 2007 WATER QtJAl_I IN 5L_t.I IU:� AS HEN ILLG.1?.rC+ 1 hereby certify that have rezVezved and approve these.data. Laboratory Representative 642 Ta.mco Road,Reidsville,North Carolina 27320 tel.(336)3424748 fax.(336)342-1522 • SGL GROUP THE CARBON COMPANY March 9, 2007 Roger C. Edwards Regional Supervisor, Surface Water Protection 2090 US Highway 70, Swannanoa, NC 28778 Dear Mr. Edwards: Attached please find the lab results for lead, selenium, silver and zinc as required by our Permit No. NC0005258. We have updated our plant procedures and that will ensure that our lab reports the results of these parameters annually. Sincerely, R. T. Ives Engineering Manager cc: Charlie Conner " --- �. MAR 2 1 2007 i WATER OUALITY SECTION ASHE_VILLE Rl GIONAL O� FICE SGL Carbon, LLC 307 Jamestown Road Morganton,NC 28655 Phone: (828)437-3221 Fax: (828)432-5885 ()�^W A � C M hael L sley Goyarnor 51 (,J u Willm G ��Tr., 'gcretary North Carolina Departme anq,,Na ural Resources r Alan W.Klimek,P.E.Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 5, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 7131 Charles Conner Sgl Carbon LLC 307 Jamestown Rd Morganton NC �8680 Subject: NOTICE OF VIOLATION NOV-2007-MV-0032 Permit No. NC0005258 . SGL Carbon Corporation Burke County Dear Mr. Conner: A review of SGL Carbon Corporation's monitoring report for December 2006 showed the following violations: Parameter Date Measuring Violation Frequency Lead, Total (as Pb) 12/31/06 Annually Failure to Monitor Selenium, Total (as Se) 12/31/06 Annually Failure to Monitor Silver, Total (as Ag) 12/31/06 Annually Failure to Monitor Zinc, Total (as Zn) 12/31/06 Annually Failure to Monitor Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 15 working days of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit ARO NoithCarolina 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 A7at11r111& 0F W'4 Michael F.Easley,Governor William G.Ross Jr.,Secretary rram' , ✓/(A) North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality Asheville Regional Office February 6, 2007 609 MR. JEFF WOODRUFF SGL CARBON, LLC 307 JAMESTOWN ROAD MORGANTON, NC 28655-9948 Dear Mr. Woodruff: Your letter, received February 5, 2007, concerning corrective actions for your analytical procedures has been reviewed. The quality control measures taken in reference to the comments cited in the January 25, 2007 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). It 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 2H .0800. Thank you for your time and cooperation. I can be contacted at(828) 296-4677 if you have questions. Sincerely, r � z. Gary Francies Laboratory Section cc: Pat Donnelly ��h�`iille regional Office_ Nor thCarolina North Carolina Division of Water Quality,Laboratory Section 2090 US Highway 70 Swannanoa,NC 28778 lll`llrltlilf Phone(828)296-4500 FAX (828)299-7043 Internet: www.dwglab.org Customer Service 1-877-623-6748 An Equal OpportunitylAffirmativeAction Employer 92- G11 January 31, 2007 /a RECENEID Mr. Pat Donnelly EG 05 2007 NCDENR L)WL- Division of Water Quality LABORATORY CER' TINGAITioh, Laboratory Section 1623 Mail Service Center Raleigh,NC 27699-1623 SUBJECT: Laboratory Inspection Response Dear Mr. Donnelly: I am pleased to inform you that with regard to the lettered comment made on the January 11, 2007 inspection,the following corrections have been made as recommended by Mr. Gary Francies: PH Reporting Values The Laboratory has previously been reporting pH values to two decimal places. As of January 9, 2007 this practice has been amended to report only to one decimal place. In addition, reporting now also reflects the temperature at which the measurement is made. Paper Trail Investigation A review of the laboratory bench sheets and Discharge Monitoring Reports(DMRs) revealed 3 errors in transcribing the data. Amended DMRs will be sent out shortly resolve this issue. I hope these changes will complete the requirements for corrective action on the part of the laboratory. If you have any questions or additional comments, please let me know. S' erely, Jeffrey Alan Woodruff Laboratory Supervisor r( W A, ^, Michael F.Easley,Governor �Q " �' William G.Ross Jr.,Secretary \Q North Carolina Department of Environment and Natural Resources 7r � Alan W.Klimek,P.E.Director „ -1 Division of Water Quality Asheville RegionglAffice SURFACE WATER PROTECTION � December 6, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 1633 Charles Conner Sgl Carbon LLC 307 Jamestown .Rd Morganton NC 28680 Subject: NOTICE OF VIOLATION NOV-2006-MV-0168 Permit No. NC0005258 SGL Carbon Corporation Burke County Dear Mr. Conner: A review of SGL Carbon Corporation's monitoring report for August 2006 showed the following violations: Parameter Date Measuring Number of Violations Frequency Temperature, Water Deg. 08/26/06 5 X week 3 Centigrade Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 20 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit ARO rn,C NorthCarolina 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Natlll'llllf o-f�ie• + s+w uM+Flaae4 rliaslowat ��nor `adrr" �j + �. Willia G.Rnss Jr taffy`` North Carolina Departure vino ent d Natura ounces y {!��, r ;# �y Ali"W. iNb ' Asheville Regional Office SURFACE WATER PROTECTION December 6, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 1626 Charles Conner Sgl Carbon LLC 307 Jamestown Rd Morganton NC 2.8680 Subject: NOTICE OF VIOLATION NOV-2006-MV-0169 Permit No. NC0005258 SGL Carbon Corporation Burke County Dear Mr. Conner: A review of SGL Carbon Corporation's monitoring report for September 2006 showed the following violations: Parameter Date Measuring Number of Violations Frequency Flow, in conduit or thru 09/09/06 5 X Week 5 treatment plant Temperature, Water 09/09/06 5 X Week 2 Temperature, Water 09/16/06 5 X Week 1 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 20 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit ARO NonchCarolina 20 90 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299 7043(Fax) Customer Service 877 623-6748 ��j�j+���� f Mlch as yjeourc.qsF ernorryillia , {toss retary North Carolina Department of Em .nment and Natu l �r Alan W.Klimek;P E Director Division of Water Quality h Asheville Regional Office SURFACE WATER PROTECTION April 10, 2006 Charles Conner Sgl Carbon LLC PO Box 40 - Morganton NC 28680 SUBJECT: Bioassay Compliance Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear Mr. Conner: Enclosed please find a copy of the Bioassay Compliance Inspection Report for the inspection, which I conducted on March 14, and March 17, 2006. The facility was found to be in Compliance with permit NC:0005258. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please do not hesitate to contact me at 828-296-4500. Sincere[ Keith Haynes '' Environmental Specialist Enclosure cc: Central Files Asheville Files No thCarolina �rtu�ally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fee Type 1 I NI 2 ;I 3I NCOOC.52:i£3 111 12I Oo;03/14 117 18 gl 19I SI 20I-I ! Remarks i J 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved---------------------- 671 169 70 U 71 I D I 72I y I 73I 174 75[ I I I I I I 180 Section B: Facility Data wI 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) 10:30 AID] 06/03/14 05/12/01 cSGL Carbon CX.rz:orati.on 307 Jamestown Rct Exit Time/Date Permit Expiration Date Morganton NC 26655 1.1:30 Alwi 06/03/14 10/02/28 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 Charles Conner,PO Box 40 Morganton NC 286£30/%823-437-3221/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Other 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 Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewers , Agency/Office/Phone and Fax Numbers Date Larry Frost. � � s ARO WQ//828-296-4500 Er_t.4658/ EPA Form 3560-3(Re 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1 3-._ 1�12 SL_ 1$ .-I-.-----.--------- - -- - - - - -— - - I Cd(.�0C-ti ;�'T��3c I- - I-B Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On March 15, 2006, Division Aquatic Toxicology personnel initiated a 3 brood Ceriodaphnia dubia pass/fail toxicity test on composite samples collected from the subject facility's whole effluent. The samples were collected on March 13-14 and 16-17, 2006, by the facility and split by Asheville Regional Office personnel. The test result was,recorded as a "PASS"with the control survival at 100% with a control mean reproduction of 31.0 neonates. The treatment survival was 100% with a treatment mean reproduction of 31.8 neonates. The test concentration was 13% sample based on the permitted discharge of 1.5 mgd and the receiving stream 7Q10 of 20.9 cfs. Other measured water quality parameters were as follows: First sample; pH=7.17 SU, conductivity = 81.5 micromhos/cm; total residual chlorine = see below*. Second sample; pH=7.30 SU, conductivity =82.4 micromhos, total residual chlorine = see below*. The test result for the sample indicates that the effluent would not be predicted to have water quality impacts on the receiving stream. '*The total residual chlorine readings were 0.909 and 1.95 mg/I on the first and second samples, respectively. This data was identified as suspect due to the lack of observed test organism inhibition. The exact nature of the interference could not be identified at the time of the testing. Page# 2 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 03/14/2006 Inspection Type: Bioassay Compliance Other Yes No NA NE Comment: Three brood Ceriodaphnia dubia pass/fail toxicity test. Page# 3 �,„„ FAQ � �.-� .., .• sr��;�e��«+>, Ilia Ro Jr., e (i3ta North Carolina Department of tnviro n Na ral source r a W.Klim P. to l Asheville Regional Office SURFACE WATER PROTECTION November 8, 2005 Charles Conner Sgl Carbon LLC PO Box 40 Morganton NC 28680 SUBJECT: Compliance Evaluation Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear Mr. Conner: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which I conducted. at your facility on November 4, 2005. The facility was found to be in.Compliance with permit NC0005258. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff, have any questions, please do not hesitate to contact me at 828-296- 4500. Sincerely, l Keith Haynes Environmental Specialist Enclosure cc: Central Files Asheville Files NonehCarolina 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 aturally United States Environmental Protection Agency E /� Washington,D.C.20460 Form Approved. /"A OMB No.2040-0057 Water Compliance Ins ection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I-I 31 NC0005258 111 12I 05/11/04 117 18I C1 19I gl 20I-I 21I1 1 1 1 1 Remarks � � ) iii6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70I ,I 711 I 72I N I 73 74 751 I I I I I I 180 Section B: facility Data �1 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) SGI, Carbon Corporation 10:00 AM 05/11/0,1 01/02/01 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 10:50 AM 05/11/04 05/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Rick Ives//828-432-5811 / Name,Address of Responsible Official/Title/Phone and Fax Number Charles Conner PO Box 40 Morganton NC 28680 82 Contacted �- g� // 3-437-3221/ No Section C: Areas Evaluated During inspection(Check only those areas evaluated) Permit Operations&Maintenance E 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 Keith Haynes ARO WQ//828-296-4500 Ext.4660/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. i NPDES yr/mo/day Inspection Type 1 3 11 12 17 18- - -------- _ ___Section D: Summary of Finding/Comments(Attach additional Jsheets of narrative and checklists as necessary) The facility appeared to properly maintained and adequately operated. No problems were noted in the receiving stream. Process cooling water and storm water are discharged through the same outfail. The storm water is covered Under separate permit, 1 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 11/04/2005 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ 0 (_l Is the facility as described in the permit? ■ ❑ ❑ 0 Are there any special conditions for the permit? ■ ❑ ❑ 0 Is access to the plant site restricted to the general public? n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ (l Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ [1 Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge ■ 1=l ❑ I] Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ fl Are the receiving water free of foam other than trace amounts and other debris? 0 If effluent (diffuser pipes are required) are they operating properly? Q I=1 ■ 0 Comment: j Division of Water Quality March 22, 2006 APR 6 2006 MEMORANDUM To: Roger Edwards ` ' IF ':�.i i ;;r s Regional Supervisor, Surface Water Protection, ARO Through: Matt Matthews ell Supervisor, Aquatic Toxicology Unit From: Sandy Mort Quality Assurance Officer, Aquatic Toxicology Unit Subject: Whole effluent toxicity test results Sigri Great Lakes Carbon LLC NPDES Permit#NC0005258/001 Burke County The aquatic toxicity test using 24-hour composite samples of effluent discharged from Sigri Great Lakes Carbon LLC has been completed. Sigri Great Lakes Carbon LLC has an effluent discharge permitted at 1.5 million gallons per day(MGD) entering Silver Creek (7Q 10 of 20.9 CFS). Whole effluent samples were collected on March 14 and 17, 2006 by facility personnel for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test using these samples resulted in a pass. Total residual chlorine(TRC) data is reported as "suspect analysis". It is likely that the TRC analysis was subject to a positive analytical interference that resulted in analytical results of 0.909 and 1.95 mg/L TRC on the first and second effluent samples,respectively. The analytical data was identified as suspect due to the lack of observed test organism inhibition. Compounds identified as positive interferences for the TRC method employed by ATU(USEPA Method 330.1) include: disinfection by-products, nitrogen trichloride, strong oxidizing agents, some metals, surface-active agents, complex anions, and iodine-reducing substances. The exact nature of the interference cannot be identified at this time. Toxicity test information follows. Test Type 3-Brood Ceriodaphnia dubia pass/fail Test Concentrations 13% sample Test Result Pass Control Survival 100% Control Mean Reproduction 3 1.0 neonates Test Treatment Survival 100% Treatment Mean Reproduction 31.8 neonates First Sample pH 7.17 SU First Sample Conductivity 81.5 micromhos/cm First Sample Total Residual Chlorine (suspect analysis) Aquatic Toxicology Unit Environmental Sciences Section S.econd_Sample_pH-7 3QSU Second Sample Conductivity 82.4 micromhos/cm Second Sample Total Residual Chlorine (suspect analysis) Test results for these 8'amples indicate that the effluent would not be predicted to have water quality impacts on receiving water. Please contact us if further effluent toxicity monitoring is desired. We may be reached at(919) 733-2136. Basin: CTB31 cc: Central Files Keith,Hayiies,ARO i Aquatic Toxicology Unit Environmental Sciences Section ',I Division of Water Quality March 22, 2006 6 1 F iFI ; APR - 6 2006 MEMORANDUM To: Roger Edwards Regional Supervisor, Surface Water Protection, ARO Through: Matt Matthews Vi^ Supervisor, Aquatic Toxicology Unit From: Sandy Mort Quality Assurance Officer, Aquatic Toxicology Unit Subject: Whole effluent toxicity test results Sigri Great Lakes Carbon LLC NPDES Permit#NC0005258/001 Burke County The aquatic toxicity test using 24-hour composite samples of effluent discharged from Sigri Great Lakes Carbon LLC has been completed. Sigri Great Lakes Carbon LLC has an effluent discharge permitted at 1.5 million gallons per day(MGD) entering Silver Creek (7Q10 of 20.9 CFS). Whole effluent samples were collected on March 14 and 17, 2006 by facility personnel for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test using these samples resulted in a pass. Total residual chlorine (TRC) data is reported as "suspect analysis". It is likely that the TRC analysis was subject to a positive analytical interference that resulted in analytical results of 0.909 and 1.95 mg/L TRC on the first and second effluent samples, respectively. The analytical data was identified as suspect due to the lack of observed test organism inhibition. Compounds identified as positive interferences for the TRC method employed by ATU(USEPA Method 330.1) include: disinfection by-products, nitrogen trichloride, strong oxidizing agents, some metals, surface-active agents, complex anions, and iodine-reducing substances. The exact nature of the interference cannot be identified at this time. Toxicity test information follows. Test Type 3-Brood Ceriodaphnia dubia pass/fail Test Concentrations 13% sample Test Result Pass Control Survival 100% Control Mean Reproduction 31.0 neonates Test Treatment Survival 100% Treatment Mean Reproduction 31.8 neonates First Sample pH 7.17 SU First Sample Conductivity 81.5 micromhos/cm First Sample Total Residual Chlorine (suspect analysis) Aquatic Toxicology Unit Environmental Sciences Section - —Second-Sample-pH 7-30-SU --------- ---- Second Sample Conductivity 82.4 micromhos/cm Second Sample Total Residual Chlorine (suspect analysis) Test results for these samples indicate that the effluent would not be predicted to have water quality impacts on receiving water. Please contact us if further effluent toxicity monitoring is desired. We may be reached at (919) 733-2136. Basin: CTB31 cc: Central Files Keith Haynes, ARO Aquatic Toxicology Unit Environmental Sciences Section F WA TF Michael F.Easley,Governor 9p C;ironment William G.Ross Jr.,Secretary North Carolina Department o and Natural Resources �Xa �- Alan W.Klimek,P.E.Director Division of Water Quality O `C February 3,2006 Mr. Charles Connor I SGL Carbon, LLC I i. FED 6 2006 PO Box 563960 I ., Charlotte,NC 28256-3960 < nr Ji \ I SUBJECT: Payment Acknowledgment Civil Penalty Assessment Permit Number:NC0005258 Case Number:LV-2006-0003 Burke County Dear Mr. Connor: This letter is to acknowledge receipt of check number 194833 in the amount of$700.00 received from you dated January 26,2006. This payment satisfies in full the above 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 Bob Guerra at(919)733-5083 Ext 539. Sincerely, Frances Candelaria cc: Enforcement File#:LV-2006-0003 Ahseville DWQ Regional Office Supervisor Central Files Ane Carolina Natmaliff 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 o o W - o O o cc; cc M Z Z r "W Z Z w o"eAeP4cc LLJ oco i: a0, LEI o r o c N rA O O • • r-I N, rn � O w O H:: a rm W.W N Ei U) r F74 3w � � — U 3' 0, �' w u. u]] rn • �"W A H'.� F4 N cr UY",CWJl ril • rn O:W 'tea A F1.RS 7r J � O;:Z O x ..1 rA Zi: C7 "m Z nl H- m:.C9 CD"W "', a.. �- W pW 0mccu ' A9989L 666680 � \N A y Michael F.Easley,Governor (} , William G.Ross Jr Secretary .d G North Carolina Department of Envifonment:{and NWurr@JJ pps, uX�es ,,. } Alan W.Kli ek, E Dire isi of ter Qua P Ashevi Re ez OgIrie � d January 10, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013552 8763 Charles Conner Sgl Carbon LLC PO Box 40 Morganton,NC 28680 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NC0005258 Sgl Carbon LLC SGL Carbon Corporation Case No. LV-2006-0003 Burke County Dear Mr. Conner: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$700.00 ($600.00 civil penalty+ $100.00enforcement costs) against Sgl Carbon LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Sgl Carbon LLC for the month of November 2005. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0005258. The violations,which occurred in November 2005 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Sgl Carbon LLC violated the terms, conditions or requirements of NPDES Permit NC0005258 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Sgl Carbon LLC: NNrhCarolina aturally �,, 2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500 FAX:299-7043 Customer Service 1-800 623-7748 I I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0005258, by discharging waste water into the waters of the State in-violation_ofthe_P_ermit_Dail_y_Maximum_limit-for--OIL-GRSE.---- -- 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0005258, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for OIL-GRSE. $600.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $700.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: `I Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit 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: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; , (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counset Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Mr. Keith Haynes of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc Regional-Supervisor w/attachments Enforcement File w/ attachments Central Files w/ attachments ' JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0003 County: Burke Assessed Party: SGL Carbon LLC Permit No. NC0005258 Amount Assessed: $700.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts'' form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a.detailed explanation,including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND SGL CARBON LLC ) STIPULATION OF FACTS PERMIT NO. NC0005258 ) FILE NO. LV-2006-0003 Having been assessed civil penalties totaling $700.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 10, 2006, the undersigned, desiring to seek remission of the civil penalty, 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 thirty(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 , 20 SIGNATURE ADDRESS TELEPHONE � Ul V w 0) N U U F- w w O . p Gf a m Q U � Z O �F o ui o M ui OM m 0 QFQ JJ N LO Q co J U F � J Y L m LL W OO c E E O U M O O O .J O Z U .J O L L W O I m C C _ O J K X X Q V LL N N W m Z p N N Z gaco M o� uWi 5 U c O O O. L O U cIx o w W I? c� IL o 0 o J U U p w w LL J J a Fa o 0 O � (7 N ?r w O O 00 0 a C N N U O zW Z A 1- o } } o 0 LU = Q o 0 a E Z O O .l a f» » " DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT(FILE) Violator: S21 Carbon LLC County: Burke Case Number: LV-2006-0003 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b),which are: 1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; The facility discharges its effluent into Silver Creek, Class WS-1V waters of the State, in the Catawba River Basin. 2) The duration and gravity of the violation; This appears to be an isolated incident. The facility has reported no effluent limit violations within the past twelve months. 3) The effect on ground or surface water quantity or quality or on air quality; All NPDES permit effluent violations are considered to be damaging to the receiving waters. 4) The cost of rectifying the damage; The cost would have been at least as much as the cost of properly treating the wastewater for oil and grease and possibly more. 5) The amount of money saved by noncompliance; The facility may have saved the cost of properly removing oil and grease from their wastewater. 6) Whether the violation was committed willfully or intentionally; There is nothing to suggest that the violations were willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and This is the first effluent limitation violation the facility has reported in over a year. 8) The cost to the State of the enforcement procedures. 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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: ®Sample reported with qualification. Data qualification code used:J4 ❑Other(explain): Notification Required? ❑ Yes ❑No Person Contacted: Date: Form completed by: X44t Date: 5/27/2005 Lead Chemist ev ew(initial): ']BIOCHEM ❑PEST ❑SVOA ❑METALS ❑VOA Branch Head Review(initi QA/QC Review (initi 1): Logged into database by(initial): QA\FormsU.aboratory\SAR 10/23/01 dbs SGL Carbon LLC NC0005258 1 ) Subject: SGL Carbon LLC NC0005258 From: Jackie Nowell <jackie.nowell@ncmail.net> Date: Fri, 14 Oct 2005 16:23:34 -0400 To: Roger Edwards <Roger.Edwards@ncmail.net> Hello Roger, I was just checking to see if your office had any comments on the subject facility and whether you had reviewed and signed the factsheet. I am attaching copies via email just in case you never got a copy of them. A major item is that the Central Office is recommending that SGL be classified as a minor industrial facility rather than a major. Since the effluent is primarily noncontact cooling water we thought it needed to be reevaluated. A permit rating worksheet was done and the facility graded out as minor. EPA is currently reviewing the worksheet and it will be a few months before they get back to us. So, right now its still categorized as a major industrial until we get an answer from them. Please fax back the signed factsheet with any comments. We have received a -no comment letter from EPA, and approval from DEH, so the permit will be ready to be issued once we hear back from you. Thanks and have a relaxing weekend Jackie 5258.fct2005.doc 5258 draft letter2005.doc 5258permit2005.doc aOOQO S 1 of 1 10/18/2005 8:47 AM `Q�0 RQG Michael F.Easley Governor William G.Ross,Jr.,Secretary r CO NCDENR ry North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Division of Water Quality August 31, 2005 Mr. Charlie Conner, 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 draft permit. The notice should be published on or about September 7, 2005. Following a 30-day comment period, we will review all pertinent comments received and take appropriate action on the permit issuance. Please provide written comments on the draft permit no later than October 7, 2005. If you have any questions, please contact me at (919) 733-5083, extension 512. Sincerely, Jacquelyn M. Nowell NPDES Western Program Attachments cc: Asheville Regional Office / Surface Water Protection Aquatic Toxicology Unit EPA/Region IV/Attn. 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,NC 27699-1617 fax:(919)733-0719 Internet:h2o.enr.state.nc.us DENR Customer Service Center:1 800 623-7748 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 This permit and the authorization to discharge shall expire at midnight on February 28, 2010. Signed this day DRAFT Alan W. Klimek, P.E. Division of Water Quality By Authority of the Environmental Management Commission 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. 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 Monthly Weekly Daily Measurement Sample Type Sample CHARACTERISTICS Frequency Location' Average Maximum 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 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 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 (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 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, quarterl 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 TGP313 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. ■ plete items 1,2,and 3.Also complete A. Signature nn h 4 if Restricted Delivery Is desiretl: ❑Agent -p ( X ❑Addressee 0 ■ Print your name and address on the reverse EJD so that we can return the card to you. B. Received by(Printed'Name) C. Date of Delivery ■ Attach this card to the back of the:mailplece, ru or on the front if space permits :., Ln D. Is delivery address different from'item 1? ❑Yes — c ,, rr'I 1. Article Addressed to: If YES;enter delivery address below: [INo t r- C3 O (Endo 7 � 1 Rest O r � c Q (Endo i 3.�Service Type fx1 i , �ti �' 77 Certified Mail ❑Express Mail Tote Q ❑Registered ID/Return Receiptfor Merchandise Lrlent, ❑Insured Mail . LI�C.O.D. C3 4. Restricted Delivery?(Extra Fee) ❑Yes O Iti Sfiee, or PO 2: Article: airy; (rransfi 7005 0390 0001 3552 8763 . PS Form 3811,February 2004 Domestic Return Receipt Lv ZU QG 'U Q C]SENDER-I 102595=02- -f540 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY -0 ■ A. Signature rt! Mete Items 1,2,and 3.Also complete g °7 lj iflr t if Restricted Delivery is desired. X r' ❑Agent r_1 ■ I dour name and address on the reverse =—© rd sseel so x�it we can return the.card to you. B. R eived by(Print d Name) t—-Cr n livery'. rn LSI ■ Attach this card to the back of the mailplece, n s s or on the front if snare nermitc I Fr m North Carolina Depart.-lent C) �h from'em 1? I) R si L add ass belgvy: Alfr,, �„ n ircrane•,t ,ild fdatli!"Si P ��;;� CIC7 j. ; Ub0 U.B. �IgpiwIt;, -1c•, "warmanoa t.1c Sl ± � ?• �� rr D _, [[MFEn I, r_End' WDEIR 0 7 r � diam '. J t t m (Enda CH LE.i t:t3t�3NER 3. AS a ceTYpe C> —i Cr)Tot, Certifies Mail }} roes Mail �1 Ln „SCIL CARBON LLCM I ❑ stored f;, et um Receipt forMorcc andis@ a Sent' C.O.D.) �At )� � jQ --=• 6 r`J sties PAORGrb.NTON NC 28655.5-9948 4. Restricted l elivery? Fee)- or PC 7005 0390 0001 3553 1626 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY m m } ■ k"Ic', te items 1,2,and 3.Also complete A. Signature J itRestricted Delivery is desired. X ❑agent■ P, your name and address on the reverse ddfes§6a rn so that we can return the card to you. B. Received by(Printe amen r„ Dat of Delivery" Ln ■ Attach this card to the back of the mailpiece, (�N Q. -- < or on the front if --- I� ith G�r�ljna C ep<itrt Un f ifferen —1 eriZ1?M❑Yea! q Environment and Natural f<esour 9;,$ve Ali' ssbelow: qc� a +wy „ d Z010 U : Ffig'rvrray '7G, Swann�;loa, tdc 7_ti/ I �� cra CZD i-o (EndoiRestr NCDENR (,1 4 A `� � t j w "�"a r— - (J' r U7 (Endor n n <`,! CJ CS LL i \ Tota CHa��.fl.E COW", I( 3. s ice Tyge ressC_.) n_ i a, JGI_CAiR t�N �-� Certif1 Mail �O O Sent r, gisteked etum IRelpt fo Kerohandisp tti CDC.�r�i'�NST> 'v�i 41a�3 ❑InsurMai O.D or PO mv,)RGAH ifa°{ ¢ F, 7.is> � `,�?' t c.; 4. Restricted Delivery? r Fee)_ Yes - — � 7005 0390 0001 3553 1633 0n �- ; I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15440 SE OMPLETE THIS SECTION • • ON DELIVERY ■ Mete items 1,2,and 3:Also complete A. Signature a i if Restricted Delivery is desired. X ❑Agent m ■ ; our name and address on the reverse 0 Addressee '� so that we can return the.card to you, C. Date of Delivery C� eceive b Y(P ted me)- ._..... ■ Attach this card to the back of the mailpiece, - Er .nn+hc frnnt if anace hermits. j 'n — North arolina DepaJ2877 �ren�trorr;iiertaa Yes 1 E'• Environment and Natural RtlElr s below: o U1 2090 U.S. Highway 70, Swannanoa, NNNR )Ln a, -i 00 �1- o (Ei CHARLES CONNER 3. Se ice Type rw ,�� SGL CARBON LLC ifled Mail0,0 reseed cs ut ru 307 JAMESTOWN ROAD ❑Registeredumg+eceipt f r,,erg andise -0 sE MORGANTON NC 28655-9948 13 Insured Mai .D. t� C3 wN E3 si ._. -- ._-_ ..__.-- _ 4. Restricted Delivie: Fse or 7006 2150 0005 2459 7131 3,P PS Form 3811,February 2004 Domestic Return Receipt 102595-02-N(.1540 z _ •psi v% ..:JA ... • COMPLETE.THIS SECTION ON DELIVERY IN°'i,Wrrtpl�te':iems-1,.2,and 3: t E A Signature IIIII(`Prin#yourj-fame and address`ont{xe reverse X ❑Agent so that"'can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. Ill-31-1017 1. Article Addressed to: D. Is delivery address different from item 11 ❑Yes _ If YES,enter delivery address below: Q No co j Mark Lundblad f1jGdD �� r.SGL Carbon LLC r` '307 Jamestown Rd r-q Morganton, NC 28655 I Ln 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered M61ITM E 1111111111111 N I III I I it I I II IN I III 1111111111 Sd"Certifled Mall®Restricted Delivery ❑Deliveryed Mail Restricted 9590 9402 21 19 61 32 6457 81 ❑Certified Mail Restricted Delivery ❑Return Receipt for O ❑Collect on Delivery Merchandise 2. Article Number(Trensfer from service label ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationrm C3 ❑Insured Mail ❑Signature Confirrpation f`- 7 016 13,70 0001 6571 7181 I El Insured Mail Restricted Delivery Restricted Delivery M (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SltNDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ---------------- rl I O I ■_Ci,__ lete items 1.2.and 3. A. Signature - - N N„ D.Q North Carolina Department of Environmental Quality gent WW11�U1y1� [31'Addressee Division of Water Resources ceived py(Printed Name) C.Date of Delivery Water Quality Regional Operations Section 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 - elrvR. ad&ssdifferent from-item 17 ❑Yes - (y enter delivery address below: [�.No e r ©0 0 f \S\$\fin O t \. fn Charles Conner 1!��' t� I r-q SGL-Carbon LLC Cj 2Q1� 0307 Jamestown-Road 2 s Morganton, NC 28655 Ln i_u�fllf��l��illli�ll'��lillfl�liilili����llll'fl�f �I�I��I�Illlffl nr^�n�e II l fIIIII I'II III I I I I I I I II III II'II'IIIIII'I III\ 3. Se F6r Pe ❑Priority Mail Express® ` Ad �Signature' ❑Registered Mailrm C]`AduGIltSignature Restricted Delivery ❑Registered Mail Restricted nj ertified Mail® Delivery 0 9590 9403 0672 5196 9690 23 K Certified Mail Restricted Delivery jf�: Fleturn Receipt for C3 ❑Collect on Dellvery I Merchandise O _2_ Article Number_fTransfer from_service label! .-_.- ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ^Rail ❑Signature Confirmatio C3 ! '?012 1010 0002 1965 5 013 0�i1 Restricted Delivery Restricted Delive PS Form 3811,April 2015 PSN 7530-02-000-9053 AJ OV.2 01(o.,In V. 06 51 Domestic Return eipt