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HomeMy WebLinkAboutNC0026271_Regional Office Historical File Pre 2018 (26)V do 'l S:-W N. C. DEPT. OF NATURAL RESOURCES AND Coli?M UNITY DEVELOPMENT MAY 18 1992 DIVISION OF ENVIROWA ITAL IYANWNI ENT State of North Carolina MOORESVILLE REGIGRAL OFFICE Department of Environment,.Health and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett, Ph.D William W. Cobey, Jr., Secretary Director May 15, 1992 Lee Rogers 204 Main Avenue Dr. SE Taylorsville, NC 28681 Subject: NPDES Permit No.NC0026271 Town of Taylorsville WWTP Alexander County Dear Mr. Rogers: In accordance with your application for discharge permit received on December 9,1991, 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. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take 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 permit that may be required. If you have any questions concerning this permit, please contact Mr. Randy Kepler at telephone number 919/733-5083. Sincerely, Original Signed By Donald Safrit for George T. Everett cc: Mr. Jim Patrick, EPA (IVlooresville R_egon_al=Office Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NCO026271 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT MIMARGE WASTEWATER UNDER THE NATIONALPOLLUTANT a ►: s► 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 TaylorsvMe is hereby authorized to discharge wastewater from a facility located at Taylorsville WWTP 204 Main Ave., Dr., S.E. 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, and III hereof. This permit shall become effective July 1, 1992 This permit and the authorization to discharge shall expire at midnight on June 30, 1995 Signed this day May 19, 1992 Ddgjr►al Signed BY . Donetd Writ fof George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission r Permit No. NC0026271 SUPPLEMENT TO PERMIT COVER SHEET Town of Taylorsville is hereby authorized to: 1. Continue to operate a 0.43 MGD wastewater treatment facility consisting of a bar screen, flow splitter box, dual Imhoff tanks, dual dosing tanks, dual trickling filters, an aeration basin; a secondary clarifier, an aerobic digestor, sludge holding tanks, sludge drying beds and post chlorination facilities located at Taylorsville WWTP, 204 Main Ave., Dr., S.E., 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 the Lower Little River which is classified Class C waters in the Catawba River Basin. ., i ram! '. 9O J n• I ( r� `. '` 1 �_ %� : Alex �S ,VJT. •••• ••• --= jj,� t ♦ rec o I. • nit 116 •�•� II / o/ oCD Dis SaIP 128 ji rf n. L ac .� . �� J - "'•� %%ram `'\� -� i _� _-✓. - I `'�Ith Ity U if ♦ ( r �. I iZ r Iroo a ,Q 340 000 FEET 1'480 4811 12'30" 1482 MILLERS ILLS 1.5 MI. (MlLLERSVILLEI 1484 --11 NEWTON 17 M. 47551 SW SCALE 1:24 000 1 0 MN 1000 0 1000 200E 3000 4000 - 500E 6000 7 GIN r �0 1 KILOM 3• 53MILS 0.07' CONTOUR INTERVAL' 20 FEET' 2MILS DATUM IS. MEAN SEA LEVEL 1�-N1�►� ry - 71-IYo, iVe OD nr�o�4a� UTM GRID AND 197E MAGNETIC NORTH j(!� /� edx/ DECLINATION AT CENTER OF SHEET a C- . THIS MAP CO PLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U.S. GEOLOGICAL SURVEY, WASHINGTON, D. C. 2024 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON RE A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1- October 31) Permit No. NCO026271 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characterlstic• Discharge Limltatloni Monitorind Requirements Measurement Sample *SamDle Monthly Avq Weekly Avg. Daily Max Frequency Ty" Location Flow 0.43 IV= Continuous Recording 1 or E BOD, 5 day, 200C** 30.0 mg/I 45.0 mg/I Daily Composite E, I Total Suspended, Residue" 30.0 mg/I 45.0 mg/I Daily Composite E, I NH3 as N 17.8 m g/ I Weekly Composite E Fecal Coliform (geometric. mean) 200.0 /100 ml 400.0 /100 ml Daily Grab E Total Residual Chlorine Daily Grab E Temperature Daily Grab E Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total, Phosphorus Quarterly Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85 % removal). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. r. A. (). EFFLUENT LI IITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NCO026271 During the period beginning on the effective date of the permit and lasting until expiration, the Penmittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the penmittee as specified below: Effluent Characteristic. Flow BOD, 5 day, 200C** Total Suspended Residue`• NH3 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Pollutant Analysis`*** Discharge Limitation: Monthly Avg Weekly Avg. Daily Max 0.43 MGD 30.0 mg/I 45.0 mg/I 30.0 mg/I 45.0 mg/I 200.0 /100 ml 400.0 /100 ml * Sample locations: E - Effluent, I - Influent Monitoring Reaulrementa Measurement Sample *SamRle Freauencv Tvpe Locatlon Continuous Recording I or E Daily Composite E, I Daily Composite E, I Weekly Composite E Daily Grab E Daily Grab E Daily Grab E Quarterly Composite E Quarterly Composite E Annually E ** The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85 % removal). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified, for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. .2. Permittee shall at all times provide the -operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress. or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS • � 1,1�II • 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a: The "monthly average discharge" is defined as the total mass, of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the, number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sun, 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. Part H Page 2-of 14 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 PartI of the permit. 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 Units" 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 Units" 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 Units" 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. 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. Part If Page 3 of 14 f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following.distinct periods January through March, April through -June ; July through`September, and October_ through December::_ 7. Other Measurements a.. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of. the total daily flows . recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow. taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. 'Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample. shall consist of: (1) a -series of grab samples collected at equal time intervals over a 24. hour, period of discharge and combined proportional to the .rate of flow measured at the, time of individual sample collection, or (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 betweeninfluent 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. 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. 0 Part 11 Page 4 of 14 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. byFlow Value: Weighted by flow value means .the .summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day. A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions, 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. 1310 and 40 CFR 122.41 (a)] Part][[ . Page 5 of 14 c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be- assessed- against any person who violates or fails to act: in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6 (a)] The, permittee. shall take all. reasonable steps to minimize or prevent any discharge- 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, CA.) and "Power Failures" (Part 11, C.7.), nothing in this permit shall be construed to relieve the permittee . from any'responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential: damages,- such as fish kills, even though the responsibility for effective compliance. may be temporarily suspended. 4.- Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et,seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, -the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be .temporarily suspended. 5. Property Rights The issuance of .this permit does .not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws'or regulations. 6. Onshore- or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Seyerability 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 7.application of such provision to other circumstances, arid1he remainder of this permit, 'shall not be -affected thereby. . Part II Page 6 of 14 8. Duty to Provide Information The perminee 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, revolting and reissuing, or terminating this permit or to determine compliance with this permit. 'The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reannkv 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 Permi 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 discharge that has not. requested renewal at least 180 days prior: to -expiration, or any discharge, that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and .33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications, shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate.officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar'policy or decision making functions for the corporation, or (b). the manager of one or more manufacturing production or operating facilities employing more than 250 persons :or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned 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 Part II Page 7 of 14 equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may modified, revoked and reissued, or terminated for cause.The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination,, or a "notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits 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, 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. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. 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 an enforcement action that it would have been necessary to halt or reduce" the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean econornic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d: Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Part II . Page 9 of 14 (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'' ccurred during., normal periods of equipment downtime or preventive maintenance; and (c) The permitteesubmitted 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. 1Tnsets a.. Definition. "Upset " means an exceptional incident in whichthere 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 fora 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: (a) An upset occurred and -that the permittee can identify the causes) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) 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. Part II Page 10 of 14 Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters -shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters.of the State or navigable waters of -the United States.-. The permittee shall comply with all existing federal regulations, governing the disposal of sewage -sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the `Permitlssuing Authority -for the 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 incorporatethe requirement. The-permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices: 7. Power Failures The permittee' is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter.2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators -or . retention of inadequately treated effluent. 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted.by any other wastestream, body of water, or substance.' Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The fast 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 27687 Raleigh, North Carolina 27611 Part H Page 11 of 14 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 areconsistent 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. s"-M 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. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest .possible detection and;reporting.level) approved method must be used. 5. Penalties for Tampgrg 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. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or.sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used, and f. The results of such analyses. Part H Page 12 of 14 05MM-TIMORF.� The permittee shall allow- the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permitiee'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. 1. Change in Discharge All discharges authorized herein shall be consistent with -the terms -and conditio.ns.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). 3. Anticipated NoncomFliance 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. Part II Page 13. of.14 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. , Monitoring results must be reported on a Discharge` Monitoring. Report (DMR) (See Part II. D. 2. of this permit). 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, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time . the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if -'the noncompliance has not been corrected, the anticipated time- it 4s 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. (A) Any unanticipated bypass which exceeds any effluent limitation in ffie permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) 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 II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit. application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. Part II Page 14 of 14 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 first knowledge of the occurrence. 10. Availability of Re Except for data determined to be confidential under NCGS 143-215.3(a)(2) or -Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not ,be considered confidential. Knowingly making. any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Re 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. Rgquirements for Control of Pollutants Attributable to Industrial Users 1. -Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the pernuttee'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 ATSM standards D-93-79, D-93-80, or D-3278 (incorporated by reference, see 40 CFR 260.11). This prohibition does not apply to any aqueous solution containing less than 24 percent alcohol by volume which would otherwise be a hazardous waste under 40 CFR 261.21 by virtue of having a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade; b. Wastes which will cause corrosive structural damage to treatment works, and in no discharges with pH less than 5.0 standard units unless the system is specifically designed to accommodate such discharges; c. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment works; d. Wastewaters at a flow rate and/or pollutant concentration which will cause an inhibition or disruption of the POTW, its treatment processes, operation, or sludge use and disposal; e. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40°C (104°F) unless the works are designed to accommodate such heat; 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 quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the permittee with all applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all of the industries discharging to the municipal system. Part III 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 15 NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15 NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. 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. C. 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. D. Publicly Owned Treatment Works All POTWs must provide adequate notice to the Director of the following: 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. 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.