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HomeMy WebLinkAboutNC0034860_Regional Office Historical File Pre 2018 (17)rState..of North Carolina Department of Environment, - Health and Natural Resources Division of Environmental Management .James B. Hunt, Jr., Governor , • Jonathan B. Howes, Secretary e Preston Howard, Jr., P.E., Director Mr. Joshua Schneider Schneider Mills, Inc. P.O. Box 519 Taylorsville, NC 28681 Dear Mr. Schneider: . 'T LT X. MAI IDEHNF� August 31, 1993 C lorpT. or NATMUL RESOURCES AND tcowmuNyry AEVELOP'k!•'NT SEP 0 '1 1993 Subject: Permit No.-NC0034860 -Schneider Mills, Inc. IIMSION OF EN'�iijUdhEnlAL .i,AIIAGEMEKJ Alexander County MOORESVILLE REGIONAL OFFICE On July 30, 1993, the Division of Environmental Management issued NPDES Permit No. NCO034860 to Schneider Mills, Inc. A correction has been made to change the monitoring frequency for pH at outfall 002.from daily to weekly. Please insert the enclosed effluent sheet and discard the old sheet. This permit modification becomes effective upon the effective date of the permit. All other terms and conditions in the original permit remain unchanged. and in full effect. These modifications are 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 11666, Raleigh, North Carolina 27604. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit, please contact Mr. Greg Nizich at telephone number 919/733-5083. S' rely, rest ard, Jr.; P.E. Director cc: rses i'1'i egion Offce Central Files Permit File Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481- 919/395-3900 919/996-7007 Pollution Prevention Pays P.O. Box 2.9535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO034860 During .the period beginning on -the effective date of the permit and lasting expiration, the Permittee is authorized to discharge from outfall(s) serial number 002. Such discharges shall be limited and monitored by the. permittee as specified below: Effluent Characteristics Lbs/day Mon. Avg. Daily Max. Flow - Total Suspended Solids Settleable Solids Turbidity Iron Total Residual Chlorine Discharge Limitations Units (Specify) Mon. Avg. Daily Max. 30.0 mg/.I 45.0 mg/I 0..10 ml/I 0.20 ml/I * Sample locations: E - Effluent, I _ Influent, U - Upstream, D - Downstream Monitoring Requirements Measurement Sample *Sample Frequency Type Location Weekly 'Instantaneous I or E 2/Month Grab E Weekly Grab E Weekly Grab U,D Weekly Grab E Weekly Grab E ** The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds. these levels due to natureal background conditions, the discharge level cannot cause any increase in the turbidity in the receeving water. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units at the effluent. Effluent monitoring shall be conducted weekly by grab samples. There shall be no discharge of floating solids or visible foam'in other than trace amounts. WR�State of North Carolina Department of Environment, Health and Natural Resources SL Division of Environmental Management r James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 30, 1993 Mr. Joshua Schneider Schneider Mills, Inc. �. C, DEFT. P.O. Box 519 J RESO W Taylorsville, NC 2868100TnJUNT° -' AUG 0 41993 tIVISIOR ofOORESdIIIE IaAEGINAL OFFICE Dear Mr. Schneider: . �EHNR Subject: Permit No. NCO034860 Schneider Mills, Inc. Alexander County In accordance with your application for discharge permit received on December 7, 1992, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. Three modifications have been made to the draft permit sent to you for review. All changes concern outfall 001. The sampling frequencies for conductivity and temperature are now indicated as weekly, and the sampling frequency for pH has been changed from daily to weekly to coincide with the standard for Class II facilities. Effluent sampling is now required for temperature. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicative hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, confomiing to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 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 pen -nit that may be required. Regional Offices Asheville Fayetteville Mooresville . Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919j896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer If you have any questions concerning this permit, please contact Mr. Greg Nizich at telephone number 919nB-5083. Sincerel n'ed BY 0«9nal SIB � le n N• iSullns �. Keston Howard, Jr., P.E. Director cc: Mr. Jim Patrick EPA iiio sest!We• Region ! Permit No. NCO034860 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT 1L C DEPy. OF NATURAL RESOMCEs AND TO DISCHARGE WASTEWATER UNDER THE com'4V VI-Ey DEyEI nri NATIONALPOLLUTANT DISCHARGEu • s 04 ,, M'S'ON OF ENVIOONMENT.IL : A.," G FJG:� UIT In compliance with the provision of North Carolina General Statute 143-215.1, @�OORESVlLLE Ralikpf 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, Inc. NC Highway 16 north of Taylorsville Alexander County to receiving waters designated as Muddy Fork Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, and III hereof. This permit shall become effective September 1, 1993 This permit and the authorization to discharge shall expire at midnight on June 30, 1995 Signed this day July 30, 1993 Original Signed BY Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0034860 SUPPLEMENT TO PERMIT COVER SHEET Schneider Mills, Inc. is hereby authorized to: 1. Continue to operate a wastewater treatment facility. -consisting of a bar screen, instrumented flow measurement, aeration basin with two mechanical aerators, a clarifier, "sludge return pumps, aerobic digestor, cascade aeration, and sludge drying beds (outfall 001), and two settling ponds connected in series for filter backwash (outfall 002), located at Schneider Mills, Inc., NC Highway 16, north of Taylorsville, Alexander County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Muddy Fork Creek which is classified Class C waters in the Catawba River Basin. `9 III 132- I t131 3 7t A Qz Discharge 002 1 Di� Discharge 00 C17 ff 1OrSv A A- M 1247k /C;em fl rjdR L % 0 �/� �i *t Golf Co se-, 46 0� .., o. 60 < StMe i. 1A 'ein( L/ 1100 if N, Kj IY§2 Jill- Li]�Z�r lit A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO034860 During the period beginning on the effective date of the permit and lasting 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 Characterlstics Lbs/day Mon. Avg: Daily Max. Flow BOD, 5-Day, 200C NH3 as N (April 1 - October 31) NH3 as N (Nov 1 - March 31) Total Suspended Solids CCD - Dissolved Oxygen '* Total Phosphorus Total' Nitrogen (NO2 + NO3 + TKN) Zinc Cadmium Nickel Lead Mercury Silver Chronic. Toxicity*** Conductivity Temperature 281.0 543.0 153.0 335.0 836.0 1299.0 Discharge Urnitatlons Units (Speclfy) Mon. Avg. Dally Max. 0.780 MGD 43.2 mg/I 83.5 mg/1 1.9 mg/I 4.7 mg/i Monitoring Requirements Measurement Sample *Sample Frequency Type Location Continuous Recording I or E Weekly Composite E,U,D Weekly Composite E Weekly Composite E Weekly Composite E Weekly Composite E Weekly Grab E,U,D Quarterly Composite E Quarterly Composite E Monthly Composite E Quarterly Composite E Quarterly -Composite E Quarterly Composite E Quarterly Composite E Quarterly Composite E Quarterly Composite E Weekly Grab U,D Weekly Grab U,D * Sample locations: E Effluent, I - Influent, U - Upstream, 50 feet above outfall, D - Downstream at NCSR 1313. Upstream and downstream samples shall be grab samples. ** The daily average dissolved oxygen effluent concentration shall not be less that 5.0 mg/l. *** Chronic Toxicity (Ceriodaphnia) P/F @ 46%; March, June, September and December, see Part III, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units at the effluent. Effluent monitoring shall be conducted weekly -by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL, Permit No. NCO034860 During the period beginning on the effective date of the permit and lasting expiration, the Permittee is authorized to discharge from outfall(s) serial, number 002. Such discharges shall be limited and monitored by the permittee as specified below: s Flow Total Suspended Solids Settleable Solids Turbidity Iron Total. Residual Chlorine Discharge Limitations Units ecify) Mon. Avg. Dally Max. 30.0 mg/I 45.0 mg/I 0.10 ml/I 0.20 ml/I • • r r * Sample locations: E -Effluent, I - Influent, U - Upstream, D - Downstream Monitoring Requirements Measurement Sam Ike •_Sample Frequency Weekly Type Location Instantaneous I or E 2/Month Greb E Weekly Grab . E Weekly Grab U,D Weekly Grab E Weekly 'Grab E ** The discharge shall not cause the turbidity of the receiving water to exceed- 50 NTU. If the turbidity exceeds these levels due to natureal background conditions, the discharge level cannot cause any increase in the turbidity in the recieving water. �1 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units at the effluent. grab samples. r There shall be no discharge of floating solids. or visible foam in other than trace amounts. 11 %V L:j Effluent monitoring shall be conducted aily'by PART 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. t Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS • QNV • 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. .FMC Used herein means the North Carolina Environmental Management Commission. 1. 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. 1 Part II Page 2 of 14 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 concentrationi 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 overr 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 11 Page 3 of 14 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 &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 tunes when them may be no flow or for infrequent maintenance activities on the flow device: 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 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. 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 3(Y7(a)(1) of the Clean Water Act. 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 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. 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 H 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. 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. MOMMrs _. s. •MUM 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. • • - • • • • �� . • 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. E: E, IN1 • - . . 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 11 Page 6 of 14 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 1437215.6 and 33 USC 1251 et. seq. 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-maldng 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. 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." 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. G •.• .I• •. ..• • • .�• 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 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. r Part II Page 8 of 14 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. It shall not be a defense for a permittee in anenforcement 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. 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 subjecf :to the provisions of Paragraphs c. and d. of this section. c . Notice 0) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submitprior 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 0) 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 t 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 causes) 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 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. 1 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. J. 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 campleted 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 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 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. M - I OM Test procedures fof 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. • _� a 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. 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 11 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. MJg • _ : M6 3 Mh : • 1 1 : ul ►l 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 : AnticiFated Noncompliance i 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. 1/rt• - i_.45. 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 no 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 H. E. 6. of this permit. Part 11 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. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional - office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following. the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts -of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility . incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc: c. Any failure of a pumping station, sewer line, or treatment facility_ resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following fast knowledge of the occurrence. 1 : .r_11 • a► ••� 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. 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. 'a 1 Permit No. NC0034860 E. CHRONIC TOXICITY PASS/FAlL PERMIT LB41T (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 46% .(defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to -establish compliance with the.permit condition. The first test will be performed after thirty days from the effective date of this permit 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. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of . Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting-chemical/physical measurements performed in association -with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until .such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute ari`invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 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.