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NC0034860_Regional Office Historical File Pre 2018 (11)
Q� WArF9 Michael F. Easley Q Governor Vj William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural -Resources 0 T Alan W. Klimek, Director DIVISION OF WATER QUALITY Derision of Water Quality October 4, 2002 Mr. Gary Elder, Plant Engineer Schneider Mills, Inc. P:O._Box 519 Taylorsville, .North Carolina 28681 Subject: NPDES Permit No. NCO034860 SChneider Mills WWTP Alexander County, NC. Dear Mr. Elder: Our records indicate that NPDES Permit No. NCO034860 was issued on September 25, 2002 for the discharge of wastewater to the surface waters of the State from.:your facility. The purpose of this letter'is to advise you of the importance of the Permit and the liabilities.in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Pages 4 and 5. Pages 4 and 5 set forth the .effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must -initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, :please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1.), plus instructions for completing the form. It is -imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administeringand compliance monitoring fee:may be required for your facility. You will soon be receiving a statement from our -Raleigh- Office. It is imperative :that the -fee -be paid in atimely manner so as to prevent enforcement :action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities .and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater 'treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. ASIA7 NCDEIt Customer Service 1 800 623-7748 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 6hk Mr. Gary'Elder October 4, 2002 Page No. 2 Failure to complywith the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to .Section 143-215.6 ofthe North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find°at'any time thatyou are unable to.comply with the -terms and conditions of the.Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final.note, an NPDES Permit -is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests.must be submitted to this Agency no later than 180 days prior.to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES .Permits are not automatically transferable. If you, as the Pernuttee, cease to need this Permit, then you should request that the Division of Water Quality rescind the. Permit, or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. incerely, -L6�v- Ea�c D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure AT �RQG o -c Gary D. Elder, Plant Engineer Schneider Mills, Inc. P.O. Box 519 Taylorsville, North Carolina 28681 Dear Mr. Elder: INOMichael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director D1visi61Ca,,,Wa�eri A^.fra September 25, 2002 E. OCT 0 4 2002 Subject: FINAL NPDES Permit NC003'60 ku �E Schneider Mills WWTP Alexander County The Division of Water Quality (the Division) and the Environmental Protection Agency (EPA, Region 4) have reviewed your firm's request to renew the subject NPDES Permit (April 14, 2000), and also the additional data you provided as an application supplement (received June 11, 2002). Based on this review, the Division approves your request and hereby transmits your final permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please notice that the Division has resorted the table under Effluent Limitations and Monitoring Requirements by "Sample Location" to facilitate operator use. Based on plant performance, receiving stream conditions and applicable regulations, the final permit incorporates the following changes: Reinstated: Instream monitoring for conductivity was erroneously deleted from the draft permit. Please note that instream conductivity monitoring is required for all industrial discharges and has therefore been reinstated in this final permit. Additions: Monitoring for sulfide, phenols and total chromium has been added to this permit. These parameters ar& required by Federal guidelines for woven fabric finishing [40CFR 410.42 (a)], and ;were inadvertently omitted in previous permits. The monitoring frequency shall be 2/Month, consistent with requirements for Class H WWTP facilities. Deletions: Based on data review, instream sampling for BOD; will no longer be required. The Division conducted EPA -mandated Reasonable Potential Analyses (RPAs) on effluent metals and toxicants to evaluate their "reasonable potential" to exceed receiving -stream Water Quality Standards. Because the relevant RPAs indicated "no reasonable potential" to exceed allowable levels, cadmium, lead, mercury and zinc have been deleted from the permit. In contrast to the above metals, the data review indicated a "reasonable potential" for silver (based on 12 data points), therefore monitoring of this parameter shall continue. However, if silver is not detected after one year from the permit effective date (4 additional data points), the Division will consider the permittee's request to discontinue quarterly silver monitoring. ©� , NCDENR za j N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Schneider Mills, Inc. Final NPDES Permit NCO034860 Page 2 Ammonia (NH3 as N) — As a permit Special Condition, the Division may re -open this permit to require Daily Maximum limits for ammonia. After calculating allowable concentrations, the Division may perform an analysis of past ammonia data to determine if there is reasonable potential for this discharge to exceed these potential limits. If there is, this permit may be re -opened. If there is not, the permit will not be re -opened, but will be modified to include Daily Maximum limits for ammonia upon renewal. Concerning the Downstream Sampling Point — The Division understands that Schneider Mills currently collects downstream samples near the bridge at NC Highway 16, contrary to the downstream location identified in the existing permit. Division records indicate that the downstream sampling point was relocated in 1988 from NC Highway 27 to a new point approximately 0.9 miles downstream (near NCSR 1313), a location predicted by stream modeling as the likely dissolved oxygen (DO) "sag point." The Division therefore requires that Schneider Mills begin downstream sampling at or near (depending on access) NCSR 1313 as described in the previous and this renewed NPDES Permit. Finally, the Division noted some irregularities and absences in quarterly metals sampling and reporting. Please arrange your monitoring schedule such that all future metals sampling shall coincide with Whole Effluent Toxicity (WET) testing, with sampling and analysis to be performed concurrently during the months of March, June, September and December. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing upon written request within thirty (30) days after receiving this letter. Your request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. Please notice that this permit is not transferable except after notifying the Division of Water Quality. The Division may require modification, or revocation and re -issuance of this permit. This permit does not affect the legal requirements to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or other Federal or local governments. If you have questions, or if we can be of further service, please contact Joe Corporon at (919) 733-5083, extension 597 or via e-mail: joe.comoron@ncmail.net. or ginalysigned By Da%Ad A. Goodrich Alan W, Klimek, P.E. cc: Central Files NPDES Unit Files _es ll R g naLOffice Water_Quality-Section_ Technical Assistance and Certification Unit Aquatic Toxicology Unit EPA Region IV jPF Permit NC0034860 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 c NP( DES) 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, Schneider Mills, Inc. is hereby authorized to discharge wastewater from a facility located at Schneider Mills NC Highway 16 North Alexander County to receiving waters designated as Muddy Fork Creek within the Catawba River Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV hereof. This permit shall become effective November 1, 2002. This permit and authorization to discharge shall expire at midnight on July 31, 2005. Signed this day September 25, 2002. ovional Signed BY ®aid A. Goodrich Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO034860 SUPPLEMENT TO PERMIT COVER SHEET Schneider Mills, Inc. is hereby authorized to: 1. Continue discharging 0.780 MGD of treated process -contact and domestic wastewater via outfa11001 from a treatment facility with the following components: • Bar screen • Instrumented flow metering device • Aeration basin with two mechanical aerators • Clarifier • Sludge return pumps • Aerobic digester • Cascade aeration and • Sludge drying beds 2. Continue discharging non -contact wastewater from two (2) settling ponds connected in series via outfall 002 (flow not limited). The discharge consists of: • Air conditioning condensate • Water treatment plant (WTP) filter backwash • Boiler blowdown v-- • Stormwater runoff This facility is located at Schneider Mills. Inc. off NC Highway 16 North in Alexander County. 3. Discharge from said wastewater treatment works through Outfall 001 and Outfall 002 to Muddy Fork Creek (see attached map), classified C waters within the Catawba River Basin. Schneider Mills, Inc. State Grid/()uad: D 14 NW / Taylorsville, NC Latitude: 35' 56' 13" N Longitude: 81' 1 P 28" W Permitted Flow: 0.780 MGD Receiving Stream: Muddy Fork Creek Drainage Basin: Catawba River Basin Stream Class: C Sub -Basin: 03-08-32 IV A. /A r rI ass b", _A Facility Location not to scale North NPDES Permit No. NCO0341111 Catawba County Permit NCO03486 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001) During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated wastewater through- Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: PARAMETERS EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Locations Flow 0.780 MGD Continuous Recording Influent or Effluent BOD, 5 day, 20°C 35.4 mg/L 230pounds/day 68.4 mg/L 445pounds/day Weekly Composite Effluent Total Suspended Solids (TSS) 125pounds/day 275pounds/day Weekly Composite Effluent COD 685pounds/day 1,065pounds/day Weekly Composite Effluent NH3 as N (April 1 through October 31) 2 1.9 mg/L Weekly Composite Effluent NH3 as N (November 1 through March 31) 2 4.7 mg/L Weekly Composite Effluent Dissolved Oxygen3 Weekly Grab Effluent Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity4 Quarterly Composite Effluent Temperature (°C) Weekly Grab Effluent H5 Weekly Grab Effluent Sulfide 5.1pounds/day 17pounds/day 2/Month Composite Effluent Phenols 2.5pounds/day 8.5pounds/day 2/Month Composite Effluent Total Chromium 109 µ /L 1022 µ /L 2/Month Composite Effluent Silver Quarterly Composite Effluent Conductivity Weekly Grab Upstream & Downstream Temperature, °C Weekly Grab Upstream & Downstream Dissolved Oxygen Weekly Grab Upstream & Downstream Table Footnotes: 1. Upstream = at least50 feet upstream from the outfall. Downstream = at or near NCSR 1313. 2. NH3 as N - See Special Condition A. (4.). 3. Daily average effluent concentration of dissolved oxygen shall not fall below 5.0 mg/L. 4. Chronic Toxicity (Ceriodaphnia) at 46 %; quarterly during March, June, September, December; See Special Condition A. (3.) 5. pH shall not fall below 6.0 nor exceed 9.0 standard units. Units: MGD = million gallons per day pounds/day = pounds per day mg/L = milligrams per liter BOD = biochemical oxygen demand ml = milliliter lug/1- = micrograms per liter Effluent shall contain no floating solids or foam visible in other than trace amounts. Permit NCO034860 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater through Outfa11002. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETERS" EFFLUENT' LIMITS MONITORING REQUIREMENTS r= Monthly Average -Daily Maximum Measurement '��,Frequency- Sample Type Sample Location' Flow Continuous Recording Influent or Effluent Total Suspended Solids (TSS) 30 m /L 45 mg/L 2/Month Composite Effluent Settable Solids 0.1 mg/L 0.2 mg/L Weekly Grab Effluent Iron Weekly Composite Effluent pH2 Weekly Grab Effluent Turbidity3 Weekly Grab Upstream & Downstream Table Footnotes: 1. Upstream = at 1east50 feet upstream from the outfall. Downstream = at or near NCSR 1313. 2. pH shall not fall below 6.0 nor exceed 9.0 standard units. 3. Discharge shall not cause stream turbidity to exceed 50 NTU. If natural background turbidity exceeds 50 NTU, discharge shall not increase receiving -stream turbidity. Effluent shall contain no floating solids or foam visible in other than trace amounts. SUPPLEMENT OT EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (3.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 46%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of March June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure, performed as the first test of any single quarter, results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months, as described in "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. Permit NCO0348 All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1).for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (4.) REEVALUATION OF AMMONIA LIMITS Ammonia (NH3 as N) -- The Division may re -open this permit to require Daily Maximum limits for ammonia. After calculating allowable concentrations, the Division may perform an analysis of past ammonia data to determine if there is reasonable potential for this discharge to exceed these potential limits. If there is, this permit may be re -opened. If there is not, the permit will not be re -opened, but will be modified to include Daily Maximum limits for ammonia upon renewal. FF PART I (Continued) 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 STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. C 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment 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 "montlAy 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 arithunetic 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. 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. Part II Page 2 of 11 6. 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. F 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 "Othei 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. 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 Part Page 3of11 8. a. (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 tie 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 Arithmetic Mean: The aridunetc 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 0). 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 1. Duty to Comply The pernhittee 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 tie 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. Part II Page 4 of 11 1. 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 Statute's § 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 II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permits 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. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, not 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. . Part Page 5 of 11 Dut�T to Provide Information The pernittee shall furnish to the Permit Issuing Authority, within a reasonable tune, 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 Reaps 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 permmittee'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 thus Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if 0) A person described above makes the authorization in writing; (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 thus 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 6of11 rr12Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the perrittee 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 21-1.0100; 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 thus permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 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 die 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 Tide 15A NCAC Chapter 8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class H, 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, NCAC Chapter 8G.0202. Once the facility is classified, die 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 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. 4. b. Part Page 77 of 11 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 perinittee 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 pemtittee 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) Bypass from the collection system is prohibited. The Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3). The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Pennit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. U sets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with teclumology 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 pernttee 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 identif, 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) (2) of this permit. (4) The pemtittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof In any enforcement proceeding the pernttee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8of11 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, Tide 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 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. 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, Lb 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: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements 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. Part Page 9of11 4. Test Procedures Test procedures for the analysis of pollutants shall conforn to the EIVIC 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 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. 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. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part H Page 10 of 11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terns 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 alteration, 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 pemuttee 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. Part Page 11 of 11 6. D. The following shall be included as information which must be reported widen 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. 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 thus 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. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availabili : 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. FF 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 Monitorin 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 pernnittee shall notify the Pem-iit 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"; 0) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five (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 µg/L); (2) One milligram per liter (1 mg/L) 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 alteratives. 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 alteratives 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. RRO Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W: Ktimek,'P.Ec Direc4or1 Drvlslori'of�INater-Qu"a`Ifty December 9, 2002 Gary D. Elder, Plant Engineer - D E C 1 3 2002 Schneider Mills, Inc. P.O. Box 519 Taylorsville, North Carolina 28681ell '' Subject: Correction of Permit Effluent Page for Outfall 002 NPDES Permit No. NCO034860 Schneider Mills NC Hwy 16 North Alexander County Dear Mr. Elder: The Division of Water Quality (the Division) has identified errors in your NPDES permit issued in September 2002. This letter serves. to correct these errors and to provide you with a replacement page, as discussed on November 21 with Daryn Webb (Schneider Mill's Operator in Responsible Charge). For Outfall. 002 (non process -contact cooling water), the Measurement Frequency has been corrected from "Continuous" to Weekly to reflect the requirements 'of the previous permit. It was not the Division's intention to alter this requirement. Similarly, the Sample Type was inadvertently changed to "Recording" and should have read Instantaneous. Finally, the parameters TSR and iron Sample Types for Outfall 002 have been corrected from composites to grab samples. The Division apologizes for any inconvenience this may have caused. Please insert the attached corrected page into your existing permit and discard the old page. If any parts, measurement frequencies, or sampling requirements contained in this permit are w.._ unacceptable, you have the right to an adjudicatory hearing upon written request within thirty (30) days after receiving this letter. Your request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand = " - is made, this permit shall be final and binding. Please notice that this permit is not transferable except after notifying the Division of Water Quality. The Division may require modification, or revocation and re -issuance of this permit. This permit does not affect the legal requirements to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or other efderal.or local governments. - own NCDENR - N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Schneider Mills, Inc. Final NPDES Permit NCO034860 Page 2 If you have questions, or if we can be of further service, please contact Joe Corporon at joe.corporon@ncmail.net or you may call (919) 733-5083, extension 597. Respectfully, OCR A an W. Klimek, P.E. Enclosure: NPDES Permit NCO034860 cc:. Central Files NPDES Unit Files CN16oresuilidd egiona''1 Off ce, aier ( aliry Section + Point Source Compliance and Enforcement Unit Technical Assistance and Certification Unit Aquatic Toxicology Unit EPA Region IV - Attention: Dee Stewart NPDES Permit No. NCO034860 A. (2.) EFFLUENT LIMITATIONS AND,MONITORING REQUIREMENTS During the.period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater through Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETERS _ "_ EFFLUENT LIMITS :. MONITORING REQUIREMENTS Monthly . Average Weekly `' :_Avera e - `Daily : Maximum Measurement Fre uency.. Sample .:. :Tye Sample .: Location Flow Weekly Instantaneous I or E Total Suspended Residue (TSR) 30 mg/L 45 mg/L 2/Month Grab E Settable Solids 0.1 m 0.2 m Weekly Grab E Iron Weekly Grab E g2 Weekly Grab E Turbidit 3 Weekly Grab U, D Table Footnotes: 1. Sample Locations: E — Effluent; I — Influent; U — Upstream 50 feet above outfall; D — Downstream at or near NCSR 1313. 2. pH shall not fall below 6.0 nor exceed 9.0 standard units. 3. Discharge shall not cause stream turbidity to exceed 50 NTU. If natural background turbidity exceeds 50 NTU, discharge shall not increase receiving -stream turbidity.