HomeMy WebLinkAboutNC0026271_Regional Office Historical File Pre 2018 (12)rJY W A TFR L
ry Midhael F. Easley
0 Y
`Q' G Governor
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r— William G. Ross, Jr.,Secretary
Q North Carolina Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
DIVISION OF WATER QUALITY
March 29, 2001
Mr.'Brian Eades
Town of Taylorsville
204 Main Avenue Drive, SE
Taylorsville, North Carolina 28681
Subject: NPDES Permit No. NCO026271
Town of Taylorsville WWTP
Alexander County, NC
Dear Mr. Eades:
Our records indicate that NPDES Permit No. NCO026271 was issued on March 19, 2001 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 Page 4.
Page 4 sets 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
(DEM 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 administering and 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 a timely 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
Az,7
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ustomer Service
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Aooresville Regional Office, 919 North Main S:ree;. Mooresville, NC 28115 PHONE (704) 663-1699
FAX (704) 663-6040
7a
Mr. Brian Eades
March 29, 2001
Page No. 2
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.
Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee
to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil
penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations.
If you find at any time that you are unable to comply with the terms and conditions of the Permit, you
should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while
pursuing action to obtain compliance.
As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not
automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days
prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on
Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as
the Permittee, cease to need this Permit, then you should request that the Division of Water Quality
rescind the Permit or request that DWQ reissue the Permit to another party, if necessary.
As mentioned previously, the purpose of this letter is to advise you of the importance of your
NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you
have any questions or need clarification. We look forward to providing any assistance.
Enclosure
DRG: dee
A:ITAYLORNP.LTR
Sincerely,
a�-t'
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
State of North Carollna-
_ Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
Mr. Brian Eades
Town of Taylorsville
204 Main Avenue Drive, SE
Taylorsville, North Carolina 28681
Dear Mr. Eades:
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1�1C3�f? S�fs!_� ,•tE 10--A OFFICE
March 19, 2001'
MAR 2 8 2001
i
Subject: NPDES Permit Issua e,.,..,..
Permit No. NC0026254,$ . QUALITY SECTION
Town of Taylorsville WWTP
Alexander County
Division personnel have reviewed and approved your application for renewal of the
subject permit. Accordingly, we are forwarding the attached NPDES discharge permit.
This permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
The Town of Taylorsville requested evaluation of the monitoring frequencies based on
the actual flows of the treatment plant rather than the permitted flow. The Division has
evaluated this request, however the monitoring frequencies shall remain as proposed in the
draft permit.
The Division bases monitoring frequencies on potential impacts to the environment.
The permitted flow, not the actual flow, is used to determine the classification of the treatment
system and potential impacts. The monitoring frequencies are consistent with this methodology
and are reflective of your Grade III facility.
If any parts, measurement frequencies or sampling requirements contained in this
permit are unacceptable to you, you have the right to an adjudicatory hearing upon written
request within thirty (30) days following receipt of this letter. This request must be in the form
of a written petition, conforming to -Chapter 150B"of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North
Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The
Division may require modification or revocation and reissuance of the permit.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land
Resources, the Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-161 7 —TELEPHONE 91 9-733-5083/FAX 91 9-733-071 9
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/ 1 0% POST -CONSUMER PAPER
VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.US/NPDES
Permit Number: NCO026271
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and. regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Taylorsville
is hereby authorized to discharge wastewater from a facility located at
Town of Taylorsville. WWTP
Junction of NCSR 1108 & Minnigan Lane
South of Taylorsville
Alexander County
to 'receiving waters designated as the Lower Little River in the Catawba River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III and IV hereof.
This permit shall become effective May 1, 2001.
This permit and authorization to discharge shall expire at midnight on March 31, 2005.
Signed this day March 19, 2001.
Original Signed By
David X Goodrich
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number: NC0026271-
SUPPLEMENT TO PERMIT COVER SHEET
The Town of Taylorsville is hereby authorized to:
1. Continue to operate an existing 0.83 MGD wastewater treatment facility with the following
components:
Bar screen
♦ Grit chamber
♦ Flow splitter box
♦ Dual aeration basins
♦ Dual secondary clarifiers
♦ Dual chlorine contact chambers
♦ Dechlorination equipment
♦ Four aerobic sludge digesters
The facility is located at the Taylorsville WWTP at the junction of NCSR 1108 & Minnigan Lane south
of Taylorsville in Alexander County.
2. Discharge from said treatment works via outfall 001 at the location specified on the attached map into
the Lowet Little River, classified C waters in the Catawba River Basin.
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Facility Information Facility
Latitude: 35* 53' 02" Sub -Basin: 03--08-32 zz. T. T
Lonzibide: 81* 11' 44" Location
Quad 4P D 14 NW (Taylorsville)
Stream Clam C Town ofTaylorsville WWTP
Receiving Stream Lower litfle River North NC0026271
Pemaitted Flow: 0.83 MGD Alexander Comty
Permit Number: NCO026271
PIFA. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period begmnmg on the effective date of the permit. and lasting until expiration, the
Permittee is authorized to discharge treated wastewater from outfall(s) 001. Such discharges
shall be limited and monitored by the Permittee as specified below:
Efflujnr
ent Characteiisfic`s
Lima#s
x
-
omt Requirements
M onng_
ri :-
x
=`
Monthly
Average
Weekly
Average
"Daily;
Average
Measurement
`Frequency
SaYriple
Type
Sample ":
Location)
Flow
0.83 MGD
- Continuous
Recording
I or E
BOD, 5-day, 20°C2
30.0 m /L
45.0 m /L
3/Week
Composite
I, E
Total Suspended Residue
30.0 m /L
45.0 m /L
3/Week
Composite
I, E
NH3-N (Summer')
9.5 m /L
3/Week
Composite
E
NH3-N (Winter')
Weekly
Composite
E
Fecal Coliform
200/100 ml
400/100 ml
3/Week
Grab
E
Temperature
3/Week
Grab
E
pH
3/Week
Grab
E
Conductivity
3/Week
Grab
E
Total Residual Chlorine
28 µ /L
3/Week
Grab
E
Cyanide
2/Month
Grab
E
Copper
2/Month
Composite
E
Chloride
2/Month
Composite
E
Zinc
2/Month
Composite
E
Total Nitrogen
(NOZ N + NO, N + TKN)
Quarterly
Composite
E
Total Phosphorus
Quarterly
Composite
E
Chronic Toxicity"
Quarterly
Composite
E
rootnotes:
1. Sample Location: I- Influent, E — Effluent.
2. The monthly average effluent BOD, and Total Suspended Residue concentrations shall not
exceed 15% of the respective influent value (i.e. 85% Removal).
3. Summer is defined as April 1 through October 31; Winter is defined as November 1 through
March 31.
4. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units
scale).
5. Chronic Toxicity (Ceriodaphnia) at 8.2%: January, April, July, October (see Part I. A. (2.)).
Defintions:
MGD — Million gallons per day mg/L — Milligram per liter
µg/L — Microgram per liter ml — Milliliter
BOD — Biochemical Oxygen Demand
4
Permit Number: NCO026271
A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 8.2%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions. The tests will be performed during the months of January, April, July, October. Effluent sampling for this
testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit
limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as
described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
Attention: North Carolina Division of Water Quality
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.
PART I
or
Section B. Schedule of Compliance .
L 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.
C.
Part U
Page 1 of 14
PART lI
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM or "the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during a calendar month on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
month It is therefore, an arithmetic mean found by adding the weights of the pollutant found
each day of the month and then dividing this sum, by the number of days the tests were
reported. The limitation is identified as "Monthly Average" in Part I of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges. sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or measured
during such week. It is, therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the week and then dividing this sum by the number of days the
tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit.
C. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a
.calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit.
d. The "average annual discharge"- is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each
day of the year and then dividing this sum by the number of days the tests were reported. This
limitation is defined as "Annual Average" in Part I of the permit.
Part II
Page 2 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such month (arithmetic mean of the daily concentration
values).. The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day. The average monthly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected- during a calendar, month. This
limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. -
b. The "average weekly concentration," other than for fecal coliform bacteria, is the .sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are- sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case. of grab samples is the arithmetic mean (weighted by flow
value) of all the -samples collected during that calendar day. The average weekly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar week. This limitation is identified as "Weekly Average" ;under "Other Limits" in
Part I of the permit.
c. The "maximum -daily concentration" -is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily
Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than. for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily discharges
sampled and/or measured during such year. (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day . The average yearly count for feral coliform bacteria is the
geometric mean'of the counts for samples collected during a calendar year. This limitation is`
identified as "Annual Average" under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of
dissolved oxygen required to be available in the effluent prior to discharge averaged over a
calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as "daily
average" in the text of Part I.
f. The "quarterly average concentration" is.the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through March,
April through June, July through September, and October through December.
Part II 114
Page 3 of 14
7. Other Measurements
a. Flow, (MGD): The. flow limit expressed in this permit is the 24 hours average flow, averaged
monthly. It is determined as the arithmetic mean of the total daily flows recorded during the
calendar month
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when
both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a -measure of discharge flow from the facility which occurs
continually without interruption throughout the operating hours of the facility. Flow shall be
monitored, continually except for the infrequent times when there may be no flow or for
infrequent maintenance activities on the flow device.
8. T.)= of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge
and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and ,the present gallon interval between sample collection fixed at
no greater than 1/24 of the expected total daily flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours. In such cases, effluent grab samples may be collected at time. intervals
evenly spaced over the 24 hour period which are equal in number of hours to the detention time
of the system in number of days. However, in no case may the time interval between effluent
grab samples be greater than six (6) hours nor the number of samples less than four (4) during a
24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must *be
representative of the discharge or the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual
values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the
individual values where N is equal to the number of individual values. The geometric mean is
equivalent to the antilog of the arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one
0).
c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration
tunes its respective flow divided by the summation of the respective flows.
Part II
Page 4 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour• period that reasonably represents
the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section
311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is, any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. DUIX to Com; lv
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 $2500 to $25,000 per day of
violation, or imprisonment for not more than '1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any.person who violates a .
permit condition may be assessed an administrative penalty not to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33
US.0 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 terns,
conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A)
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, -or any -permit condition or limitation
implementing any of such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class I violations are not to exceed $10,000 per violation, with
the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class
II violations are not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any pass 11 penalty not to exceed $125,000.
kart1!
Page 5 of 14`
2. Duty to Miti& to
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in :violation of this permit which, has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" ,(Part II, C-4) and 'Tower Failures" (Part 1I,
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 responsiblefor consequential damages,.
such as fish kills, even though the responsibility for effective compliance, may be . temporarily
suspended
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be. subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, -the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal; State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
-structures -or facilities or the undertaking'of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances,. is held invalid, the application of such
Provision to other circumstances, and the remainder of this permit, shall not be, affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit. Issuing Authority, :within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
9., Duty ReaMply
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.
OF
10. Expiration of Permit
Pan II
Page 6 of 14
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 perinittee to enforcement
procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. GI
11. Signatory RMirements.
All applications, reports, or information submitted to: -the Permit Issuing Authority shall be signed
and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section;, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
.of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding 25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) For a partnership . or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3). For a municipality, State, Federal, or other public agency: by either 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.
(I) 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 submtted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. -of this section shall
make the following certification:
"I certify, under penalty of law; that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is; to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties -for submitting false .
information, including the possibility of fines and imprisonment for knowing violations."
PartII
Page 7 of 14
12. Permit Actions
This permit maybe modified, revoked and reissued, or terminated lfor.cause. . The filing of a request
by the permittee for a permit- modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
13. Permit Modification. Revocation and Reissiiance. or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by
the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
123; Title 15A-of: the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous" National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. 17he 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.. J The conditions,
requirements, terms, and provisions -.of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Qperator
Pursuant to Chapter 9OA-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 (ORO of the wastewater treatment facilities. Such
operator must hold a .certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the Certification Commission. The permittee
must .also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A, Chapter BA .0202. The ORC of the facility must visit each Class I
facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
2. Pro= Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit. .
Part II
Page 8 of 14
3. Need to Halt or Reduce not a Defense
It shall not be -a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with. the condition of this
permit.
4. BXpassingof 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 daniage 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 br
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II, E. 6. of this permit: (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement' action against
a permittee for bypass, unless:
(A) Bypass was unavoidable to. prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated 'wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing. Authority determines that it .will meet the three
conditions listed above in Paragraph d. 0) of this section.
Part H •
Page 9 of 14 1"q
5. PJMts
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 Iimitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative. review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset,
(2) The permttee 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 Il, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall comply with all existing federal regulations
• governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued
by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and
modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The
permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of
Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit
is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation,
Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the
discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources, standby generators or retention of inadequately treated effluent.
Part u
Page 10 of 14
SECTION D. MONITORING AND RECORDS
1. Representative Sampling,
Samples collected and measurements taken, as required herein,' shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
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. ftorting
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, DEW postmarked no later than the 30th day
following the completed reporting period.
The first•DMR is due on the last day of the month following the issuance of the permit or in the case
of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Water .Quality
Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices
shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the
accuracy of the measurements are consistent with the accepted capability of that type of device.
Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%
from the true discharge rates throughout the range of expected discharge volumes. Once -through
condenser cooling water flow which is monitored by pump logs' or pump hour meters as specified in
Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution. Control Act, as
Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40
CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified
in this permit:
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and -reporting levels that are below the permit discharge requirements and all
data generated must be reported down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable of achieving minimum detection and
Part 11
Page 11 of 14
reporting levels below permit discharge requirements, then the most sensitive (method
lowest possible detection and reporting level) approved method must beused.
5. Penalties for Tampering
with the
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment is a fine of not
more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all reports required by this permit,
for a period of at least 3 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical `techniques or methods used; and
f . The results of such analyses.
8. Inspection and Eniry
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 II
Page 12 of 14
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit.
The discharge of any pollutant identified in this permit more frequently than or at a level in excess
of that authorized shall constitute a violation of the permit.
2. Planned Changes . ..
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a'facility is a new source in 40 CFR Part i22:29 (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)
c. The -alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
Permit conditions that are different from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to, an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permittee and incorporate such other
.requirements as may be necessary -under the Clean Water Act.
5. Monitoring_ Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
-a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2
of this permit) or forms provided by the Director for reporting results of monitoring of sludge use
or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal,
approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be
included in the calculation and reporting of the data submitted in the DMR.
c. Calculations for all Iimitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director. in the permit.
Part II ilq
Page 13 of 14
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may, endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours under
this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive.the written report on a case -by -case basis for reports under paragraph
b. above of, this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part H. E. 5 and 6.. of
this permit at the time monitoring reports are submitted. The reports shall contain the information
listed in Part IL E. 6. of this permit.
8. Other Information
Where the 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 occurrenceof any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance
through the facility; or any other unusual circumstances.
b.. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc
c. Any failure of a, pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without � treatment of all or any portion of the influent to such
station or facility.
Part II
Page 14 of 14
Persons reporting such occurrences by telephone shall also file a written. report in letter
form within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared 'in accordance with, the terms shall be
available for public inspection at the offices of the Division of Water Quality. As required by
the Act, effluent data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment,for not mote than two years per violation; .or by both.
PART III
Or OTHER REQUIREMENTS
A. Requirements for Control of Pollutants Attribute to Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using
the municipal system may be present in the permittee's discharge. At such time as sufficient information becomes
available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any
or all of such other pollutants in accordance with best practicable technology or water quality standards.
2. Under, no circumstances shall the permittee allow introduction of the following wastes in the waste treatment
system:
a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a
closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified
in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in
Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or
pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in
such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon
request of the POTW, approves alternate temperature limits;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference
or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may
cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the
permittee with all applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all
of the industries discharging to the municipal system.
4. The permittee shall require any industrial discharges into the permitted system to meet Federal Pretreatment Standards
promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial
user, the permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A
NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b).
This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as
required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
B. Pretreatment Program Requirements
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part
403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit.
Part III Page 1 of 4
PART III
OTHER REQUIREMENTS
114
The permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act,
the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the
legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division
approved modifications there of. Such operation shall include but is not limited to the implementation of the following
conditions and requirements:
1. Sewer Use Ordinance (SUO)
The permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey (IWS)
The permittee shall update its Industrial Waste Survey (IWS) of all users of the sewer collection system at least once
every five years.
3. Monitoring Plan
The permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be
used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local
Emits.
4. Headworks Analysis (HWA) and Local Limits
The permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as
required by the Division. The permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the permittee shall issue to all significant industrial users, permits for operation
of pretreatment equipment and discharge to the permittee's treatment works. These permits shall contain limitations,
sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as
necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet
all applicable pretreatment standards and requirements. The permittee shall maintain a current Allocation Table (AT)
which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment
Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
6. Authorization to Construct (A to C)
The permittee shall ensure that an Authorization to Construct (A to C) is issued to all applicable industrial users for
the construction or modification of any pretreatment facility. Prior to the issuance of an Authorization to Construct
(A to C), the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations.
POTW Inspection & Monitoring of their SIUs
The permittee shall conduct inspection, surveillance, and monitoring activities as describedin its Division approved
pretreatment program in order to determine, independent of information supplied by industrial users, compliance with
applicable pretreatment standards. The permittee must:
7a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
7b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited
pollutants, once during the period from January 1 through June 30 and once during the period from July 1
through December 31, except for organic compounds which shall be sampled once per calendar year;
Part III Page 2 of 4
a
10.
PART III
OTHER REQUIREMENTS
SIU Self Monitoring and Reporting
The permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements
outlined in the Division approved pretreatment program, the industry's pretreatment.permit, or in 15A NCAC 2H
.0908.
Enforcement Response Plan (ERP)
The permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated
pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et.seq.), prohibitive discharge standards as set
forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be
consistent with the Enforcement Response Plan (ERP) approved by the Division.
Pretreatment Annual Reports (PAR)
The permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual
reports; Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with
Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment
implementation issues.
For all other active pretreatment programs, the permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
RALEIGH, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs)
in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary(PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific
forms approved by the Division;
d.) Industrial Data Summary Forms aDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU).
These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific
format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public
notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -
Compliance (SNC) as defined in the permittee's Division approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four months
of the applicable twelve-month period.
12. Record Keeping
The permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the POTW.
Part III Page 3 of 4
PART III
OTHER REQUIREMENTS
11N
13. Funding and Financial Report
The permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.
C. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type
of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the
Division of Water Quality and written approval and Authorization to Construct has been issued.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater
monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater
standards.
E. Publicly Owned Treatment Works
All POTWs must provide adequate notice to the Director of the following:
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301
or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced into that POTW by a source
introducing pollutants into the POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be
discharged from the POTW.
F. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and
conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the
Division.
Part III Page 4 of 4
IV
A. The permiitee must pay the annual administering and compliance monitoring fee .
within, 30: (thirty.), days:.after being:_bMed by .the Division... Failure to -pay the fee in
a iii4y.aerin accordancevi#3t 15A NCAC 2H..0105(b)(4) may cause this.
::... ton -to. acEzon ievoM 11 permit