HomeMy WebLinkAboutNCC000002_Draft Permit_20201027 ROY COOPER -, 4=-
Governor •
MICHAEL S.REGAN
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 27,2020
Mr. David Springer,Chairman
Tar-Pamlico Basin Association
P.O. Box 1847
Greenville, North Carolina 27835
Subject: Draft NPDES Permit NCC000002
Tar-Pamlico Basin Association
Dear Mr. Springer:
The Division has reviewed your June 29,2020, application for renewal of the subject NPDES
permit,which governs the discharge of Total Nitrogen (TN) and Total Phosphorus (TP) from
the Association's member facilities to the Tar-Pamlico River and its tributaries.
The Division has made a tentative determination to issue the group permit. We are enclosing a
draft permit and fact sheet for your review and comment.
The Division is also inviting public comment on the permit and,toward that end,will submit a
notice to the newspapers of general circulation in the counties of the Tar-Pamlico River basin.
The notice is scheduled to be published on or about October 30th and will initiate a 30-day
comment period. Following the comment period,we will review all pertinent comments and
take appropriate action on the permit application.
Please provide your written comments on the draft permit to this office no later than
November 30th.
The attached draft permit contains the following changes:
• References to the Town of Creedmoor have been removed from the allocations table in
Appendix A,as the Town is no longer a member of the Association;and
• References to the Department have been updated to reflect its new name.
If you have any questions or would like to discuss the draft permit before submitting formal
comments,please call me at(919) 707-3603 or email me at mike.templeton@ncdenr.gov.
Sincerely,
Michael E. Templeton, P.E.
Enclosure:Draft permit NCC000002 and Fact Sheet
eCopies: NPDES Permitting Section,EPA Region 4
Heather Deck,Sound Rivers
Raleigh and Washington Regional Offices
Basin Planning Branch and WSS/ Ecosystems Unit
Copies: NPDES Unit Files
E/�-4 North Carolina Department of Environmental Quality I Division of Water Resources
�S)� 512 North Salisbury Street I 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
Permit No. NCC000002
DRAFT
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions 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,the
Tar-Pamlico Basin Association
and Its Co-Permittee Members
are hereby authorized to discharge Total Nitrogen and Total Phosphorus from the Co-Permittee
Member treatment facilities listed herein to receiving waters in the Tar-Pamlico River Basin in
accordance with effluent limitations,reporting requirements,and other conditions set forth in this
permit.
The conditions in this group permit supplement the conditions in the Co-Permittee Members'
individual NPDES wastewater permits. Together,the group and individual permits establish an
integrated set of nutrient control requirements to achieve the aims of the Tar-Pamlico Estuary Nutrient
TMDL (1995) in a manner consistent with the Tar-Pamlico Nutrient Sensitive Waters Implementation
Strategy,as revised. All conditions in the Co-Permittee Members' individual permits remain in full
effect except as specifically provided in those permits.
This permit shall become effective January 1,2021.
This permit and the authorization to discharge shall expire at midnight on December 31,2025.
Signed this day December XX,2020.
DRAFT
S. Daniel Smith,Director
Division of Water Resources
By Authority of the Environmental Management Commission
DRAFT Permit No. NCC000002
Certificate of Coverage
Page ii of ii
TABLE OF CONTENTS
CERTIFICATE OF COVERAGE i
PART I - SPECIAL CONDITIONS 1
SECTION A-WASTEWATER CONTROLS
A.(1.) DEFINITIONS 1
A.(2.) CO-PERMITTEES AND TN ALLOCATIONS 2
A.(3.) EFFLUENT LIMITATIONS 2
A.(4.) MONITORING REQUIREMENTS 3
A.(5.) REPORTING REQUIREMENTS 3
A.(6.) COMPLIANCE 4
PART II-STANDARD CONDITIONS 1
SECTION A-APPLICABILITY OF PARTS II& III 1
SECTION B- DEFINITIONS 1
SECTION C-GENERAL CONDITIONS 2
SECTION D-MONITORING AND RECORDS 5
SECTION E- REPORTING REQUIREMENTS 7
PART III - OTHER REQUIREMENTS 9
APPENDIX A - CO-PERMITTEES AND NUTRIENT ALLOCATIONS A-1
I
DRAFT Permit No. NCC000002
Part I,Page 1 of 5
PART I
SPECIAL CONDITIONS
A.(1.) DEFINITIONS
(a.) Agreement: The Tar-Pamlico Nutrient Sensitive Waters Implementation Strategy: Phase IV
Agreement, adopted July 9,2015,and subsequent revisions.
(b.) Active Allocation: Allocation that is included in calculation of nutrient load limits. Allocation
held by a permittee is active by default but may be designated as reserve allocation by the
Division or at the request of the permittee. (See also Reserve Allocation.)
(c.) Allocation (or "TN (or TP) Allocation"): (1) The mass quantity (as of TN or TP) that a discharger
or group of dischargers (such as the Association) is potentially allowed to release to surface
waters in a calendar year in accordance with the Tar-Pamlico Nutrient TMDL and Agreement. TN
(or TP) Allocations may be expressed as active or reserve allocation. (2) In practice,the term can
refer to a permittee's or group's allocation as a whole or to some portion of those values.
(d.) Association: The Tar-Pamlico Basin Association,a not-for-profit corporation consisting of
NPDES-permitted dischargers in the Tar-Pamlico River Basin;established voluntarily by its
members to work cooperatively to meet the aggregate TN and TP Allocations established in the
Tar-Pamlico Nutrient TMDL and the Agreement.
(e.) Co-Permittee Members: Those NPDES dischargers that in a given calendar year are members of
the Association and are listed in Appendix A of this permit.
(f.) Limitation(or"TN (or TP) Limit(ation)" or"TN (or TP) Load Limit(ation)"): The mass quantity,
such as of TN (or TP),specified in an NPDES permit as the maximum that an individual
discharger or group of dischargers is authorized to discharge to surface waters in a calendar year.
The TN (or TP) Limitation is the sum of active allocations held by an individual Co-Permittee
Member (in the case of individual limitations) or held in the aggregate by the Association and its
Co-Permittee Members (in the case of group limitations).
(g.) Load (or "TN (or TP) Load"): The actual mass quantity (as of TN or TP) that a discharger or
group of dischargers releases into surface waters of the Tar-Pamlico River Basin.
(h.) Regionalization: The consolidation of wastewater collection and/or treatment systems that
results in the elimination of one or more NPDES-permitted discharges.
(i.) Reserve Allocation: Allocation that is not included in the calculation of nutrient limits.The
Division may designate allocation as reserve when water quality-based effluent limitations are
established to prevent localized impacts and render that allocation inactive,when treatment of
the allocation as active would be inconsistent with the Tar-Pamlico Nutrient TMDL or the
Agreement; or at the request of the member or the association holding the allocation. (See also
Active Allocation,WQBELs.)
(j.) Total Maximum Daily Load (of TMDL): (1) Generally, the allowable load of a pollutant that can
be discharged to a water body without causing loss of that water's designated uses. (2) In the
context of this permit,refers to the 1995 nutrient TMDL for the Tar-Pamlico River Estuary,
approved by the U.S. Environmental Protection Agency on August 10,1995, and any subsequent
revisions approved by the EPA.
(k.) Total Nitrogen(TN): The sum of the organic,nitrate,nitrite, and ammonia species of nitrogen in
a water or wastewater.
(1.) Total Phosphorus (TP): The sum of the orthophosphate,polyphosphate and organic phosphate
species of phosphorus in a water or wastewater.
(m.) Water Quality-Based Effluent Limitations (WQBELs): Limitations calculated specifically to
ensure that a discharge does not cause an exceedance of water quality standards in waters
DRAFT Permit No.NCC000002
Part I,Page 2 of 5
upstream of the Pamlico Estuary. In the context of this permit,individual WQBELs pertain only
to Total Nitrogen and Total Phosphorus limits for individual co-permittee members.
A.(2.) CO-PERMITTEE TN AND TP ALLOCATIONS
(a.) Co-Permittees to this permit shall be the Tar-Pamlico Basin Association(the "Association")and
each of its Co-Permittee Members.The Co-Permittee Members,the Members'individual TN and
TP allocations/ limits,and the Association TN and TP allocations/ limits shall be as listed in
Appendix A,which is hereby incorporated into this permit in its entirety.
(b.) Upon timely and proper notification by the Association as described elsewhere in this permit or
in regulation,the Division shall revise Appendix A to incorporate changes in Association
membership,allowable changes in TN and TP allocations/ limits,or reapportionment of
allocations by the Association and the Co-Permittee Members.
(i.) Changes in membership.
(A) Enrollment. In the event that a discharger is admitted to the Association,the Division
shall add the discharger and its TN and TP allocations to Appendix A as a Co-
Permittee Member and adjust the Association's allocations/ limits accordingly.
(B) Termination. In the event that a Member ceases to be a Co-Permittee to this permit or
its membership is terminated,the Division shall delete the Member and its TN and TP
allocations from Appendix A and adjust the Association's allocations/ limits
accordingly.
(ii.) For the purposes of this permit,allowable changes in TN and TP allocations/ limits include
those resulting from purchase of allocation or offsets from the NC Agriculture Cost Share
Program or other authorized source;purchase,sale,trade,or lease of allocation among the
Association,its members,and non-member dischargers;regionalization;and other
transactions approved by the Division.
(iii.) The Association and its Co-Permittee Members may reapportion their TN and TP
allocations among themselves;however,the Division shall modify this permit to incorporate
the resulting changes into Appendix A only when specifically requested in writing by the
Association and after such changes have been incorporated into the affected individual
permits at the request of the permittees.
(c.) For the purposes of this permit,Association membership,individual or Association TN and TP
allocations and associated limits,and allocation status (active or reserve) are effective on a
calendar year basis,and any changes shall become effective no sooner than January 1 of the
following calendar year.
A.(3.) EFFLUENT LIMITATIONS
(a.) Beginning on the effective date of this permit and lasting no later than the expiration date,the Co-
Permittees are authorized to discharge Total Nitrogen(TN)and Total Phosphorus (TP)from the
treatment facilities listed in Appendix A subject to the following effluent limitations.
(i.) For the purposes of this permit,compliance with TN and TP Limitations shall be
determined separately,and non-compliance with a TN Limitation shall not signify non-
compliance with the corresponding TP Limitation,and vice versa.
(ii.) Association TN and TP Limitations. In any calendar year,the Association's TN and TP
Loads shall not exceed its TN or TP Limitations as specified in Appendix A.
(iii.) Co-Permittee Member TN and TP Limitations. In any calendar year,a Co-Permittee
Member shall be in compliance with its TN (or TP) Limitation in Appendix A if:
(A) the Association TN (or TP) Load does not exceed the Association TN (or TP)
Limitation in Appendix A,or
DRAFT Permit No. NCC000002
Part I, Page 3 of 5
(B) in the event that the Association TN (or TP) Load exceeds its TN (or TP) Limitation,
the Co-Permittee Member's individual TN (or TP) Load does not exceed that Member's
TN (or TP) Limitation in Appendix A.
(b.) Individual WQBELs: If the Division determines that a Co-Permittee Member's TN or TP
discharge has reasonable potential to cause localized water quality impacts upstream of the Tar-
Pamlico estuary, it may further restrict the discharge of the nutrient(s) of concern to prevent the
localized impact. The Division will then propose to incorporate the new limit(s) into the
Member's individual NPDES permit and this group permit according to standard permitting
procedures. Once an individual WQBEL becomes effective in this group permit, the Member is
subject to the new limit in lieu of the Association TN or TP Limit.
(c.) Other Individual Limitations. In the event that a Co-Permittee Member's membership in the
Association is terminated, the departing Member shall no longer be eligible for coverage under
this permit and shall become subject to the TN and TP limitations set forth in its individual
NPDES permit.
(i.) Termination of co-permittee status and re-imposition of a discharger's individual TN and
TP limitations shall become effective only at the beginning of a calendar year (January 1).
(ii.) The Association shall notify the Division if it determines that any Member will depart at the
end of a calendar year and shall provide an accounting of all allowable changes in the
Member's TN and TP Allocations since the most recent issuance of the departing Member's
individual NPDES permit.
(iii.) Upon receipt of the notification and accounting described above, the Division shall modify
the TN and TP limitations in the departing Member's individual NPDES permit as
necessary, effective January 1 of the succeeding year, to reflect all allowable changes in the
outgoing Member's TN and TP Allocations,and shall also modify Appendix A of this
permit accordingly.
A.(4.) MONITORING REQUIREMENTS
(a.) Each Co-Permittee Member shall continue to monitor its discharge(s) and report the results to the
Division as specified in its individual NPDES permit.
(b.) The Association shall assemble the results of its Co-Permittee Members and report the combined
results to the Division as specified in Condition A.(5.),below.
A.(5.) REPORTING REQUIREMENTS
(a.) The Association shall serve as the primary point of contact between the Division and the Co-
Permittee Members on matters related to this permit,unless otherwise noted. The Association's
responsibilities in this regard include:
(i.) preparation and submittal of any reports required by this permit or of related information
requested by the Division;
(ii.) submittal of any request for modification or renewal of this permit;and
(iii.) distribution to the Co-Permittee Members of correspondence from the Division,including
but not limited to that pertaining to permit issuance, modification,and renewal;compliance;
and reporting.
(b.) Notification of Membership/ Allocation Changes. No later than July 1 of each year,the
Association shall request,as necessary and in writing,modification of this permit to reflect
changes in membership or in TN or TP allocations to become effective in the following calendar
year. The Association may revise its request through proper written notification.
(c.) Year-End Report. No later than March 31 of each year, the Association shall submit a year-end
report to the Division. The report shall include, at a minimum, the following information for the
previous calendar year:
DRAFT Permit No. NCC000002
Part I,Page 4 of 5
(i.) a tabular summary of the total and individual TN and TP Loads discharged by the
Association and its Co-Permittee Members during the year;
(ii.) a summary of changes in Association membership;and
(iii.) a summary of all regionalization of discharges,purchases,sales,trades,leases,and other
transactions affecting the TN or TP Allocations of the Association or its Co-Permittee
Members.
(d.) Annual Loading Projections;Progress Reports. If the Association exceeds 85% of its TN or TP
limitation in any calendar year,the Association shall,no later than July 1 of the following year,
develop annual loading projections of its co-permittee members' discharges,evaluate the
effectiveness of the members' nutrient controls,identify improvements sufficient to ensure
continued compliance with the nutrient limits,and submit to the Division a report of its findings,
proposed treatment improvements and related actions,and a timeline for implementing the
proposed measures. If necessary controls cannot be implemented in time to prevent exceedance
of the existing TN or TP limitation,the Association shall purchase offset credit(s)in advance
according to Condition A.(6.)(b.),below.
(e.) Five-Year Report. No later than July 1,2020,in conjunction with application for renewal of this
permit,the Association shall submit a 5-year report to the Division.The report shall include,at a
minimum,the following information:
(i.) a detailed summary of all membership changes and allowable changes in TN and TP
Allocations of the Association or its Co-Permittee Members occurring during the term of
this permit;
(ii.) a description of the Association's nutrient control strategy during that time;
(iii.) a summary of substantial new measures undertaken during that time to control nutrient
discharges;
(iv.) a general assessment of progress made;and
(v.) a description of efforts planned for the upcoming permit term,if known.
A.(6.) COMPLIANCE
(a.) In the event that the Association exceeds its TN or TP Limitation in a given calendar year,the
Association shall,no later than July 1 of the following year,make full and sufficient payment to
the NC Agriculture Cost Share Program or other agent approved by the Division to acquire offset
credits for the excess load(s) and provide documentation of the credits to the Division's
Wastewater Branch.
(b.) If the annual loading projections developed for Condition A.(5.)(d.),above,indicate that the
Association will likely exceed its TN or TP limitation in the coming year,the Association shall
also,no later than July 1 of the current year:
(i.) acquire sufficient credits to offset the projected exceedance(s),and
(ii.) provide documentation of the credits to the Division's Wastewater Branch along with a
written request and applicable fee for modification of this permit for the purpose of adding
the acquired credits to the Association allocations/ limits in Appendix A.
(c.) For any calendar year in which the Association exceeds its TN or TP limitation,the Association
shall be in violation of this permit,and the Division may take appropriate enforcement action
against the Association.
(d.) For any calendar year in which the Association exceeds its TN or TP limitation,any Co-Permittee
Member that exceeds its corresponding limitation shall also be in violation of this permit,and the
Division may take appropriate enforcement action against the Member for such exceedance.
(e.) For any calendar year in which a Co-Permittee Member exceeds an individual TN (or TP)
WQBEL applied to it,the Member shall be in violation of this permit,regardless of Association
DRAFT Permit No. NCC000002
Part I,Page 5 of 5
compliance, and the Division may take appropriate enforcement action against the Member for
such exceedance.
(f.) Submittal of offset payments shall not limit the Division's authority to enforce the terms and
conditions of this permit nor shall it relieve the Association or its Co-Permittee Members of their
responsibility to comply with any other applicable federal,state,or local law,rule, standard,
ordinance, order,judgment, or decree. In determining the amount of any penalty to be assessed
against the Association or its Co-Permittee Members, the Division shall credit the Association or
its Members for any offset payments submitted by each,provided that the Association includes
with the offset payment submittal an accounting of each Member's contribution.
(g.) No Co-Permittee Member shall be liable for any other Co-Permittee Member's non-compliance
with this permit.
A.(7.) CALCULATION OF MASS LOADS
For the purposes of this permit,monthly and annual TN and TP Loads shall be calculated as follows:
(a.) Individual Facility Monthly TN (or TP) Load (lb/mo) =TN (or TP) x TMF x 8.34
where:
TN or TP = the average Total Nitrogen or Total Phosphorus concentration
(mg/L) of the composite samples collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month (MG/mo)
8.34 = conversion factor,from (mg/L x MG) to pounds
(b.) Individual Facility Annual TN (or TP) Load (lb/yr) =Sum of the 12 Monthly TN (or TP) Loads for
the calendar year
(c.) Combined Annual TN (or TP) Load (1b/yr) =Sum of All Members' TN or (TP) Loads for the
calendar year
-END OF PART I-
DRAFT Permit No. NCC000002
Appendix A
Page 1 of 1
APPENDIX A
TAR-PAMLICO BASIN ASSOCIATION
MEMBERS/CO-PERMITTEES AND NUTRIENT ALLOCATIONS/LIMITS
Total Nitrogen Total Phosphorus
Member/ Co-Permittee Permit Facility Allocations/Limits Allocations/Limits
(kg/yr) (Ib/yr)1 (kg/yr) (Ib/yr)1
1. Belhaven,Town of NC0026492 Belhaven WWTP 6,469 14,261 1,169 2,577
2. Bunn,Town of NC0042269 Bunn WWTP 1,941 4,278 351 773
3. Enfield,Town of NC0025402 Enfield WWTP 6,469 14,261 1,169 2,577
4. Franklin County NC0069311 Franklin County WWTP 19,407 42,784 3,507 7,732
5. Greenville Utilities Commission NC0023931 GUC WWTP 113,206 249,576 20,458 45,103
6. Louisburg,Town of NC0020231 Louisburg WWTP 8,862 19,538 1,602 3,531
7. Oxford,City of NC0025054 Oxford WWTP 22,641 49,915 4,092 9,021
8. Pinetops,Town of NC0020435 Pinetops WWTP 1,941 4,278 351 773
9. Robersonville,Town of NC0026042 Robersonville WWTP 11,644 25,671 2,104 4,639
10. Rocky Mount,City of NC0030317 Tar River Regional WWTP 135,847 299,491 24,550 54,124
11. Scotland Neck,Town of NC0023337 Scotland Neck WWTP 4,367 9,626 789 1,740
12. Spring Hope,Town of NC0020061 Spring Hope WWTP 2,588 5,705 468 1,031
13. Tarboro,Town of NC0020605 Tarboro WWTP 32,345 71,307 5,845 12,887
14. Warrenton,Town of NC0020834 Warrenton WWTP 12,938 28,523 2,338 5,155
15. Washington,City of NC0020648 Washington WWTP 23,611 52,054 4,267 9,407
TOTAL ALLOCATIONS 404,274 891,271 73,060 161,070
Association Limits 2 891,271 161,070
Footnote:
1. For the purposes of this permit,1 kg=2.20462 lb.Values in the table are displayed to the nearest whole kg/yr or lb/yr.
2. Association Limits may differ from the apparent sums of individual values due to the effects of rounding.
1
DRAFT Permit No. NCC000002
Parts II&III
Page 1 of 9
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A-APPLICABILITY OF PARTS II AND III
Parts II and III of this permit contain standard conditions that apply specifically to individual permittees
that own or operate a treatment facility.These (or similar)conditions are routinely found in North
Carolina's NPDES wastewater permits,including those of the Tar-Pamlico Basin Association's co-permittee
members.The conditions do not necessarily apply to the Association or its members within the context of
this group permit.The group permit includes those standard conditions that apply here at least in part.For
the purposes of determining compliance with this permit,these conditions shall be read with the following
understanding:
a. The Tar-Pamlico Basin Association serves as a governing body for its Members. It neither owns nor
operates treatment facilities. Consequently,the standard conditions in Parts II and III of this permit
which by their terms or meaning regulate a permittee that owns or operates a treatment facility,or
which are inconsistent with the Special Conditions in Part I of this permit,shall neither be applicable to
nor enforceable against the Association.
b. Each of the Co-Permittee Members governed by this Association permit owns or operates one or more
treatment facilities. Each holds an individual NPDES permit for each facility and remains subject to the
standard conditions in its permit(s). Consequently, the standard conditions in this Association permit
shall neither be applicable to nor enforceable against the individual Co-Permittee Members under this
group permit unless such is clearly consistent with the construction of the permit.
c. Wherever a standard condition in this Association permit is by its terms or meaning applicable to the
Association or to the membership in its entirety,and it refers to "the permittee," it shall be construed to
mean the Association and its Co-Permittee Members.
SECTION B-DEFINITIONS
1. Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33
USC 1251,et. seq.
2. DWR or"the Division"
The Division of Water Resources,Water Quality Programs,Department of Environmental Quality.
3. EMC
The North Carolina Environmental Management Commission.
4. EPA
The United States Environmental Protection Agency.
5. Permit Issuing Authority
The Director of the Division of Water Resources.
DRAFT Permit No. NCC000002
Parts II&III
Page 2 of 9
SECTION C-GENERAL CONDITIONS
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a
violation of the CWA and is grounds for enforcement action;for permit termination,revocation and
reissuance,or modification;or denial of a permit renewal application[40 CFR 122.411
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)
of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established
under section 405(d)of the CWA 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 CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of the
Act,or any permit condition or limitation implementing any such sections in a permit issued under
section 402,or any requirement imposed in a pretreatment program approved under sections
402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each
violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or
405 of the Act,or any condition or limitation implementing any of such sections in a permit issued
under section 402 of the Act,or any requirement imposed in a pretreatment program approved
under section 402(a)(3)or 402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per
day of violation,or imprisonment of not more than 1 year,or both.In the case of a second or
subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not
more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [33
USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations 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.In the case of a second or subsequent conviction for a knowing violation,a person
shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment
of not more than 6 years,or both. [33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 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,and who knows at that time that he thereby places another person in imminent
danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of not more than
$250,000 or imprisonment of not more than 15 years,or both. In the case of a second or subsequent
conviction for a knowing endangerment violation,a person shall be subject to a fine of not more
than$500,000 or by imprisonment of not more than 30 years,or both.An organization,as defined in
section 309(c)(3)(B)(iii)of the CWA,shall,upon conviction of violating the imminent danger
provision,be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for
second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 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. [North Carolina General Statutes§143-215.6A1
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301,302,306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of this Act.Administrative penalties for Class I
violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty
assessed not to exceed$37,500.Penalties for Class II violations are not to exceed$16,000 per day for
each day during which the violation continues,with the maximum amount of any Class II penalty
not to exceed$177,500. [33 USC 1319(g)(2)and 40 CFR 122.41(a)(3)]
DRAFT Permit No. NCC000002
Parts II& III
Page 3 of 9
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or
the environment[40 CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing" (Part II.C.4),"Upsets" (Part II.C.5) and"Power
Failures" (Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any
responsibilities,liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or
Section 309 of the Federal Act,33 USC 1319. Furthermore,the Permittee is responsible for consequential
damages,such as fish kills,even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
Permittee from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore,the
Permittee is responsible for consequential damages,such as fish kills,even though the responsibility for
effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,or
any exclusive privileges,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 [40 CFR 122.41(g)].
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. 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 [NCGS 150B-23].
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 by
this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this
permit,the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date,the Permittee shall submit such information,
forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to
the expiration date unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the existing
permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to
expiration,or any Permittee that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as
provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
1
DRAFT Permit No. NCC000002
Parts II&III
Page 4 of 9
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and
certified [40 CFR 122.41(k)].
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,provided,the manager is authorized to make
management decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations,and initiating
and directing other comprehensive measures to assure long term environmental compliance
with environmental laws and regulations;the manager can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for permit application
requirements;and where 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[40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority
shall be signed by a person described in paragraph a.above or by a duly authorized representative
of that person.A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity,such as the position of plant manager,
operator of a well or well field,superintendent,a position of equivalent responsibility,or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
c. Changes to authorization:If an authorization under paragraph(b)of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of the
facility,a new authorization satisfying the requirements of paragraph(b)of this section must be
submitted to the Director prior to or together with any reports,information,or applications to be
signed by an authorized representative [40 CFR 122.22]
d. Certification.Any person signing a document under paragraphs a.or b.of this section shall make
the following certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEI'I hD:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true,accurate, and complete.I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by
the Permittee for a permit modification,revocation and reissuance,or termination,or a notification of
planned changes or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)].
DRAFT Permit No. NCC000002
Parts II&III
Page 5 of 9
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 02H.0100;and North Carolina General
Statute 143.215.1 et.al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days
after being billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A
NCAC 02H.0105(b)(2)may cause this Division to initiate action to revoke the permit.
SECTION D-MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken,as required herein,shall be representative of the permitted
discharge.Samples collected at a frequency less than daily shall be taken on a day and time that is
representative of the discharge for the period 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 [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s)shall be summarized for each month and
reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1,1.1,2,3)or alternative forms
approved by the Director,postmarked no later than the last calendar day of the month following the
completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a
new facility,on the last day of the month following the commencement of discharge.Duplicate signed
copies of these,and all other reports required herein,shall be submitted to the following address:
NC DEQ/ Division of Water Resources/ Water Quality Permitting 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 is 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.Flow measurement devices shall be accurately
calibrated at a minimum of once per year and maintained to ensure that the accuracy of the
measurements is consistent with the accepted capability of that type of device.The Director shall
approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow 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.
DRAFT Permit No. NCC000002
Parts II&III
Page 6 of 9
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division.Permittees should contact the
Division's Laboratory Certification Section(919 733-3908 or https:/I deq.nc.gov/about/divisions/water-
resources)for information regarding laboratory certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the
appropriate field parameter laboratory certifications.
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 CWA(as amended),and 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[40 CFR 122.41].
To meet the intent of the monitoring required by this permit,all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated
must be reported down to the minimum detection or lower reporting level of the procedure.If no
approved methods are determined capable of achieving minimum detection and reporting levels below
permit discharge requirements,then the most sensitive(method with the lowest possible detection and
reporting level)approved method must be used.
5. Penalties for Tampering
The CWA 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[40 CFR 122.41].
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
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained 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
[40 CFR 122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall
record the following information[40 CFR 122.41]:
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.
DRAFT Permit No. NCC000002
Parts II&III
Page 7 of 9
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law,to;
a. Enter,at reasonable times,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 CWA,any substances or parameters at any location [40 CFR 122.41(i)].
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 [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40
CFR 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 subject neither to effluent limitations in the
permit,nor to notification requirements under 40 CFR 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal
practices,and such alteration,addition or change may justify the application of permit conditions
that are different from or absent in the existing permit,including notification of additional use or
disposal sites not reported during the permit application process or not reported pursuant to an
approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility
or other activities that might result in noncompliance with the permit[40 CFR 122.41(l)(2)].
4. Transfers
Thispermit is not transferable to anyperson withoutprior written notice to and approval from the
PP
Director in accordance with 40 CFR 122.61.The Director may condition approval in accordance with
NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and
reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such
other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR
122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or
forms provided by the Director for reporting results of monitoring of sludge use or disposal
practices.
1
DRAFT Permit No. NCC000002
Parts II&III
Page 8 of 9
b. If the Permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge,the results of such monitoring shall be
included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public 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 [40 CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if
the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at(800)662-7956,(800)858-0368 or(919)733-3300.
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[40 CFR 122.41(1)(7)].
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[40 CFR 122.41(1)(8)].
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 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 within 5 days following
first knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of
this permit.
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.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.
DRAFT Permit No.NCC000002
Parts II&III
Page 9 of 9
11. Penalties for Falsification of Reports
The CWA 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$25,000 per violation,or by imprisonment for not more than two
years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide
an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee
(NCGS 143-215.1C).The report shall summarize the performance of the collection or treatment system,
as well as the extent to which the facility was compliant with applicable Federal or State laws,
regulations and rules pertaining to water quality.The report shall be provided no later than sixty days
after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation.
The report shall be sent to:
NC DEQ/ Division of Water Resources/ Water Quality Permitting Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
PART III
OTHER REQUIREMENTS
SECTION A-CONSTRUCTION
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's
treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the
Division has issued an Authorization to Construct(AtC)permit or(2)the Permittee is exempted from
such AtC permit requirements under Item b.of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a
contract for the construction,installation,or alteration of any treatment work or disposal system or to
construct,install,or alter any treatment works or disposal system within the State when the system's or
work's principle function is to conduct,treat,equalize,neutralize,stabilize,recycle,or dispose of
industrial waste or sewage from an industrial facility and the discharge of the industrial waste or
sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the
waters of the State. Notwithstanding the above,the permit issued for the discharge may be modified if
required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have
been submitted by the Permittee and approved by the Division.
-END OF PARTS II&III-
I
.40 STATE co • Fact Sheet - NPDES Permit
3 Tar-Pamlico Basin Association
•� ,vo• NPDES No. NCC000002
NORTH CAROLINA Draft Permit
Environmental Quality October 27, 2020
PROPOSED ACTION
By its letter of June 29, 2019, the Tar-Pamlico Basin Association and its member facilities applied for
renewal of the subject NPDES permit governing the group's collective discharge of Total Nitrogen
and Total Phosphorus to the Tar-Pamlico River and estuary.
The Division finds the Association's application to be acceptable and,has made a tentative
determination to renew the group permit, and has prepared a draft permit for public review.
The Division will publish a notice of this determination in the principle newspaper for each county
in the river basin on or about October 30, 2020,and will accept comments on the draft permit for 30
days following publication. After the close of the public comment period,the Division will consider
all pertinent comments and make a final determination regarding this permit action.
INTRODUCTION
Nutrient Controls.
In December 1989,responding to the estuary's nutrient problems, the NC Environmental
Management Commission (EMC) designated the Tar-Pamlico River basin as Nutrient Sensitive
Waters (NSW), requiring a basin-wide nutrient strategy. The first phase of the strategy largely
targeted wastewater treatment plants and other point sources. Of these,a coalition of 16 dischargers
known as the Tar-Pamlico Basin Association(TPBA) accounted for 93% of the permitted flows in
the basin. The Phase I (1990-1994) Agreement among the Division, the TPBA, and other parties,
included a nutrient'trading' program between point and nonpoint sources that served as a
nationwide model of innovation.
Modeling of the estuary was completed in 1993, and the results documented in the December 1994
Tar-Pamlico River Basinwide Water Quality Management Plan. Nutrient reduction targets required
that Total Nitrogen(TN) loads to the estuary (1991 baseline) be reduced by 30 percent and that
Total Phosphorus (TP) loads be held at baseline levels. The reduction targets were used to calculate
group caps for nitrogen and phosphorus for point sources in the basin. The Division provided the
Basinwide Plan to the U.S. EPA,and the EPA approved the document as a Nutrient TMDL in 1995.
The nutrient control strategy has been revised and updated periodically since the first Agreement
(Phase I) was established in 1989. The most recent Agreement (Phase IV) was approved by the
Environmental Management Commission on July 9,2015, and expires December 31,2024.
Portions of the estuary remain on the 303(d) list based on exceedance of the 40 µg/L chlorophyll a
criterion.
Nutrient Limits for Point Sources.
The Agreement was long the mechanism by which the group caps on point source nutrient
discharges were governed. In the 2009 permit cycle, the EPA expressed concern that the Agreement
did not provide enforceable nutrient limits and accountability among the Association members.
The Division worked with the TPBA to divide the group caps among the members. In the 2014
renewal, it added nutrient limits to the members' individual NPDES permits based on the
FACT SHEET Tar-Pamlico Basin Association
DRAFT NPDES PERMIT NPDES No. NCC000002
members' individual TN and TP allocations.The permits included a compliance date of January 1,
2016 for the nutrient limits.
The Association applied for and obtained a group permit to govern total nitrogen and total
phosphorus in a collective fashion.The group permit became effective on January 1,2016.Group
limits in the permit replace those in the members' individual permits so long as the Association as a
whole meets its group limits. In this way,the permit preserves the group compliance approach that
has been the hallmark of the nutrient strategy since it was first developed.The permit also includes
individual limits for each member that become effective under certain circumstances to address the
EPA's enforcement concerns.
PERMIT OVERVIEW
Co-Permittees
The Tar-Pamlico Basin Association("TPBA," or the"Association")is a not-for-profit corporation
established in North Carolina.The Association provides a framework in which its members can
work collectively to meet point source nutrient targets in the basin.
The Association's members are municipal wastewater utilities. All members discharge under
existing individual NPDES permits. In 2015,the City of Creedmoor was accepted as a member in
anticipation of its establishing a new discharge in the Tar-Pamlico basin.The City later decided not
to pursue that option.The TPBA modified its by-laws to limit its members to be NPDES permit-
holders. As a result,the City no longer qualified and is no longer a member of the Association.
Scope of the Permit
The Association and its members are co-permittees under the group permit. In general,the
Association serves as the contact between the Division and the co-permittee members in matters
pertaining to this permit.
The group permit governs the collective discharge of Total Nitrogen and Total Phosphorus from
the co-permittees to the estuary consistent with the Agreement and the approved nutrient TMDL.
Requirements in this permit supplement those in the co-permittee members' individual NPDES
permits but do not replace those requirements except where specifically stated.
Each member's individual NPDES permit remains in effect and continues to govern the other
parameters of concern for that discharge.
PROPOSED EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
The group permit includes effluent limitations for TN and TP,monitoring and reporting
requirements,and other special conditions to complement those already found in the members'
individual permits.The nutrient conditions in all of the permits are designed to implement the
approved Nutrient TMDL and the Phase IV Agreement.
Effluent Limitations
Group and Individual TN Limitations
Appendix A of the permit contains (1) the roster of Co-Permittee Members in the Association, (2)
the TN and TP allocations/ limits for each member,and(3) the TN and TP allocations/ limits for
the Association as a whole.The nutrient allocations are expressed both in metric units,as they have
been in the Agreements,and in English units.The group's nutrient limits are expressed in English
units.
All allocations/limits are annual mass limits and apply to a calendar year period.
-2-
FACT SHEET Tar-Pamlico Basin Association
DRAFT NPDES PERMIT NPDES No. NCC000002
The group caps will remain in effect and be fully enforceable at all times.So long as the Association
does not exceed its TN or TP cap in a given calendar year, the members are deemed to be in
compliance with their individual limits for that nutrient. If the Association exceeds either group
cap,the members' individual limits for that nutrient will become effective and those members that
contributed to the exceedance are subject to enforcement for their individual exceedances. In the
event of a group exceedance,the Association and its members are also required to purchase
nutrient offset credits to mitigate the impact of the excess nutrient load to the estuary.
Changes in Membership or TN Allocations
The TN and TP allocations of the co-permittee members can change as the result of purchases,sales,
trades,leases,and other transactions. Any such changes would result in similar changes in the
Association's group allocations. Changes in membership also affect the Association's allocations
due to the addition or subtraction of the member's allocation from the group total.
Whenever changes in the allocations or the membership occur, Appendix A of the permit must be
modified in order to formally incorporate those changes and adjust the enforceable limits in the
permit.
The TN and TP allocations/ limits are expressed as calendar year values; therefore,any
adjustments can become effective only at the beginning of the calendar year (January 1) following
the transaction or membership change. The Association will notify the Division each year of
proposed changes in Appendix A (see Reporting Requirements,below).
Initial Co-Permittee Members
The Association currently includes the following co-permittee members and facilities:
Permit Co-Permittee Member Facility
1. NC0026492 Belhaven,Town of Belhaven WWTP
2. NC0042269 Bunn,Town of Bunn WWTP
3. NC0025402 Enfield,Town of Enfield WWTP
4. NC0069311 Franklin County Franklin County WWTP
5. NC0023931 Greenville Utilities Commission GUC WWTP
6. NC0020231 Louisburg,Town of Louisburg WWTP
7. NC0025054 Oxford,City of Oxford WWTP
8. NC0020435 Pinetops,Town of Pinetops WWTP
9. NC0026042 Robersonville,Town of Robersonville WWTP
10. NC0030317 Rocky Mount,City of Tar River Regional WWTP
11. NC0023337 Scotland Neck,Town of Scotland Neck WWTP
12. NC0020061 Spring Hope,Town of Spring Hope WWTP
13. NC0020605 Tarboro,Town of Tarboro WWTP
14. NC0020834 Warrenton,Town of Warrenton WWTP
15. NC0020648 Washington,City of Washington WWTP
The nutrient allocations/ limits for each member are included in Appendix A of the permit. Future
versions of the table will also identify any changes in the individual or group allocations as the
result of approved changes.
-3-
FACT SHEET Tar-Pamlico Basin Association
DRAFT NPDES PERMIT NPDES No. NCC000002
Monitoring Requirements
All members of the Association are required under their individual NPDES permits to monitor TN
and TP on a regular basis and report the results in their Discharge Monitoring Reports (DMRs).The
group compliance permit does not duplicate these monitoring requirements nor require additional
nutrient monitoring.The Association will continue to compile the monitoring results of its
members and report its annual loads to the Division on an annual basis.
Instream monitoring is not required under this permit.However,the Association is also a
monitoring coalition and,by separate agreement with the Division,conducts instream monitoring
of nutrients and other parameters of concern.
Reporting Requirements
Each member continued to report its nutrient monitoring results on its individual DMRs. The
Association is not required to duplicate these detailed reports.
The Association submits year-end,annual projection,and 5-year reports on its activities to the
Division.The year-end report(due March 31 of each year) includes an accounting of the
Association's and its members'TN discharges for the previous calendar year for compliance
purposes. It also includes a list of transactions,if any,completed during that period and affecting
TN or TP allocations,an assessment of progress made,and planned activities for the coming year.
The annual projections report(due July 1 after any year in which the Association exceeded 85% of
its TN or TP limit) estimates future loadings,identifies needed improvements in its members'
nutrient controls,and proposes a timeline for improvements. If necessary,the Association will
purchase offset credits to prevent any limits exceedance, document those credits in the report,and
request modification of its permit to incorporate the offsets in its allocations/ limits.The 5-year
report(due July 1,2020,that is,with its application for renewal)is intended to ensure that the
Division and the Association agree on the group and individual allocations at the end of the permit
term.
Compliance
If,despite its annual projections and purchase of offset credits,the Association exceeds its TN or TP
limit in any calendar year,it is required to make offset payments to the NC Agricultural Cost-Share
Program for the exceedance(s).These offsets notwithstanding,the Division may then take
appropriate enforcement action against the Association or its co-permittee members or both as it
considers necessary and appropriate to address the exceedance.
In the event that the group exceeds one or both nutrient limits,the members' individual nutrient
limits for the affected nutrient(s)become effective,and the Division may also initiate enforcement
actions against those members that exceed their individual limits.
OTHER SPECIAL CONDITIONS
Calculation of Mass Loads. The permit includes a special condition describing how Total Nitrogen
and Total Phosphorus mass loads are to be calculated.This mirrors the condition in the members'
individual permits.
-4-
AVAPermit Review Sheet
Tar-Pamlico Basin Association
NCDENR
N
ENVIRONMENT ENO NATURAL RESOURCES NPDES No. NCC000002
PERMIT REVIEW
Please review the attached draft permit package and provide comments and/or concurrence at
least one week before the close of the public comment period (below).
If you have any questions on this fact sheet, the draft permit,or other attachments,please
contact Mike Templeton at mike.templeton@ncdenr.gov or at (919) 707-3603.
PROPOSED SCHEDULE FOR PERMIT ISSUANCE
Draft Permit to Public Notice: October 30,2020
End of Comment Period: November 30,2020
Permit Scheduled for Issuance: December 15,2020
Scheduled Effective Date: January 1,2021
NPDES Recommendation by: 10/27/2020
Signature Date
REGIONAL OFFICE COMMENTS This space is used by the regional office personnel to identify specific
concerns in reference to issuance of the subject permit.Attach
additional sheets as needed.
Regional Recommendation by:
Signature Date
REVIEWED AND ACCEPTED BY:
Regional Supervisor:
Signature Date
NPDES Unit Supervisor:
Signature Date