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NC0085031_Regional Office Physical File Scan Up To 9/29/2020
J a®o NCDEHR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue, Governor Coleen H. Sullins, Director June 29, 2009 Mr. Roger Petit Petit's Paint & Body Shop, Inc. 80 Old Rosman Hwy Brevard, N.C. 28712 Natural Resources Dee Freeman, Secretary.. 0 E F F c E � V E ID J 72009 1 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: ` RYsci�nuN�E`er'�NC"8503`1 ..onoco 7rnxeahence �«: aaasy=vax i73 P"-7,P�l Dear Mr. Petit: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NCO085031 is rescinded, effective immediately. If in the future your company wishes to discharge wastewater to the State's surface waters, they must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, 6/,,C/o1&eeniS s cc: Central Files _ Asheville�Regional office / Susan. Wilson PDEN S"Permit file Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NOfthCarOlina Internet:w9-807-6391 www.ncwaterquality.org Phone: 919�07-63911 FAX 919 807-6495 chades.weaver@ncdenr.gov Davis, Roy From: Wilson, Susan A Sent: Friday, June 26, 2009 10:45 AM To: Davis, Roy; Haynes, Keith; Cantwell, Janet Subject: Conoco rescission trans co. fyi - just to let ya'll know I was doing something after my meeting with corp folks yesterday - checked out that conoco site in trans co. (at Rosman) and talked to the owner. City has sewer line running out that way (old Rosman highway), they're on septic system right now and when they expand they're going to tie into sewer. I let Charles know that one could be rescinded (which is a good thing for us as there ain't nothin' in our files except for a clang file folder on that permit!) Susan A. Wilson - Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 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. r cn J o ' Ain t(1 3 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 29, 2004 J. Roger Petit Conoco Convenience Store 2100 Old Rosman Highway Brevard, NC 28712 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: Renewal Notice NPDES Permit NCO085031 Conoco Convenience Store Transylvania County Dear Permittee: Your NPDES permit expires on September 30, 2005. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than April 3, 2005. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30, 2005, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. cc: Central Files jAsheville.Regional Office, Water Quality Section_ .i NPDES File Sincerely, V d17 e - U Charles H. Weaver, Jr. NPDES Unit NOV 3 0 2004 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ncmail.net NOoithCarolina Nati(rallff An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NPDES Permit NCO085031 Conoco Convenience Store Transylvania County The following items are RE QUIRE D for all renewal packages : ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.ILb of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted bv_anvMuniciyal or Industrial facilities dischar in process wastewater: Industrial facilities classified as Primary Industries (see Appendices A D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The ahove requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter hackwash, etc) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center. Raleigh, NC 27699-1617 J. Roger Petit Petit Conoco Convenience Store 2100 Old Rosman Hwy. Brevard, North Carolina. 28712 Dear Mr. Petit: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. laimek, P.E. Director Division of Water Quality D �'D cE May 5, 2005 MAY - 6 2005 WATER QUALITY SECTION Subject: Receipt of permit renewal application NPDES Permit NCO085031 Conoco Convenience Store', Transylvania County The NPDES Unit received your permit renewal application on May 4, 2005. We need one additional item in order to process your permit renewal: ♦ Solids handling and disposal. How often are solids (sludge) removed from your facility? How are solids disposed after removal? A member of the NPDES Unit will review your application. That staff member will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 3045 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 363. Sincerely, Carolyn Bryant Point Source Branch cc: CENTRAL FILES _ 6Asheville<<itc�gional=Office-/-Watei Quality Section NPDES Unit No a hCarolina QtlllYl�t'{� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 \ i APPLICATION FOR PERMIT RENEWAL- ,*RT FORM D by privately=owned dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.ne.us/NPDES/ North Carolina NPDES Permit Number I NC00 Please print or type I. Contact Information: Facility Name Owner Name Street Address amity State / Zip Code Telephone Number Fax Number e-mail Address Operator Name Street Address City State / Zip Code County Telephone Number 2. Location of facility producing discharge: Check here if same -as above ❑ Facility Name (If different from above) /4%_ Street Address or State Road City --� State / Zip Code County _ 3. Reason for application: Expansion/Modification * Existing Unpermitted Discharge Renewal New Facility * Provide a description of the expansion/modification: Page 1 of 3 WWI iii�I W-2 ....�vr:•.,nnnw.v,F•-_.._.._.....aa.,,arw.*a'n«r+t�yfi` .1P�i nn a 2GG5 INi UE-HR -WATER QUALITY POINT SOURCE BRANCH 9_.r�..P.�^I-Y:1C7�IKRui:sit1.:.�..•.:::.ivT+Y��.71 U11 ���./�%L �a.f �..u.0 .. ,'MM'l�,C. NPDES APPLIWION FOR PERMIT RENEWAL- $'HORT FOR1V To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD 4. Description of the existing treatment facilities (list all installed components with capacities): - 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Number of Employees Commercial Number of Employees ' Residential Number of Homes School Number of Students/Staff Other Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): r r 6J- u, S rG � 7 7/.(i 7�JT.0 �r�itii�s,e�eaNQ�S 2Cc Clc:.... .:. y 6. List all. permits, construction approvals and/or applications (check all that apply): Type Permit Number 1Te Permit Number RCRA Non -Attainment UIC Ocean Dumping NPDES R/C Dredge/Fill Permits PSD Other NESHAPS 7. Number of separate wastewater discharge pipes (wastewater outfalls): 8. If the facility has multiple discharge`outfalls, record the source(s) of wastewater for each outfall: 9. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): i •. r 6/ Page 2 of 3 Version 12102 1- \ APPLICATION FOR PERAUT RENEW ORT FORM D i by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) a� &ALLO LCLI, ty located on Native American lands? (clzec one) YES ❑ NO _ . _. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Signature Signed Noiti-Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that,Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 3 of 3 Version 12102 • Michael F. Easley, Governor c William G. Ross Jr., Secretary North Carolina D%mbxnt of Enviromnent and Natural Resources Alan W. K:limek, P.E. Director Division of Water Qualify �- May 5, 2005 J . Roger Petit 1 Petit Conoco Convenience Store 2100 Old Rosman Hwy. B$revard, North Carolina 28712 Subject: Receipt of permit renewal application NPDES Permit NCO085031 Conoco Convenience Store Transylvania County Dear Mr. Petit: The NPDES Unit received your permit renewal application on May 4, 2005. We need one additional item in order to process your permit renewal: ♦ Solids handling and disposal. How often are solids (sludge) removed from your facility? How are solids disposed after removal? A member of the NPDES Unit will review your application. That staff member will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30L45 days before your existing permit expires. The requirements in your existing perink will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject pemiit, please contact me at (919) 733-5083, extension 363. cc: CENTRAL FILES �heville Regional Office/Wa_ter ;Quality Section NPDES Unit Sincerely, Carolyn Bryant Point Source Branch QRC EVE MAY 12 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE c XhCarolina tlllYl���/ North Carolina Division of Water Quality 1617 Mail Service Corder Raleigh, NC 27699-1617 Phone (919) 733-7015 Custoutcr Service Intemet: h2o.enr.state.nc.us 512 N. Salisbury St. Rateigb, NC 27604 FAX (919) 733-2496 1-877-623-6749 APPLICATION FOR PERMIT RENEWAL- ART FORM D by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.ne.us/NPDES/ North Carolina NPDES Permit Number I NC00 Z'5-eq3 Please print or type 1. Contact Information: Facility Name Owner Name Street Address City State / Zip Code Telephone Number Fax Number e-mail Address Operator Name Street Address City State / Zip Code County Telephone Number 2. Location of facility producing discharge: Check here if same as above ❑ Facility Name (If different from above) Street Address or State Road City --� State /Zip Code County 3. Reason for application: „ Expansion/Modification * Existing Unpermitted Discharge Renewal New Facility=. * Provide a description of the expansion/modification: M nn M AY 4 2005 UERR - WATER QUALITY POINT SOURCE BRANCH Page 1 of 3=.:r x y:�::....vud�rloi~i02 .•..w:;:.: ti State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director J. ROGER PETIT Route 2, Box 415 y� BREVARD, NC 28712 U Dear Permittee: KM e;� 11 • ?WA A4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January`y 7, 2000 JAIL lect, Renewal of NPDES Permit NCO085031 Conoco Convenience Store TRANSYLVANIA County . The subject permit expires on August 31, 2000. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. i To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March.4, 2000. Failure to request renewal of the permit by this date will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2000 (or if continuation of the permit is desired), the current permit must be renewed. Operation of wastewater treatment works or continuation of discharge after August 31, 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. ,You may also contact the Asheville Regional Office at (828) 251-6208 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Asheville RP�ionai Office �Vra er Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT US ON THE INTERNET@ http://h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net NPDES Permit NCO085031 TRANSYLVANIA County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative. ❑ A narrative description of the sludge management plan `for the facility. Describe how sludge (or other solids) generated during wastewater,' treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of March 4, 2000, submit the application package without the PPA. Submit the PPA as soon as possible after March 4, 2000. The above requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water (,duality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. J. Roger Petit 2100 Old Rosman High�vay Brevard, North Carolina 28712 Dear Mr. Petit: lkf?W,A IT 0 A&4 a ,-NCDE R —-_ -NORTH CAROLINA DEPARTMENT OF _ ENVIRONMENT AND�NATURAL RESOURCES November 3, 2000 NOV 7 2000 Subject: Issuance of NPDES Permit NCO085031 Conoco Convenience Store WWTP Transylvania County Division personnel have reviewed and approved your application for 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 i\Iemorandum of Ac reement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in thistermit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty, days following your 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. 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 Charles Weaver at telephone number (919) 733-5083, extension 511. cc: Centra e_s Ashet71 Qional ©£fiE� ter • ualitg Section; NPDES Unit Point Source Compliance Enforcement Unit 4 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal opportunity Affirmative Action Employer Sincerely, Original Signed By ®avid A. Goodrich Kerr T. Stevens Telephone (919) 733-5083 FAX (919) 733-0719 VISIT US ON THE INTERNET Q http://h2o.enr.state.nc.us/NPDES Permit NCO085031 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, J. Roger Petit is hereby authorized to discharge wastewater from a facility located at the Conoco Convenience Store WWTP 2100 Old Rosman Highway north of Rosman Transylvania County to receiving waters designated as Morgan Mill Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and N hereof. This permit shall become effective December 1, 2000. This permit and authorization to discharge shall expire at midnight on September 30, 2005. Signed this day November 3, 2000. Original Signed By Qavid A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO SUPPLEMENT TO PERMIT COVER SHEET J. Roger Petit is hereby authorized to: 1. After receiving an Authorization to Construct from the Division, construct and operate a 0.01 MGD wastewater treatment system. This facility will be located north of Rosman at the Conoco Convenience Store WWTP (2100 Old Rosman Highway) in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Morgan Mill Creek, classified B-Trout waters in the French Broad River Basin. A ij •� . C ' Conoco Convenience Store - �� ' NCO085031 „ Rosman Quadrangle - G7NE Discharge to Morgan Mill Creek a ork - r6veyard v���`�' ,1J// I v ,�� '��� ,>^o� •0 .%'� .�' I l�l l ,�I illy i /_ ° , ' 1J •J �\,j —,� 1 I/' �� ✓- QY r S�A7,E�RISON' •'j �1/j _ _ _ 10 .,,_CAMP ` •�, C31\�B7t _ V `w �--� '1' _ •l• i\ �=-- I i ! 1 `'�_ 'SJ t�,; -- - �1 Cam' '�.. \�J � _. ��r`° `a��„f :' . ��;,• l,.' e � V � � , . `�r . \�� �''° •rI 4,.-'--\��''Er•--� `•� !\'• •��,��,1�.� � \mot•/It I latitude: 35° 10' 08" Longitude: 82°48' 33" Quad # G7NE Stream Class: B-Trout Subbasin: 40301 Receiving Stream: Morgan Mill Creek NCO085031 Conoco Convenience Store Facility Location North 71 SCALE 1 :24000 Permit NC00 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FI11 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permitt, specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Locationl Flow 0.01 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Dissolved Oxygen2 Weekly Grab Effluent Dissolved Oxygen2 2/Month Grab Upstream & Downstream Fecal Coliform ( eometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Total Residual Chlorine 28 Ng/L 2/Week Grab Effluent Temperature (°C) Daily Grab Effluent Temperature (°C) 2/Month Grab Upstream & Downstream Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent MBAS Weekly Grab Effluent pH3 Weekly Grab Effluent Footnotes: 1. Upstream = at U.S. Highway 64 bridge. Downstream = at the Old Highway 64 bridge. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of `the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary. to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In; he latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing.Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Actor "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 ncentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria; is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria; is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum .Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value):: of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly. average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December.' Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c.. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tykes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period Df discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must ' be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part][[ Page 4 of 14 10. Calendar Day. A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,_any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 US.C.1319 and 40 CFR 122A1 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10;000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty'by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such .sections in a permit issued under section. 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during 'which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. Part H Page 5 of 14 2. Du1y 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. 3. Civil and Criminal Liability - Except as provided in permit conditions on 'Bypassing" (Part I1, C4) and "Power Failures" (Part 11, 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. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any 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. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part II Page 6 of 14 10. E2Miration 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. a. All permit applications shall be signed as follows: U.) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretarv, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c.. Certification. Any person signing a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law; that this document and all ' attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. 1 The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of.North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter BA .0202. The ORC of the facility -must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit: (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment;to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part H Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless *or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. 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. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the 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 I1, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 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 Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS I. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestrearn, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms. approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit pr in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published Pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts; and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. 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 Part II Page I I of 14 11 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f . The results of such analyses. 8. lnspection 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. IF Part II Page 12 of 14 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 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 in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR: c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenly-four Hour Reporting The permittee shall report to the central office or the appropriate regional office an noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of th e b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants Jisted by the Director in the permit to bereported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports. are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 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. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence'of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or' Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other .document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. 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. 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: 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 (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Rgguirement to Continually Evaluate Alternatives to Wastewater. Discharees The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. 500 copies of this public document were printed at a cost of $135.50 or $.27 per copy. %JIGLLG VI 1`IVI IJI VGU Will 1u Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 1-1 •• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 5/21 /99 J ROGER PETIT CONOCO CONVEN. STORE RT 2 BOX 415 BREVARD NC 28712 SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT PERMIT NUMBER NCO085031 CONOCO CONVEN. STORE TRANSYLVANIA COUNTY Dear Permittee: Payment of the required annual administering and compliance monitoring fee of $715.00 for this yea"(;has not been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under the authority of North Carolina General Statutes 143-215.3(a)(1), (1 a) and (1 b). Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k) (4), and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the enforcement authority of the Division of Water Quality. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office P.O. Box 29535 Raleigh, NC 27626-0535 If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30) days following recipt of this notice, identifying the specific issues to be contended. 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 request for hearing is made or payments received, revocation shall be final and binding. If you have any questions, please contact: Mr. Forrest Westall, Asheville Water Quality Regional Supervisor, (828) 251-6208. Sincerely, s Kerr T. Stevens cc: Supevisor, Water Quality Permits and Engineering Unit Asheville Regional Office County Health Department P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper SOC PRIORITY PROJECT: Yes No XX IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Dana Bolden DATE: August 23, 1995 NPDES STAFF REPORT AND...RECOMMENDATION COUNTY Transylvania PERMIT NUMBER NCO085031 PART I - GENERAL INFORMATION 1. Facility and Address: Conoco Convenience Store Mailing: Route 2, Box 415 Brevard, North Carolina 28712 2. Date of Investigation: June 20, 1995 • 3. Report Prepared By: Kerry S. Becker 4. Persons Contacted and Telephone Number: J. Roger Petit 704/862-3377 5. Directions to Site: The site is located adjacent to Morgan Mill Creek on Old U.S. Hwy 64 just below its intersection with U.S. Hwy 64 Bypass east of Rosman, NC 6. Discharge Point(s), List for all discharge points: Latitude: 350 10, 08" Longitude: 820 48' 33" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. 185-NE U.S.G.S. Quad Name Rosman, NC 7. Site size and expansion area consistent with application? x Yes No If No; explain: 8. Topography (relationship to flood plain included): Property is flat and located within the flood plain Page 1 Pw 9. Location of nearest dwelling: >100 ft. 10. Receiving stream or affected surface waters: Morgan Mill Creek a. Classification: B Trout b. River Basin and Subbasin No.e FrB 04-03-01 C. Describe receiving stream features and pertinent downstream uses: Morgan Mill Creek serves as habitat for the propagation and maintenance of various aquatic species and wildlife. Although the B Trout classification encompasses the entire creek, swimming activities are associated with a camp located in the upper headwaters of this stream and above this proposed discharge. Just upstream of this proposed discharge is a trout farm (60,000 lbs.) discharge permitted by DEM. A second discharge permit (domestic and restaurant waste, 0.010 MGD) for a facility located upstream of the proposed discharge and adjacent to the Morgan Mill Creek Trout Farm has been issued for Transylvania Evergreen Corp. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.010 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? N/A C. Actual treatment capacity of the current facility (current design capacity 0.010 MGD d. Date(s) and construction activities allowed by previous Authorizations,to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: f. Please provide a description of proposed wastewater treatment facilities: The proposed facility will be a 0.010 MGD extended aeration plant and effluent chlorination/ dechlorination, if required. g. Possible toxic impacts to surface waters: If disinfection is utilized, chlorine. No other toxic impacts are known. All garage cleaners and solvents are to be collected and recycled. 2. Residuals handling and utilization/disposal scheme: Sludge handling was not addressed in the application, but due to the proximity of Rosman's treatment plant and the county lined landfill; sludge will most likely be hauled by a septage hauler to the Town of Rosman's sludge handling facilities. • Page 2 • f�= I I PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. ,'y I 3. Treatment plant classification (attach completed rating sheet): C/1 a s s I I d 4. SIC Codes(s): 5541 5: Wastewater Code(s): Primary 02 Secondary Main Treatment Unit Code: 060-7 PART III - OTHER PERTINENT INFORMATION 1. Special monitoring or limitations (including. toxicity) requests: Chlorine for disinfection since this is a B stream; dechlorination due to Trout designation. Continuous flow recording should be required since flow rates and quantities may vary significantly with changes in seasonal traffic patterns. 2. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Insufficient land for treatment and buffer requirements Connection to Regional Sewer System: The Town of Rosman's collection system is approximately 1 to 2 miles away, however,.the applicant's request for extension of sewer service to his property was denied by the Town. Mr. Petit's property is located outside city limits. Subsurface: Insufficient land for expansion. A letter from the County Health Dept. denying additional flows was enclosed with the application. Other disposal options: 3. Other Special Items: 1:x ; Paige 3 Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission'. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements -� a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants, found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the -"maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It -is,, therefore; -an arithmetic.inean found by adding the weights of pollutants found -) each day of the year and then dividing this sum by the number, of days the tests were reported. This limitation is'defined as ''Annual Average'.' in Part I of the permit. Part II Page 2 of 14 6. Concentration M-.a.suremen a. The _"average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily; discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the;samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month.; This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily;discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic'mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliforin bacteria is the geometric mean of the counts for samples collected during a calendar week: This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. . c. The "maximum,daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum"under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II . Page 3 of 14 , 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,. when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration tunes its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day maybe used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in ;the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water,Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation: Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day: of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref. - Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law,' a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person maybe assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not. to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 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. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "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. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any. onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Sevembility The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereb*. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the peimittee must apply for and obtain a new permit. 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. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of 'the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned ordelegated to the manager in accordance with corporate procedures. (2) For a. partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall; be signed by a person described above or by a duly authorized representative of that person., A person is a duly authorized representative only if: 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. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, -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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS M • 610j. - e Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page S of 14 2, Proper Qperation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve''compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably. be expected to occur in the absence of a: bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit 'prior notice, if possible at least ten days before- the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. 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. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the 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. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 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 pen-nittee shall comply with all existing federal Part 11 Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgations of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power,Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Saml2ling Samples collected and measurements taken, as required herein, shall be;characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than.daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not'be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period ' The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 �M2=3 Appropriate flow measurement devices and methods consistent with'. accepted scientific practices shall be selected and used to ensure the accuracy and reliability;of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. . 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 Tamnerin The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant .to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; . e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and End 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. 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1)• 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 in the permitted facility or activity which may result in noncompliance with permit requirements. Part II . Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the - Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. ther 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. Part II Page 14 of 14 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. ,• • • r_t ,•� • 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 in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. . 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: 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 (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D: Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial. non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carol j Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Govemor onathan B. Howes, Secretary Preston Howard, Jr., P.E., Director August 10, 1995 Mr. J. Roger Petit Subject: NPDES Permit Application J. Roger Petit NPDES Permit NO. NC0085031 Route 2, Box 415 Brevard, North Carolina 28712 Conoco Convenience Store Transylvania County Dear Mr. Petit This is to acknowledge receipt of the following documents on July 3, 1995: Application Form Engineering Proposal (for proposed, control facilities)., Request for permit renewal, Application Processing Fee of $400.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other , The items checked below are needed before review can begin:' Application Form , Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) d L� Biocide Sheet ( see attached) ID Engineering Economics Alternatives Analysis, i( Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other a- P.o-Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX1919-733-2496 t An Equal Opportunity Affirmative Action Employes 50%recycled/ 10% post -consumer paper If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Dana Bolden (919/733-5083) of our Permits Unit for review. You wi e a i isecl ot any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sin erely, IA4 " oleen Sullins P.E. CC: Asheville Regional Office 3�- bMfZTftltmt OF tuVIONMENt, HEALTH -_& NATURAL' R13SOU1tC9S NATIONAL ONAL POLLUTANT 615MAR09 ELiMINAtION'SIStEm APR CAT ION APPLIW169 #60 lftfdltt; t6'bit d1hftd-SHORT FOA 1D L Mott USE : to be t i led 60 y by Wo cot j wfidloWi And re tall trade ihd dthie Iklodl-60. ieisolt VEAA OAY Do not AttOMOt 6 OtMUt reeding the aci&+tiAlhyln# l t n ei 6 print t dr typd NAMO., Addi4tki.iAd of thillity orbodUcl-14 dkthAlro A, Naiio J &-ROSE R t.ET IT, 0. Wek iddrjts,,, l?T..2 BOX41 5 E, Count TRANSYLVANIA 704 862 1377 Aria Code 2. tic 0;, Stitt Fi ttlf 28712 (Leave . Vaq1m) Aftkfitb 9 ht" t t #64 0,06P AND - tOMMtNt.) A 90101116 PL09 3. Numbtrof 0- lbyoet, FUTUPF BUILDINdS 4. Nature of busin4tt S. (a) Ched hei`6 If dischbige occurs all year p, 00 (b) Check the Whih(i) iikharge bttuftt ALL HO"TO 1 b JaMary 9 i Ij Peb Ni ry 3. tj At kh 4.a A0H I S. a May 6 d Jun't 7. Cl July di 0 moist 0. C3 Sept et 10. d ikt6bir 11 Ndvii+ 6fir 11. a Dtctoibfif W How ohny dayt''pir WOO: l.til 2.0 2=3 3 i 13 4-5. 4A 6-7 6.. iYPet Of waste water' discharged to turfkfi waters only (chock at opficable) - Flow ,'Oallnt operating day VdWiM tkteM bof6r0 di (0c6nt) 11 —.v 1. to.000 gam 6. 1;,. 7--- 30 - :-- 1 Gs- 9�. S- 49,999 or sore 29.9 64.0 94.9 100 (2) (3) (5) (7) (8) (1) (10) A. Sanit-mt-yj daily' FREStNT a V16f 400 60. - 0 C661160 water;0 daily v6phoo"1 C. Other dlseHrqe(%), PRESENT dafly av644e-, 40 o/o Specify D. Maximum per ooerat= Ing day for Combfned 1335 SEE AfTACIIED S" FT dischArge (all typts) 7. Af any of the types of waste, itified in Item 6. either treated or w treated. .are discharged to. places other, than surface waters, check below as applicable. ":Iiaste�water'ii discharged to. 0.1-999 `'IOOO=�499 5000.9999 `.. 10,000=�9.999 50.000 Or Ore (1), (2) (3) A.`HunlcIjieI Scwirr Sysieni >): Nndtr�ri�unrl well - _ C. septic- tank s U, tvaporatlon lagoon oi pond t. Other+ specify:.. ....:, . .{.. ._ ... -.- ..,:-... . B -Number-of.-separate-discha d 1htsi--------- -••- c�;.!_ can fin- __ A, III i ... B. 02-3. - C:cy 4-5 0.13 6 or afore _ t 9. Name of receiving water or waters „MORGAN MILL CREEK 10..Dbes your discharge contain or is it possible for your discharge to contain one or mode of 1e., Sol,lowing substances added aiz,!a resul tTof„your• operations •, activities,' or processes: ii"W" li, cyanide. alubfiiis c. 6ery111um, cedMium, cliro'mui"', copper, leid."me_rcury, nfckelj,-sRlenluai-,rime, phenols oil and grease, and chlorine (resld(fbl), A,tlyes B.o no' I certify that I am familiar with the Information eon iUed 46. the application. and that to the best of my knowledge and belief.suth informat1w is true, complete, and accurate: Printed Name of Person Signing C) c-t-> ru C. I2 Title Oath Appl cat�on ISlgned 5lgeature of Applicant North Carolina General Statute 143-215 6(b)(2) provides that: Any-!pergon who knowingly makes any false statement representation, or certification in any�applicatio8,,-r-ecord, report; plan, or other document files or required to be maintained under Article'h or regulations of the Environmental Management'Commission implementing tha C Article, or who falsifies, tampers with, or knowly 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 $F10-J000',1jor by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 providesntiar)punishment by a fine of not more than $16,000 or imprisonment not more than 5 years, or both, for a similar offense.) 15 NCAc.N.0I00 REQUIREMENTS Lion D5 (1) Sed le'tt& attached indicating Transyylvahia Health dept. Refusal to grant any fuethor gravityy sanitary dispdsal systow to' property . Ar gent wastej brigihytype and fltlW freni following Gpd A00...SHON I employees x 25 gpd L 175 "11h pres`wo wash imide shop j 3 x 15 Gal, _ 45 (A1 solvents and car fluids are recycled) COMMEftd AL,8UILbINOt StOt-O-Ahd Service Statioht service stations 2 WC x 20 '* 500 9006 4Gx5o Sq► Pt. x 12a 240 1000. tan thdo 3 x 25 Gpd r 75 Vided.Ww 2 x 25 u 50 beauty ;sh6" "I bbwl k 125 125 'plwsx294. 125 present total Gpb= 1335 (2) plans herewith of tertiary package treatment plant and sanitary system. (J) Tertiary type steel treatmdtit. plant ih No sections, actuatioh compartment settling basin, sludge holding chamber, chlorination ch Ober.and flow evaluatieh chamber, Included shall bo ai'.diffusoris;',air lift returi; sludgo lines, air lift skimmers,` effluent WOO trough positive dis0166e06ht blowdrs, motors; cohtrolj hougingsi electrical pahels, ihterrial piping, and necessary 600 0- meht, (4) Attached topo map showing location; (5) Map of area attached; (5) N,At (1) Satisfactory operation of gravity sygtems by Transylvania Health beet. (1) Not 10nod by Cduntyt Letter attathodt • Terry L. Pierce, M.P.H. Health Director Transylvania Count} HoAh Department June M, 1995 Mr. Roger Petit P. O, Box 217 Rosman, NC. 28772 Dear Mr. Petit: John R. Folger. Jr., M.D. Clinician This letter is in reference to your request for expansion of the septic system'which currently serves the Conoco eonvenience store located on the Rosman Highway, Rosman, NC. A review of the certificate of completion that was issued on March 15, 1991, indicates that the system was limited to 200 gallons per day. Iit addition, special conditions requiring the installation of extreme water conserving fixtures were placed on the permit. The certificate of completion and soil data associated with the permit indicates that the system cannot be expanded beyond its current capacity and remain in compliance with The Laws and Rules.for Sewage..Treatment and Disposal Systems. Please be advised that N.C. Oeneral Statute 130A-24 gives you the right to an informal review by the N. C. Department of Environment, Health and Natural Resources. Please advise me if you wish this review to be performed. If you have any questions, I can be reached at 884-3135 Monday through Friday. Sincerely, L. Layton Lon A.S: Y g� Environmental Health Supervisor LL/dd Community Services Building 0 Brevard, North Carolina 8712 0 Phone (704) 884-3135 a FAX (704) 884-3140 �n --' ' Y 00 _ •_• o t \11't �✓��� ...ice �'4J� iJ C�"'�.." /�; _r—- -'7-"r_Ir'-a -•^- I r I ��\- ' - _ __ � v ° •\ :1 •� C� y '/ ��._ Zce'� � — __,os,i(.'� � �� ��V r"V '\1 `��I � C *ANNIy�� co `/ "' � * � , •gym :,,' �.� ;> �+q _ ic Ali '`� �� �Je,z,+ite l i. __ ..� .D+. 'I � ate\ •\ ",•i �b,� �J ....'• _ _ fir_ - /'. _- �A.. v:l' U — - 1 �+•li _imi `�� ��. • s ---� c\�;'� 1(. `' �,Q ,��..; 32/O� ---- \ du7 _—__�` vim. -� �"tiL1 Y� - 2_ i� r..� 9/:/.\�\\�` ��L %`�L �1 = 1�`�;.�1F'�, . ^vt�9 �.,'. -r� •'w"/+�� + I `\ it \ ef71! i''a' i.:d \ ;r yr IlD7.+ � .3731• v v �}•%' � TlltdbkkAL�.9�1,ASS .:�. , `y. V r PISAll `. Ay rr+8 Q A" Fbl♦�i roD. I.e PIMbs nro7e /� � a � FUfl9NAllfSllllAlb1A14 �if41fV RNtA , :: � N � , f fNUf Mfn. 9 �y �' '4cf+ tMAI AoeR fAtll ;i': 0 1 Ert !! � !n` 1JJ? TT 1fb- lfTt�o Q� a1Q' ROM /f ' a �NY �'{ ' �. •� T !�-• � \ IlJZ .'gam _T Y/ E q pi a lil2•n i o 7 1337 f fl�nrerinl 1f�� !! — Aollt fi`dFMrY ' t tt1AEf IbIHc! Alin. • ii '1370 014Ila 1f72 # 4 .194! h fAd IIj! t w 1.•txr: )JJL y ) + r J1.4G r74t �� s� 7; Lo fey •e �s1• - lA �� ',, , •..DIXtt� v _ 7 PALI $1 iifr_ , J!M ttiNNFS1t� j V .e ale► yff_ al !! f ! G3 lj V� ltos 'Lj, 111E :• � �A ../ Ry Il± jiltJA"t. . Cdrlun t.A54 r -t .3Q. LITTCadit -ar r Alrnnlein 7 y t)1) 1)11 !p i' ,el, .11�! MN llf 3, )� ' ,y lit � 1A a It r!. x .eker i uA! 117 r d !l4L / 4� Ilia! � • �l {I . � f • � � 'r� r Q _-1 tlt/.iAVX a Q N OF OVRTY i � S�A�_� ; �,,_>n���cx• 2. Mi LDS ll Nor ' t1 A PLANNING DEPARTMENT (704) 8843205 June 21; 1995 *NIA C0& m z r es 1861 Transylvania County 28 East Main Street Brevard, NC 28712 TO WHOM IT MAY CONCERNI : There is no zoning in Transylvania County. Sincerely, S.:Z� Mark R. Burrows Planning Director MRBAs PLANNING DIRECTOR Mark R. Burrows i State of North Carolina Department of Environment, n Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 22, 1996 Mr. J. Roger Petit J. Roger Petit Route 2, Box 415 Brevard, North Carolina 28712 Dear Mr. Petit: �EHNR Subject: NPDES Permit Issuance; Permit No. NC0085031: Conoco Convenience Store Transylvania County In accordance with the application for a discharge permit received on July 3 1995, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take note that this permit is not transferable. Part H, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Paul B. Clark at telephone number (919)733-5083, extension 580. Sincerely, &i0nal Sig nad BY David A. Goodrich A. Preston Howard, Jr., P.E. cc: Central Files s' `onalO05W-e e Q ttrYsWMf Mr. Roosevelt- Childress, EPA Permits and Engineering Unit Facility Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0085031. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, J. Roger Petit is hereby authorized to discharge wastewater from a facility located at Conoco Convenience Store at the intersection of Highway 64 and Old Highway 64 near Rosman Transylvania County to receiving waters designated as Morgan Mill Creek in the French Broad 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 April 1, 1996. This permit and the authorization to discharge shall expire at midnight on August 31, 2000. Signed this day February 22, 1996. ori"g nal Signed Ry David A. G000`tich A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET J. Roger Petit Convenience Store is hereby authorized to: Permit No. NC0085031 1. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.01 MGD wastewater treatment facility consisting of extended aeration, chlorination, and dechlorination located at Conoco Convenience Store at the intersection of Highway 64 and Old Highway 64 near Rosman, Transylvania County (See Part III of this permit), and 2. Discharge from said treatment works at the location specified on the attached map into Morgan Mill Creek which is classified Class B-Trout in the French Broad River Basin. I C ;Pt- KENTUCKY VA. -TENNESS . E E 1 0 — -, Conoco Convenience Store —2200 0-NC0085031(�Rosman Quadrangle - G7NE Discharge to Morgan Mill Creek a i M yard L D,i ve. hate! i. fN 123 2j6o ly/ O\ OrItLh r A & \V 0 —\J f Le — ----- JW L a er 21 211,16, It C� N GA GING < --7 �j R6 S C' L E 1 24000 ]OCR MILC fj 0 20(y 3000 4000 5000 6000 70nn rr A. O. EFFLI- T LIMITATIONS AND MONITORING REQUIREMENT FINAL Permit No. NCO085031 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Flow BOD, 5-Day, 20°C NH3 as N Total Suspended Solids Dissolved Oxygen 2 Dissolved Oxygen 2 Fecal Coliform (geometric mean) Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Temperature Conductivity Oil and Grease MBAS Discharge Limitations Monthly Avg. Weekly Avg. Daily Max. 0.01 MGD 30.0 mg/I 45.0 mg/1 30.0 mg/1 45.0 mg/1 200/100 ml 400/100 ml 0.028 mg/1 30.0 mg/I 60.0 mg/I Monitoring Requirements Measurement Sample Sample Frequency Type Location 1 Continuous Recording I or E Weekly Composite E 2/month Composite E Weekly Composite E Weekly Grab E 2/month Grab U, D Weekly Grab E 2/month Grab U, D 2/week Grab E Daily Grab E 2/month Grab U, D 2/month Grab U, D Weekly Grab E Weekly Grab E Footnotes: 1 Sample locations: E - Effluent, I - Influent, U- Upstream at Highway 64 bridge, D - Downstream at the Old Highway 64 bridge. 2 The daily average dissolved oxygen concentration shall not be less than 6.0 mg/l. e pH shall not be less than-6.0 standard units nor greater than 9.6stai dard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EM Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an- arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of .the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It.is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected -during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during . a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the. concentrations of all daily discharges sampled and/or.measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for.; the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through -September, and October- through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tvnes of Samples a. Composite Sample: A composite sample. shall consist of: (1)'a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between ' samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24. hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab, sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculalion of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating. the geometric mean, values of zero (0) shall be considered to be one (1). Part 11 Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit. renewal. application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day .for each violation. Any person. who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to,$50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to actin accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed nov to exceed $25,000. Part II Page 5 of 14 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. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "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. 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,orregulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any 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. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 0 • T.v.ReaT)Dlv 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. 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. Si ng at= Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a. partnership or sole proprietorship: by a 'general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either aprincipal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of awell 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. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section • shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying, the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the. facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. ,SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1 Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. - The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty so days after the wastewater treatment'facilities are 50%.complete. Part II Page 8 of 14 • 2. Proper Qperation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve; compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. . The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and'd. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as :the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. 11Rsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b.. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. 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. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the 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 H, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 11, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or N 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 Part 11 Page 10 of 14 • regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention 'of inadequately treated effluent. 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All -samples shall be taken at the monitoring points specified in . this permit and, unless otherwise specified, before the effluent joins or is�diluted by any other wastestream, body of water, or substance. Monitoring points shall not; be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Uwal:�3 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability, of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part H Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. • _N Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. 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 Tamgcring 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report .or application. This period may be extended by request of the Director at any time. 7. Recor ing_Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. r Part II Page 12 of 14 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. SECTION E. REPORTING REQUIREMENTS 1. age in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1)• 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 in the permitted facility or activity which may result in noncompliance with permit requirements. 0 Part II Page 13 of 14 4. Transfers • This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Rel2orting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. F. 6. of this Permit. Pant II Page 14 of 14 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. ' \• $"I Mr- t,•. • 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 in letter form within 5 days following first knowledge of the occurrence. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who. knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. be PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: 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 (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred. micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit- application. D. Re uirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. • PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate.action to revoke the permit. r] 1:1 State of North Carolina .77-ic.c Department of Environment and Natural Resources Division of Water Quality James B. Hunt, A., Governor Bill Holman, Secretary q 11 c_4 P.Aqt Kerr T. Stevens, Director ROGER PETIT Route 15 B 29!ft-2 vo Dear Permittee: January 7, 2000 :NCDEN�R NORTH CAROUNA DEPARTMENT .OF ENVIRONMENT ANo NATURAL. RESOURCES Subject: Renewal of NPDES Permit NCO085031 Conoco Convenience Store TRANSYLVANIA County The subject permit expires on. August 31, 2000. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement. your renewal package must be sent to the Division postmarked no later than March.4. 2000. Failure to request renewal of the permit by this date will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2000 (or if continuation of the permit is desired), the current'permit must be renewed. Operation of wastewater treatment works or continuation of discharge after August 31, 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the Asheville Regional Office at (828) 251-5208 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Asheville _Regional Office. Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (tax) 919 733-0719 VISITUSONTHEINrsr;NET@httpJ/h2o.enr.state.nc.us/NPDES Charles. Weaver9ncmail.net 1)4/U4/U0 14;4V tA.& t3i550400OZ viAUINIU MLA wavvu Sludge Management Plan Sludge generated at the eacc 0 D V VU!,&A;CE Company WWTP facility is pumped and hauled to a Class IV WWTP facMty in Henderson County for additional treatment and final disposal. 04/04/00 14:29 FAX 8288848632 )NNENTA 2003 FIRIN a PGTITS—PRINT & BODY PHOhF= ND. 70" dt62 Felti. 17 2000 08:19AM P2 DMIDES 1PEMWT APPLICATLO14 - SHORT FORM C-CW To be Aled by persons ertga g�d in pouridwater rerredistioin pro_ec'C.s S. NuMber of sepa rate d[S hargE points.-_ _ Q 1V E MCME1. 3f III& fsariliihy hoc "rmra&& dfrA!kmnpab points t;eubFWje;, insd&wd a a rsctmn-M C Ao..y. w� or flow at the facility. 9. Name of recelving water(sk�, orr o�v /�9•/� C.1LbE�/tCr o A U593100%tWiC91 map (or copy of the relevant portion) which shows all au ftstis m A spurt of-attc-anti4vas io surface wEftr dbthara as oohied btr the plvlsAn's "Gtrtda:zce for Evatua*ien of b QUIpwater AROnFalW (royuinsd Dy 1 aA NCAC 21.0105 (c)) in A aummary of the mast recent anaWcal r miffs innWri ft ft Maximum values for each cisa?niml detected 0 Ri r. A list of any chtMia�b found fn datootable am4urt12 atfhe a m. with the maximum observed wncer7 3flon reported for each chenical iihe most recant sample must be t nllt34f9d lasses one year prior to W date of We application) A sty of arialg+fical results aonraYog tt`a ma) mwn �dLzae for oarb chetnleal detected The removal effWar cy of each compotuttf dat+3etad #r latown) For leis{ ramw-4iaAian_atai : enalYsss far volafila argarue wm (V4C.s� Cttouk3 b& p�3rfo[f:te A.t31y9afi fo,� onx fast additives, lidu�ly tb bs pr am ak �f�e ails eheulBAlae be performed. k minimum, am"aa should bo pwfimmed for the falbwiA.1 "aurd&: benzene' toluene' etiipbenzene xvio a lead methyl girt-btaytelhar ( TM3 cribromoeflt ne (ED8) 1,2""biroetttane • Isopg3s s effier napltialeno "MI (Tat EPA-epprovad method mpabie of detedon levels to 1 ppb SYMId be fled to dated these compowds). For school, er iiiReddgratacis, an EPA Mothod 6WBW andW Mould be performed, The dattasubili tWd with #tip ap;&afim should include fhe tan iargW pmlw not idenfikd as tatBated compan :fs and not present In the pro*e&ral btenk. These peaks ehouid be id$mtl§W and ap =Arrtately quanMated (,as per 1hs same r rs found on the NO DRIRlDWQ Aarisal Abffsthhqt.anWya& ;fQatx�#hg �AA+t�}�QuirodtMP-aq FarmA}, It „prZaggadss are susp®cted %-h present ibese campourab ahould be anal z9d to the same deh�dinn levO as aresmted In the NC APAM. E certify Chet a aim famiUnr with the Inflorrhhil don ca nftBnecl in the ape Weldon and th rt to the best of my krtenmledge and belief such linfbrnsadon Is O'ue, eamplobk and acm rate. name of Peman Title W tlarttt Caoiiris G9e5anal 5181 ds 14tin-215.� (bjl2} pmvldes that Any pm=vft knim nply ntakeu any falas WAterrmnl raptewutfon. at crnfiiratlan in $MY appr"!11, f g6A °mport: plan, ar exlsw doaurnSAt Wa cr raWimd to i e rrlatnt2kiad anderArtkre 21 crregL&ftns aF the Environmerrd Management %p' mm�smors er pfers5efffisa� tNiaiAK&:16, a uhWfolsiilaa, tampers will:. any rr oraing or rnonitorirrg,devica ormeth;;d regjAred ha li�s4tai6rhak%cl under Ai tb'A3i or regulaiibt&aft 2w[roMmental Mara lac nrmnr Commisniort imeleffmftrujing Article, shall he guipy al a a r ntfr prmkshehle by a rx,a not m aRowr! S1b,00d. or by imprisonment Matto exceed six raanths 0r hV both. (19 U1.C. Stsotivn 1091 prsvidea a punl,-Nment by a i:ne of net mono d-w $10.OW o! irnimmnmart for not more Than 5 years. or bath, fnr a sirmRar OtfAnSg.) short Fern GGW Vermin R-e9 02/17/00 09:18 TK/RX N0.34133 P.002 E 04/04/00 14:29 FAX 8 M848632 FROM PETIi5-PAINT & BODY iRUNM A A PHIWeW4 355? 191UU4 Feb. 17 2000 06:20AM P3 NPDES PERIlfII.T APPLICATION - eaORT POPM C-GW lb be filed by- persDns ertf age3 in groundwater rem+edlation projects K. C. Department of Fnviroament and Natural xesourcrs� o �' 101vislorfl of Dater Onnuty 11vPDW Unit o 1617 yidaii aelv'iCt C*Uter. PU delgh, INIG • 274599-1617 PLIMES Pm-m3t NCO is _ 6 I Q 1. Appircant and utility produdng drrge ' A. Name C a d 9 O E-; CF .S L M Mail v eddrim of applicant 1. Street addrfts 7-6e3 61 bsmaw r 2. M--13- j_Lya it 3. County7-m uslil; Gt 4. State A 1. (. S. 7Jp Cod Tcfq*one Num6er (7� $) 962 " 23,77 a -mall addm a• G Location of Md1 s 1. fteec A 16 6 ka=19 L Z. a 3. County 4. State W, C . S. Zip Clyde Telephone Number g&,� °' 3-7 ?7 Fax Number (ga g } I Standard Industrial Clawification (SIC) code(s) (rT known)i 3. This apprication is for a: [] New Perms K Permit it-c e 0 Permit ModiScation 4. Prcduct(s) rqm 2rgd (drrde all that aPPM): Gasoline Of"W fuel Ucaveribs other (describe) f t/� W —Sr S. (a) Cheek here W 41154haryc occurs all year', or (b} lY'ircie +lf�e riioritfi(s) in which cSischarge deiwmr. January FebruW March ApnI May lime Litsr AngiiFt-gMtemhFr t'lctnt>Qr Move-nher r3ArmnhP..r (c) Doke W wftk elfthlarge 60CUP9' R IrE 1V 6. Volume of wastewaW discharged la receiving strearri(n): IO K GPEPI *Uailona per cpe-Ung clay 7. Check here if was-ewatmr is discharged direly to the ,eceiving :.;tieam(s) If mt, State the opacific d=harge lo.atlon: --- --- Mark ft path takan by the tN2rstewOW M the nax streams) on the spa enap. rf a storm semw Is the only viable me3as of crr96arge, irate the mule of the ftrM sewer W i!s dischaMe PdrIKS). ` r4n Form GGW 02/17/00. 0.9:16. TX/RX,NO.3463 P.003 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. J. Roger Petit 2100 Old Rosman Highway Brevard, North Carolina 28712 Dear Mr. Petit: WPM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 17, 2000 MAY 3 1 j 2000 Subject: NPDES Permit R ewJ,� kl&Sralom Permit NC0085031 MAW OFFICE Conoco Convenience Store Transylvania County NPDES Unit personnel received your permit renewal application on April 17, 2000. Thank you for submitting this package. The permit renewal for this facility will be assigned to a member of the NPDES Unit staff. That staff member will contact you if further information is needed to complete the permit renewal. The NPDES Unit has been working with at least 3 (and as many as 5) vacant positions since October 1998. This staff shortage is delaying all of our permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes that govern our program. If this staff shortage delays reissuance of NC0085031, the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 511. cc: Asheville Regional Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 VISIT Us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Sincerely, Charles H. Weaver, Jr. NPDES Unit 919 733-5083, extension 511 (fax) 919 733-0719 Charies.Weaver@ncmail.net