HomeMy WebLinkAboutNCG080078_Regional Office Historical File Pre 2018Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2002
TRENT PROPST
PROPST BROTHERS DISTRIBUTORS
P O BOX 949
CONCORD, NC 28025
Subject: NPDES Stormwater Permit Renewal
Propst Brothers Distributors
COC Number NCG080078
Cabarrus County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG080000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
A new Certificate of Coverage
A copy of General Stormwater Permit NCG080000
A copy of a Technical Bulletin for the general permit
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
If you have any questions regarding this permit package please contact Delonda Alexander of the Central Office
Stormwater and General Permits Unit at (919) 733-5083, ext. 584
cc: Central Files
Stormwater & General Permits Unit Files
Mooresville Regional Office
Sincerely,
Bradley Bennett, Supervisor
Stormwater and GeneralrtsliJt.:;;;;:;
AUG 2 9 2002
eI I
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1-800-623-7748
if, C• Dzrr. OF NA7749
COMMUNITY D.AND ` ;r�
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DIVISION OF ERVIRONmENTAL UMDEA
MOORESVILLE RLSIONAL'Off0y,
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
March 29, 1993
Trent Propst
P O Box 949
Concord, NC 28052
Subject: General Permit No. NCG080000
Propst Brothers Distributors, Inc.
COC NCG080078
Cabarrus County
Dear Mr. Propst:
In accordance with your application for discharge permit received on November 23, 1992, we
are forwarding herewith the subject certificate of coverage to discharge under the subject state -
NPDES general permit. Issuance of this certificate of coverage supercedes the individual NPDES
permit No. NC0040142. 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 request an individual permit by submitting an individual
permit application. Unless such demand is made, this certificate of coverage shall be final and
binding.
Please take notice that this certificate of coverage is not transferable except after notice to the
Division of Environmental Management. The Divsion of Environmental Management may require
modification or revocation and reissuance of the certificate of coverage.
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.
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
If you have any questions concerning this permit, please contact Ms. Susan Robson at telephone
number 919/733-5083.
Sincerely,
Original Signed 8v
Coleen H. Sullins
A. Preston Howard, Jr.
Director
cc:
Mooresville Regional Office
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DMSION OF ENVIRONMENTAL MANAGEMENT
STORMWATER DISCHARGES
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,
Propst Brothers Distributors, Inc.
is hereby authorized to continue operation of an oil/water separator and discharge stormwater from a facility located at
145 Kerr Street
Concord
Cabarrus County
to receiving waters designated as an unnamed tributary to Irish Buffalo Creek in the Yadkin River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III
and IV of General Permit No. NCG080000 as attached
This certificate of coverage shall become effective March 29, 1993
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day March 29, 1993
Original Signed By
Coleen H. Sullins
A. Preston Howard, Jr., P.E., Acting Director
Division of Environmental Management
By Authority of the Environmental Management Commission
1
SOC PRIORITY PROJECT: No
If Yes, SOC No. N/A
To: Permits and Engineering Unit
Water Quality Section
Attention: Susan Robson
Date: December 16, 1992
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Cabarrus
NPDES Permit No.: NC0040142
MRO No.: 92-196
PART I - GENERAL INFORMATION
1. Facility and Address: Propst Brothers Distributors, Inc.
Post Office Box 949
Concord, N.C. 28052
2. Date of Investigation: December 15, 1992
3. Report Prepared By: Michael L. Parker, Environ. Engr. II
4. Person Contacted and Telephone Number: Trent Propst, (704)
788-2102
5. Directions to Site: Propst Brothers Distributors is located
at 145 Kerr Street on the west side of the City of Concord.
6. Discharge Point(s), List for all discharge Points: -
Latitude: 350 24' 38"
Longitude: 80' 3535"
Attach a USES Map Extract and indicate treatment plant site
and discharge point on map.
USES Quad No.: F 16 NE
7. Site size and expansion area consistent with application:
Yes.
8. Topography (relationship to flood plain included): The site
is not located within a flood plain.
9. Location of Nearest Dwelling: Several dwellings and/or
structures located within 500 feet of the site.
Page Two
10. Receiving Stream or Affected Surface Waters: Unnamed
tributary to Irish Buffalo Creek
a. Classification: C
b. River Basin and Subbasin No.: Yadkin 030712
C. Describe receiving stream features and pertinent
downstream uses: A small amount of flow was observed
at the time of the site investigation. There are no
other known users of this stream segment. The area is
heavily developed (residential and commercial).
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of Wastewater: Intermittent depending on
rainfall.
b. What is the current permitted capacity: N/A
C. Actual treatment capacity of current facility (current
design capacity): N/A
d. Date(s) and construction activities allowed by previous
ATCs issued in the previous two years: N/A
e. Description of existing or substantially constructed
WWT facilities: The existing WWT facilities consist of:
an oil water separator prior to discharge.
f. Description of proposed WWT facilities: N/A
g. Possible toxic impacts to surface waters: None
expected.
h. Pretreatment Program (POTWs only): N/A
in development approved
should be required not needed
2. Residual handling and utilization/disposal scheme:
a. If residuals are being land applied specify DEM Permit
No. N/A.
Residuals Contractor: N/A
Telephone No. N/A
b. Residuals stabilization: PSRP PFRP Other
C. Landfill: N/A
d. Other disposal/utilization scheme (specify): Oil
and/or grease is removed by a waste oil reclamation
firm when necessary.
3. Treatment Plant Classification: Less than 5 points; no
rating (include rating sheet). Facility does not meet the
minimum classification for a Class I WWTP.
Page Three
4. SIC Code(s): 5172
Wastewater Code(s):
Primary: 37
Secondary:
5. MTU Code(s): 53000
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant
Funds or are any public monies involved (municipals only)?
No
2. Special monitoring or limitations (including toxicity)
requests: None at this time.
3. Important SOC/JOG or Compliance Schedule dates: N/A
4. Alternative Analysis Evaluation
a. Spray Irrigation: Insufficient land available.
b. Connect to regional sewer system: City will not allow
rain water in sewer.
C. Subsurface: Insufficient land available.
d. Other disposal options: N/A
PART IV - EVALUATION AND RECOMMENDATIONS
The permittee request renewal of the subject Permit for the
continued operation of the existing WWT facilities. There have
been no changes in waste flow and/or treatment facilities since
the Permit was last renewed.
It is recommended that the Permit for this facility be
renewed as requested.
�1574-� /Z
Signature eport Preparer Date
Water Q ity Regional Supervisor Date
oT•--l' !
RATING SCALE FOR CLASSIFICATION OF FACILITIES
Name of Plant:
, I
Owner or Contact
Person:�-
Mailing Address:
/ doX
County:
Telephone: 788- Zl0 Z
NPDES Permit No.
NC00 ��, i9(Z Nondisc. Per. No.
IssueDate: -Expiration Date:_3�53/
Existing Facility
S
1 f'New Facility
Rated By: MiCgA L
rc Date:
Reviewed (Train. &
Cert.) Reg. Office
Reviewed (Train. &
Cert.) Central Office
ORC
Grade
ITEM POINTS ITEM
(1) Industrial Pretreatment Units and/or
Industrial Pretreatment Program
(see',delinilion No. 33)
4
(2) DFSI ,N FLOW OF PLANT IN GPD
(not applicable to non•conlaminaled cooling
waters, sludge handling facilities for water
purification plants, totally closed cycle
systems (del. No. 11). and facilities
consisting only of Item (4) (d) or Items (4) (d)
and (11) (d))
0 -- 20.000.......................•.. .
•- 20,001 50,000 ......... .
50,001 -• 100.000..........................
3
100,001 » 250,000..........................
4
250,001 -• 500,000........................
5
500.001••1,000,000......................
a
1,000.001 -• 2.000,000 ........................ '
10
2.000.001 (and up) - rate 1 point additional for each
200,000 gpd capacity up to a
maximum of 30
Design Flow (gpd) :
V) PRELIMINARY UNITS (see definition no. 32)
(a) Bar Screens . .
(b) &Mechanical Screens, Static Screens or
Comminuting Devices
........... .......
(c) Grit Removal ' ' ' '
2
.. ,
(d) Mechanical or Aerated Grit Removal
.. • . • • . • _ , •
(e) Flow Measuring Device
2
...................
or " "
I
(1) Instrumented Flow Measurement
........... .
(9) Preaeration ' '
2
.
(h) Influent Flow Equalization
.
V) Grease or Oil Separators • Gravity. ........
Mechanical . ... • • .
Dissolved Air Flotation.
(j) Prtthbrination
a
POIN
(4) PRIMARY TREATM ENT UNITS
(a) Septic Tank (see definition no. 43) ..............
(b) Imhoff Tank ................................. .
(c) Primary Clarifiers ............................
(d) Settling Ponds of Settling Tanks for Inorganic
Nontoxic Materials (sludge handling facilities
for water purification plants, sand, gravel,
stone,, and other mining operations except
recreational activities such as gem or gold
mining)
.............. . .........
(5) SECONDARY TREATMENT UNITS
(a) Carbonaceous Stage `
(i)Aeralion - High Purity Oxygen System ......
Diffused Air System ...........
Mechanical Air System (fixed,
floating or rotor) ..............
Separate Sludge Reaeration .... .
(ii) Trickling Filter
High Rate ...................
Standard Rate ...............
Packed Tower ...............
(lii) Biological Aerated Filler or Aerated
Biological Filler ..,.,,,,,••,•,,, •....
(iv) Aerated Lagoons ..................... .
(v) Rotating Biological Contaclors ..........
(v1) Sand Filters -
intermittent biological .... .
recirculating biological .... .
(vn) Stabilization Lagoons ...................
(viii)Clarifier .. ....... .
(ix) Single stage system for combined
carbonaceous removal of SOD and
nitrogenous removal by nitrification
(see del. No. 12) (Points for this item
have to be In addition to items (5) (a)
(i) through (5) (a) (viii) .................
(x) Nutrient additions to enhance SOD
removal ...............................
(xi) Biological Culture (-Super Bugs') addition
to enhance organic compound removal .....
(i)
Aeration - High Purily Oxygen System .....
20
Diffused Air System ...........
10
Mechanical Air System (fixed.
floating, or rotor) ...... ......
8
Separate Sludge Reaeration .....
3
Ci)
Trickling Filler -
High Rate ..............
7
Standard Rate ............
5
Packed Tower............
5
(iii)
Biological Aerated Fitter or Aerated
Biological Filter .........................
10
Qv)
Rotating Biological Contactors ............
10
(v)
Sand Filler -
intermittent biological ........
2
recirculating biological ........
3
(vi)
Clarifier ................................
5
(6) TERTIARY OR ADVANCED TREATMENT UNIT
(a)
Activated Carbons Beds -
without carbon regeneration ..................
5
with carbon regeneration ....................
15
(b)
Powdered or Granular Activated Carbon Feed -
without carbon regeneration .................
5
with carbon regeneration .
15
(c)
Air Stripping .............................
5
(d)
Denitrificalion Process (separate process) . ... .
10
(e)
Electrodialysis ........ _ ....................
5
(f)
Foam Separation .............................
5
(g)
ton Exchange ................................
5
(h)
Land Application of Treated Effluent
(see definition no. 22b) (not applicable for
sand, gravel, stone and other similar mining
operations)
Zi) on agriculturally managed sites (See del.
No.4)...................................
10
(ii) by high rate infiltration on non -agriculturally
managed sites (includes rotary distributors
and sip -Mat fixed nozzle systems) ...........
4
(iii) by subsurface disposal (includes low pressure
pipe systems and gravity systems except at
plants consisting of seplic tank and nitrifica-
tion lines only) .........................:..
4
(i)
Microscreens ..................
5
(j)
Phosphorus Removal by Biological Processes
(See def. No. 26) .............................
20
(k)
Polishing Ponds - without aeration .......
2
with aeration ...........
5
(1)
Post Aeration - cascade ..............
0
diffused or mechanical ...
5
(m)
(n)
Reverse Osmosis ............. ..... ..
Sand or Mixed -Media Fillers - low rate ...........
5
2
high rate ..........
5
(o)
Treatment processes for removal of metal or
cyanide....................................
15
(p)
Treatment processes for removal of toxic
materials other than metal or cyanide .........
15
P) SLUDGE TREATMENT
(a) Sludge Digestion Tank - Heated ............... 10
Aerobic .... _ ......... 5
Unhealed ...... 3
(b)
_
Sludge Stabilization (chemical or thermal) .... , 5
(c)
Sludge Drying Beds Gravity ................. 2
Vacuum Assisted . 5
(d)
Sludge Efutrialion .................. . 5
(e)
--
Sludge Conditioner (chemical or Ihermai) . ,,, .. �.. 5
(1)
Sludge Thickener (gravity) ............. 5
(9)
Dissolved Air Flotation Unit
(not applicable to a unit rates as (3) (i)
(h)
Sludge Gas Utilization (including gas storage) .... 2
(i) Sludge holding Tank - Aerated ... 5
Non -aerated ............ 2
(j) Sludge Incinerator - {not including activated
carbon regeneration) . 10
(k) Vacuum Filler, Centrifuge or Filler Press or other
similar dewatering devices .................... 10
(8) SLUDGE DISPOSAL (including incinerated ash)
(a) Lagoons ..............
(b) Land Application (surface • and subsurface)
2
(see definition 22a)
-where the facility holds the land app. permit . ,
10
,
-by contracting to a land application operator who
holds the land application permit .....
2
-land application of sludge by a contractor who does
not hold the permit for the wastewater treatment
facility where the sludge is generated ........
10
.
(c) Landfilled (burial) .................
5
(9) DISINFECTION
(a) Chlorination ...........................
5
(b) Dechlorinalion ......................
5
(c) Ozone ... ...........................
5
(d) Radiation .............
5
(10) CHEMICAL ADDITION SYSTEM (S) (See definition No. 9)
(not applicable to chemical additions rated as item
(3) 0), (5) (a) (xi). (6) (a). (6) (b). (7) (b). (7) (e).
(9) (a), (9) (b), or (9) (c) 5 points each: List:
5
5
5
(11) MISCELLANEOUS UNITS 5
(a) Holding Ponds, Holding Tanks or Settling Ponds
for Organic or Toxic Materials including wastes
from mining operations containing nitrogen and/or
phosphorous compounds in amounts significantly
greater than is common for domestic wastewater .......... 4
(b) Effluent Flow Equalization (not applicable to storage
basins which are inherent in land application systems). 2
(c) Stage Discharge (not applicable to storage basins
inherent in land application systems............ 5
(d) Pumps..._. _ »_ _ »».
(e) Stand -By Power Supply ..... ...»...»......»».».„»...»........_».............. 3
(1) Thermal Pollution Control Device ......... _»..... ......... 3
TOTAL POINTS
CLASSIFICATION
Class I.__._»»........_»........ ».....»».....».». 5 - 25 Points
Class II..»._.._.. ------ _.„------- ........ _.............. 26. 50 Points
Class 111..._»...»„._..„..„__ ... 51- 65 Points
Class Iv._ .»__ _»» _.... » .. ». 66- Up Points
Facilities having a rating of one through four points, inclusive,
do not require a certified operator. Classification of all other
facilities requires a comparable grade operator in responsible
charge.
Facilities having an activated sludge process will be assigned
a minimum classification of Class II.
Facilities having treatment processes for the removal of metal
or cyanide will be assigned a minimum classification of Class 11.
Facilities having treatment processes for the biological removal
of phosphorus will be assigned a minimum classification of Class'
III.
SUTt I V
DEPT. OF NATURAL
1� RESOURCES AND 5
COMMUNITY DEVELOPMENT
R
DEC 0 7 1992
_ State of North Carolina
Department of)Environment, Health and Natural Resources
1 11111SION OF EhVIftRR+'��?��Hi s sion of Environmental Management
MOORESVIIIE K41 alisbury Street • Raleigh, North Carolina 27604
Y
3ames G. Martin, Governor
William W. Cobey, Jr., Secretary
December 3, 1992
A. Preston Howard, Jr., P.E.
Acting Director
Trent Propst Subject: NPDES Permit Application
Propst Brothers Distributors, Inc. NPDES Permit No.NC0040142
P. O. Box 949
Concord, NC 28025
Dear Mr. Propst : Cabarrus County
This is to acknowledge receipt of the following documents on November 5, 1992:
Application Form
Engineering Proposal (for proposed control facilities),
Request for permit renewal,
Application Processing Fee of $400.00,
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other Request for coverage under a General Permit is being considered.,
The items checked below are needed before review can begin:
Application Form ,
Engineering proposal (see attachment),
Application Processing Fee of
Delegation of Authority (see attached)
Biocide Sheet (see attached)
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
application is not
i to you and may be
made complete within thirty (30) days, it will be
resubmitted when complete.
This application has been assigned to Susan Robson
(919/733-5083) of our Permits Unit for review. You wiii be advised of any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this applications,
please contact the review person listed above.
Sincerely,
Coleen H. SullinsyP.E.
CC: Mooresville Regional Office
FnR AGENCY USE ONLY
nrr�nr,»r:�r�c�o
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NOTICE OF INTENT REQUESTING COVERAGE UNDER
GENERAL PERMIT NO. NCGO80000
STORMWATER DISCHARGES from Vehicle Maintenance Areas (including vehicle rehabilitation,
mechanical repairs, painting, fueling, lubrication and equipment cleaning operations areas)
t--d -;;i ^,'� "'-" ^^'""+ioc "lasslfi-d as Loral and -Subutan Transit and Interurban
GJJV viCl:v�! ii it�l ii �/b �I l.iu� ...�•��... v v •J C�
Highway Passenger Transportation (Standard Industrial Classification Code [SIC 41]), Motor
Freight Transportation and Warehousing (SIC 42), [except Public Warehousing and Storage
(SIC 4221-4225)], Postal Service (SIC 43), other industrial activities where the vehicle
maintenance area(s) is the only area requiring permitting, and Petroleum Bulk Stations and
Terminals (SIC 5171) with total petroleum site storage capacity of less than 1 million gallons
Also included in this permit are stormwater discharges from oil water separators and/or from
secondary containment structures associated with petroleum storage facilities with less than 1
million gallons of total petroleum site storage capacity and/or discharges associated with
vehicle maintenance operations at activities which are otherwise designated on a case -by -case
basis as being required to be permitted.
Complete this Notice of Intent (NOI) and mail to the following address
North Carolina Division of Environmental Management
Water Quality Section, NPDES Group,
P.O. Box 29535
Raleigh, North Carolina, 27626-0535
The NOI must be accompanied with a general permit filing fee of $400.00. The check should be
made out to the North Carolina Department of Environment, Health, and Natural Resources.
THIS SECTION TO BE COMPLETED BY ALL INDUSTRIAL ACTIVITIES:
Facility Owner/Operator Information:
Name: Propst Bros. Dists. Inc.
Address: 829 Davidson Dr.
PO Box 949
City: Concord State: NC
Zip: 28025 Phone: (704 ) 788-2?
NOI 08 Page 1
I hereby request coverage under the referenced General Permit. I understand that coverage
under this permit will constitute the permit requirements for the discharge(s) and is
enforceable in the same manner as an individual permit.
I certify that I am familiar with the information contained in the application and that to the best
of my knowledge and belief such information is true, complete, and accurate.
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
signature
Trent Propst _
name of person signing above (printed or typed)
title
October 29, 1992
date
North Carolina General Statute 143-215.6E (i) provides that: Any person who knowingly
makes any false statement, representation, or certification in any application, record, report,
plan or other document filed or required to be maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, or who falsifies, tampers
with or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine
not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C.
Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not
more than 5 years, or both, for similar offense.)
NOI 08 Page 3
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Date: February 10, 1988
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Cabarrus
NPDES Permit No. NC 0040142
PART I - GENERAL INFORMATION
1. Facility and Address: Propst Brothers Distributors, Inc.
Post Office Box 949
Concord, NC 28026-0949
2. Date of Investigation: February 8, 1988
3. Report Prepared By: G. T. Chen
4. Person Contacted and Telephone Number: Mr. Steve Smingler;
(704) 788-2102
5. Directions to Site: From the junction of Highway 29 and
Poplar Tent Road/McGill Avenue (S. R. 1394) in west
Concord, Cabarrus County, travel east on McGill Avenue
approximately 0.8 mile to the junction with Kerr Street.
Turn right and travel south on Kerr Street approximately
0.7 mile. Propst Brothers Distributors, Inc. is located on
the right (west) side, at 145 Kerr Street.
6. Discharge Point - Latitude: 350 24' 38"
Longitude: 800 35' 35"
Attach a USGS Map Extract and indicate treatment plant site
and discharge point on map.
USGS Quad No.: F 16 NE
7. Size (land available for expansion and upgrading): N/A
8. Topography (relationship to flood plain included): N/A
9. Location of Nearest Dwelling: Several structures within
500 feet of oil storage facilities. F
10. Receiving Stream or Affected Surface Waters: Unnamed
tributary to Irish Buffalo Creek
a. Classification: C
b. River Basin and Subbasin No.: 03-07-12
C. Describe receiving stream features and pertinent
downstream uses: Fish and wildlife propagation,
secondary recreation, agriculture, etc. Downstream
users are not known.
r0ne
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 0% Domestic
100% Industrial
a. Volume of Wastewater: N/A
b. Types and quantities of industrial wastewater: The
wastewater is generated from storm runoff and/or spill
containment.
C. Prevalent toxic constituents in wastewater: N/A
d. Pretreatment Program (POTWs only): N/A
2. Production Rates (industrial discharges only) in Pounds:
N/A
3. Description of Industrial Process (for industries only) and
Applicable CFR Part and Subpart: N/A
4. Type of Treatment (specify whether proposed or existing):
The existing facility consists of oil/water separator and a
series of iron grille covered drainage ditches.
5. Sludge Handling and Disposal Scheme: N/A
6. Treatment Plant Classification: N/A
7. SIC Code(s): 5172
Wastewater Code(s): 37
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants
Funds (municipals only)? N/A
2. Special monitoring requests: N/A
3. Additional effluent limits requests: N/A
4. Other: N/A
free
PART IV - EVALUATION AND RECOMMENDATIONS
Review of past twelve monthly self -monitoring reports
indicates that this facility is in compliance. It is
recommended that the NPDES Permit for this facility be renewed.
Signatur f Report Preparer
Water Quality. egional Supervisor
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r.� ��
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Managemedr. r
n
512 North Salisbury Street • Raleigh, North Q?, l a' 276), �F N.� TUR
t , L IN, AL
v �a SrAlt o
i
a w
mas Rhodess, vernor ecretary Jq N ` ` L� V Eju 3? �'T' R. Paul Wilms
Director
5 1988
DIVISION Of
SV�f NVIRDN,��
Subject: NPDES �1t �y� Vicat ion
NPDES PermitONd. NC00
ounty
ear
is is to acknowledge receipt of the following documents on
Application Form,
Engineering Proposal (for proposed
Request for permit renewal,
Application Processing Fee of $
Other
control facilities),
f
The items checked below are needed before review can begin:
Application form _ (Copy enclosed),
Engineering Proposal See Attachment),
Application Processing Fee of $ ,
Other
If the application is not made complete within thirty (30) days,
be returned to you and may be resubmitted when complete.
This application has been assigned to
(919/733-5083) of our Permits Unit for review. You will be advised o
any comments recommendations, questions or other information necessary
for the review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this application, please
contact the review person listed above.
cc:
Sincerely,
Arthur Mouberry, P.E.
Supervisor, Permits and Engineering
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
DO
PROPST BROS. DISTS., INC.
P. O. Box 949
CONCORD, N. C. 28025
December 23, 1987
Permits and Engineering Unit
NC Div. of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Sir:
t"
oEC 28 191,
This letter serves as our request to renew our NPDES
Permit No. NCO040142.
We are a petroleum distributor and process stormwater
run-off through an oil/water separator and discharge it to
surface water.
g.._ Enclosed you will find our.completed application and
Y...t cueck for $150.00.
A- If you need any further information, please contact
me at the above address or call (704) 788-2102. -
Sincerely,
Steve Smingler
SS:pma
Enclosures
K/V00
'7
i
NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR
APPLICATION NUMBER
AGENCY
USE DATE RECEIVED
To be filed only by persons engaged in manufacturing and mining
YEAR M0. DAY
Do not attempt to complete this form before reading accompanying instructions
Please print or type
1. Name, address, location, and telephone number of facility producing discharge
A. Name Pro st Bros. Dists. , Inc.
B. Mailing address
1. Street address P.O. Box 949
2. City Concord
3. State North Carolina
4. County Cabarrus 2802 -
5. ZIP
C. Location:
1. Street 145 Kerr Street
2. City Concord 3. County Cabarrus
4. State North Carolina
D. Telephone No. 704 788-2102
Area
Code
2. SIC �LL1J 1. I
(Leave blank) n�
3. Number of employees 5 DEC 28 1987
If all your waste is discharged into a publicly owned waste treatment facility �� T• and to the best of your knowledge you are not required to obtain a discharge Permit, proceed to item 4. Otherwise proceed directly to item 5.
4. If you meet the condition stated above, check here o and supply the information
asked for below. After completing These izemb, please complete the date, title,
and signature blocks below and return this form to the proper reviewing office
without completing the remainder of the form.
A. Name of organization responsible for rRceiving waste
B. Facility receiving waste:'
1. Name
2. Street address
3. City 4. County
5. State 6. ZIP
5. 13Principal product, o raw material (Check one) Petroleum Products— Distributor
'6. Principal process Distribution
7. Maximum amount of principal product produced or raw material consumed per (Check one) N/A
Amount
Basis 1-99 DD0-199 200-499 500-999 1000- 5000- 10,000- 50,000
4999 9999 49.999 or more
(1) (2) (3) (4) (5) (6) (7) (A)
A. N/A B. Month N/A
C. Year N
PREVIOUS EDITION MAY BE USED UNTIL SUPPLY IS Eulr��i. ram•..
11, MAXlmum nmrNuil. of hrincilia l pro,luj1. proJured Jr. rnw Jim trrl.il inn.unw I, rv•lu�rir•il
In Ilan /, above, Is measured 1n (Lhelk Me):
A.O pounds B. o tons C, 0 barrels D, O bushel s E. o square feet
F.0 gallons G.❑ pieces or units H.0 other, specify N/A
9. (a) Check here if discharge occurs all year or
(b) Check the month(s) discharge occurs:
1. ❑ January 2, o February 3, O March 4. o Apri 1 5, o Ma
Y 6,0 June
7.0 July 8.0 August 9.0 September 10.0 October 11,0November 12.0 December
(c) Check how many days per week: 1.01 2.o 2-3 3.0 4-5 4,0 6.7
10. Types of waste water discharged to surface waters only (rhprk a,
711
Discharge per
operating day
Flow. gallons per operating day
Volume treated before
discharging (percent)
None 0.1- 30- 65- 95-
29.9 64,9 94.9 100
(6) (1) (B) (9) (10)
0.1-999
(1)
1000-4999
(2)
5000-9999
(3)
10,000-
49,999
(4)
50,000-
or more
(5)
A. Sanitary, daily
average
B. Cooling water, etc.
daily average
C.
wjm'
). Maximum per operat-
ing day for total
dischar e (all types)
100
4Stormwr
run- ff
100
. ,T any of the three types of waste identified in item 10, either treated or untreated,
are discharged to places other than surface waters, check below as applicable.
Waste water is
discharged to: 0.1-999
(1)
A. Municipal sewer system
B_ Underground well
C. Septic tank
D. Evaporation lagoon or pond
E. Other-;- spec i-fy -
N/A
Average flow, gallons per operating day
1000-4999 5000-9999 10,000-49,999
(2) 1 (3) 1 (4)
50,000 or more
(5)
12. Ni:mber of separate discharge g points: ,,,jy1 B,❑2-3 C.1.4-5 D,06 or more
13. Name of r-eceiving water or waters An unriamed tributary to Irish Buffalo Creek in the Yadkin
14. Does your discharge contain or is it possible for your discharge to contain River Basin.
one or more of the following substances added as a result of your operations,
activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium,
chromium, copper, lead, mercury, nickel, selenium, inc, phenols, oil and
grease, and chlorine (residual). A.0 yes 8.140
I certify that I am familiar with the information contained in the application and
that to the best of my knowledge and belief such information is true, complete, and
accurate,
Joe M. Propst, Jr. Vice-Presiden
Printed Name of Person Signing Titl
12/23/87
Date Application Signed Siture of Applicant
North Carolina General Statute 143-215.6(b)(2provides that: Any perso who knowingly makes
any false statement representation, or certification in any application, record, report, plan,
or other document files or required to be maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, or who falsifies, tampers with,
or knowly renders inaccurate any recording or monitoring device or method required to be
operated or maintained under Article 21 or regulations of the Environmental Management Commission
implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed
$10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provide:
a punishment by a fine of not more than $10.000 or imnric Tnm -t --t
GT�T± V
`c
a ��3
VASLON Of
MaY 4 �9aa
0RSVILLE
State of North Carolina
Departro"tµ0E&#dNatural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary M a y 2, 1988 Director
Mr. Joe M. Propst--- becer.s--�
Propst Brothers Distributors, Inc.
PO Box 949
Concord, NC 28026
Subject: Permit No. NCO040142
Propst Brothers Distributors
Cabarrus County
Dear Mr. Propst:
In accordance with your application for discharge permit received on
December 28, 1987, 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 may request a waiver
or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written
request to the Director identifying the specific issues to be contended.
Unless such request is made within 30 days following receipt of this permit,
this permit shall be final and binding. Should your request be denied, you
will have the right to request an adjudicatory hearing.
Please take notice that this permit is not transferable. Part II, B.2.
addresses the requirements to be followed in case of change in ownership or
control of this discharge.
This permit does not affect the legal requirement 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.
Mack Wiggins, at telephone number 919/733-5083.
Sincerely,
ORIGINAL SIGNED BY
ARTHUR MOUBERRY
FOR R. Paul Wilms
cc: Mr. Jim Patrick, EPA
cntion Patis
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
n_ .._i n_ .. eu:...,—;— A-,;--
Permit No. NCO040142
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
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,
Propst Brothers Distributors, Inc.
is hereby authorized to discharge wastewater from a facility
located at
Propst Brothers Distributors, Inc.
145 Kerr Street
Concord
Cabarrus County
to receiving waters designated as an unnamed tributary to Irish
Buffalo Creek in the Yadkin -Pee Dee 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 June 1, 1988
This permit and the authorization to discharge shall expire
at midnight on May 31, 1993
ORIGINAL "slGP1ED BY
Signed this day of May 2, 1988 ARTHUR MOUBERRY
FOR
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
Page 2 of 2
Permit No. NC0040142
SUPPLEMENT TO PERMIT COVER SHEET
Propst Brothers Distributors, Inc.
is hereby authorized to:
1. Continue to operate an oil/water separator located
at 145 Kerr Street in Concord, Cabarrus County
(See Part III of this Permit), and
2. Discharge from said treatment works into an unnamed
tributary to Irish Buffalo Creek which is classified
Class "C" waters in the Yadkin -Pee Dee River Basin.
A. (1). EFFIITENT LIMITATIONS AND MONITORING REQUIREMERrS
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge from outfall 001 stormwater and contaminated wastewater originating from point sources
including, but not limited to, bulk storage tank areas, product transfer areas, loading/unloading areas, etc. Such
discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristic
Flow
Oil & Grease
s Discharge Limitations
Kg/day (lbs/day) Other Units (Specify)
Daily Avg. Daily Max. Daily Avg. Daily Max.
Monitoring Requirements
*Measurement Sample **Sample
Frequency Type Location
Weekly
30 mg/1 60 mg/1 2/Month
*Monitoring will be conducted during normal working hours.
Instantaneous E
Grab E
This permit imposes no limitation on the discharge of stormwater runoff uncomtaminated by any industrial or commercial
activity and not discharged through any oil -water separator or other txeatment equipment or facility.
*Samples taken in conplianoe with the monitoring requirements specified above shall be taken at the following
location(s): The nearest accessible point after final treatment but prior to actual discharge to or mixing with
the receiving waters.
E - Effluent
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the eff:
There shall be no discharge of floating solids or visible foam in other than trace amounts.
NC0040142
Part I
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.
2. Permittee shall at all times provide the operation and maintenance
necessary to operate the existing facilities at optiim:rt, 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 11
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. GENERAL CONDITIONS
1. Duty to Comply
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 for denial of a permit renewal application.
2. Penalties for Violations of Permit Conditions
Any person who violates a permit condition is subject to a civil penalty not
to exceed $1.0,000 per day of such violation. Any person who willfully or
negligently violates a permit condition is guilty of a misdemeanor punishable
by a fine not to exceed $15,000 per day of violation, or by imprisonment
not to exceed six months or both.
3. Dutyto Mitigate
The permittee shall take all reasonable steps to minimize any adverse impact
to navigable waters resulting from noncompliance with any effluent limitations
specified in this permit, including accelerated or additional monitoring as
necessary to determine the nature and impact of the noncomplying discharge.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b)
(2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended,
or revoked in whole or in part during its term for cause including, but not
limited to, the following:
a. Violation of any terms or conditions of th.i.s permit;
b. Obtaining this permit by misreprespntat-ion or failure to disclose fully
all relevant facts;
C. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized discharge; or
d. Information newly acquired by the Division indicating the discharge poses
a threat to human health or welfare.
If the permittee believes that any past or planned activity would be cause for
modification or revocation and reissuance, the permittee must report such
information to the Permit Issuing Authority. The submittal of a new application
P%ir.t 11
Page 2 of 14
may be required of the permittee. 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 noncomplOnces, does not stay
any permit condition.
5. Toxic Pollutants
Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition
(including any schedule of compliance specified in sucb effluent standard or
prohibition) is established under_ Section 307(a) of the Act for a toxic
pollutant which is present in the discharge, if such standard or prohibition
is more stringent than any limitation for such pollutant in this permit., this
permit shall be revised or modified in accordance with the toxic effluent
standard prohibition and the permi.t.teP so notified.
The permittee shall comply with effluent standards or prohibitions established
under Section 307(a) of the Clean Water Act for toxic pollutants within the
time provided in the regulations that establish those standards or prohibitions,
even if the permit has not yet been modified to incorporate the requirement.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part 11, B-3) and
"Power Failures" (Part II, B-6), 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 131.9. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility
for effective compliance may be temporarily suspended.
7. Oil and Nnzardc;us Substance Liability
NoLhirg in this permit shall be construed to preclude t n 1pst.iLutinn 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
143-21.5.75 at seq. or Section 311 of the Federal Art, 33 USC 1321. Furthermore,
the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily
suspended.
8. 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.
Part II
Page 3 of 14
9. Onshore of 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.
10. Severability
The provisions of this permit are severable, and if any Provision of this
permit, or the application of any provision of this permit to any circumstances,
is held invalid, the application of such prevision to otlser circumstances, and
the remainder of this permit, shall not be affected thereby.
11. DuLy__to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reason-
able time, any information which the Permit Issuing Authority may request
to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit or to determine compliance with this permit. The
permittee shall also furnish to the Permit Issuing Authority upon request,
copies of records required to be kept by this permit.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times maintain in good working order and operate
as efficiently as possible all treatment or control facilities or systems
installed or used by the permittee to achieve compliance with the terms
and conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it
would have been necessary to halt or rochtce the permitted activity in
order to maintain compliance with the condition of this permit.
3. Bi ,passing
Any diversion from or bypass of facilities is prohibited, except (i) where
unavoidable to prevent loss of life or severe property damage, or (ii)
where excessive storm drainage or runoff would damago any facilities
necessary for compliance with the effluent limitations and prohibi.ti.ons of this
permit. All permittees who have such sewer bypasses or overflows of this
discharge shall submit, not later than six months from tho. date of issuance
of this permit, detailed data or engineering estimates which identify:
a. The l.ocatiorr of each sewer system bypass or oxerfl.ow;
b. The frequency, duration and quan`tty of flow from each sewer system
bypass or overflow.
Part II
Page 4 of 14
This requirement is waived where infiltration/inflow analyses are scheduled
to be performed as part of an Environmental Protection Agency facilities
planning project.
The permittee shall report by telephone to either the central office or
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 division from or
bypass of facilities.
4. meets
"Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset
does not include noncompliance to the extent caused by operational error,
improperly designed treatment .facilities, inadequate treatment; facilities,
lack of preventive maintenance, or careless or improper. operation. An upset
constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit limitation if the requirements of 40 CFR S
122.41(n)(3) are met.
5. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed i.n 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.
6. Power Failures
The permittee is responsible for maintaining adequate safeguards to prevent the
d:[5Cha.rgt? Of ur.tr.Pnted or insdegrsttely t:.r.ented wastes drtritrg electrical power
failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
SECTION C. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. Samples
collected at a frequency less than daily shall be taken on a day and time that
Is characteristic of the discharge over the entire period which the sample
represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified , before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points
shall not be changed without notification to and the approval. of the Permit
Issuing Authority.
Part I1
Page 5 of 14
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for
each month and reported on a monthly Discharge Monitoring Report (DMR) Form
(DEM No. MR 1, 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 first D"iR is due on the last clay 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. Duplicatp 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
3 Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to insure the accuracy and
reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to insure that the
accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows
with a maximum deviation of less than + 10% from the true discharge rates
throughout the range of expected discharge volumes. Once -through condenser
cooling water flow which is monitored by pump logs, or pump hour meters as
specified in Part I of this permit and based on the manufacturer's pump
curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC
regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air
Quality Reporting Acts, and to regulations published pursuant to Section 304(g),
33 USC 1314, of the Federal Water Pollution Control. Act, as Amended, and
Regulation 40 CFR 136.
5. Penalties for Tampering;
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any monitoring device or method required to be
maintained under this permit shall, upon conviction, by punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than
six months per violation, or by both.
Part II
Page 6 of 14
6. Records Retention
All records and information resulting from the monitoring activities required by
this permit including all records of analyses performed and calibration and
maintenance of instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3) years by the
permittee. Thisperiod of retention shall be extended during the course
of any unresolved litigation or if requested by the Division of Environmental
Management or the Regional Administrator of the Environmental Protection Agency.
7. Recordin- Results
For each measurement or sample taken pursuant to the requirements of this
permit, the permittee shall record the following information:
a. The exact place, elate, and time of sampling;
b. The dates the analyses were performed;
C. The person(s) who performed the analyses; and
d. The results of such analyses.
8. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized representatives,
upon the presentations of credentials:
a. To enter upon the permittee's premises where an effluent source is located
or in which any records are required to be kept under the terms and
conditions of this permit; and
1). At rceesonahle I-imos to brave. acr.ess to and copy any records required to be
kept under the terms and conditions of this permit; to inspect any
monitoring equipment or monitoring method regnired in this permit; and
to sample any discharge of pol.lutan.ts.
SECTION D. 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 poll.ut:ant identified in
this permit more frequently than or at a level in excess of that authorized
shall constitute a violation of the permit. Any anticipated facility
expansions, production increases, or process modifications which will result
2.
3.
4.
5.
Q
Part II
Page 7 of 14
in new, different, or increased discharges of pollutants must be reported by
submission of a new NPDES application or, if such changes will r►ot violate
the effluent limitations specified in this permit, by notice to the DEM of
such changes. Following such notice, the permit may be modified to specify
and limit any pollutants not previously limited.
Anticipated Noncompliance
The permittee shall give notice to the Permit Issuing A►►thori.ty of any planned
change in the permitted facility or activity which may result in noncompliance
with permit regnir.ements. Any maintenance of facilities, which might
necessitate unavoidable interruption of operation and degradation of effluent
quality, shall be scheduled during noncritical water quality periods and carried
out in a manner approved by the Permit Issuing Authority.
Transfer of Ownership or Control
This permit is not transferable. In the event of any Change in name, control
or ownership of facilities from which the authorized discharge emanates or is
contemplated, the permittee shall notify the prospective owner or controller by
letter of the existence of this permit and of the need to obtain a permit in the
name of the prospective owner. A copy of the letter shall be forwarded to the
Division of Environmental Management.
Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein
more frequently than required by this permit, using approved analytical methods
as specified above, the results of such monitoring shall be included in the
calculation and reporting of the values is required in the DMR. Such increased
frequency shall also be indicated. The DEM may require more frequent monitoring
or the monitoring of other pollutants not required in this permit by written
notification.
Averaging of Measurements
Calculations for limitations which
utilize an arithmetic mean unless
Authority in the permit.
Noncompliance Notification
require averaging of measurements shall
otherwise specified by the Permit Issuing
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:
Part II
Page 8 of 14
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 fnilu.r.e of a pumping station, sewer line, or tren,:ment 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.
d. Any time that self -monitoring information indicates that the facility has
gone out of compliance with its NPDFS permit limitations.
Persons reporting such occurrences by telephone shall also file a written
report in letter form within 15 days following first knowledge of the
occurrence.
7. Changes in Discharges of Toxic Substances:
The permittee shall notify the Permit Issuing Authority as soon as it knows or
has reason to believe:
a. That any activity has occurred or will occur which would result in the
discharge, on a routine or frequent basis, of any toxic. substance(s) (listed
at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the
permit, if that discharge will exceed the highest of the following
"notification levels".
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolein and
ac.rylonitrile; five hundred micrograms per liter (500 ug/1)
for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one
milligram per liter (1 mg/1) for antimony; or.
(3) Five (5) times the maximum concentration value reported for that
pollutant(s) in the permit application.
b. That any activity has occurred or will occur which would result in any
discharge, on a non -routine or infrequent basis, of a toxic pollutant
(listed at 40 CFR S 122, Appendix D. Table II and III) which is not
limited in the permit, if that discharge will exceed the highest of the
following "notification levels":
Part II
Page 9 of 1.4
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony; or
(3) Ten (10) times the maximum concentration value reported for that
pollutant(s) in the permit application.
8. Expiration of Permit
Permittee is not authorized to discharge after the expiration date. In order to
receive alithor.izsti.on 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 without a permit after the expiration will subject the permittee
to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251. et seq.
9. 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
Part II.
Page 10 of 14
well. field, superintendent, a position of equivalent responsibility,
or an individual or position having overall responsibility for environ-
mental 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 making 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 resprmsible. for gathering the
information, the informations 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."
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a) (2) or
Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the
Division of 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 Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or �---i.rtification .i.n 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 110,000 per violation, or by imprisonment
for not more than six months per violation, or by both.
SECTION E. DEFINITION
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Natural
Resources and Community Development.
3
4.
Part II
Page 11 of 14
EPIC:
Used herein means the North Carolina Environmental Management Commission.
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. Mas sL1qayPleasurements
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 sample and measured, divided by the number
of daily discharges samples 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 "Daily Average" or "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 samples and/or measured
during such week. It is, therefore, an arithmetic mean found by
adding the weights of pollutants found each. day of the week and then
dividing this sum by the number of days the tests were reported. This
limitation is identified as "Weekly Average" in Part: T of the permit.
C. The "maximum daily discharge,." is tha total mass (weight) of a
pollutant discharged during a calf=ndsr day. If only one sample is
taken during any calendar day the weight of pollutant calculated from
it is the "maximum daily discharge." This limitation is identified as
"Daily Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all
daily discharges sample and/or measured during; the calendar year on
which daily discharges are sampled and measured, divided by the number
of daily discharges sampled and/or measured during such year. It is,
therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as
"Annual Average" in. Part I of the permit.
Part I
Page 12 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform
bacteria, is the sum of the concentrations of all daily discharges
samples 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" or
"Daily Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar week (Sunday/Saturday') on which daily discharges
are sampled and measured divided by the number of daily discharges sampled
and/or measured during such week (arithmetic_ mean of the daily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during
that calendar day. The average weekly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar
week. This limitation is identified as "Weekly Average" cinder "Other
Limits" in Part I of the permit.
C. The "maximum daily concentration" is the concentration of a pollutant
discharge during a calendar day. It is identified as "Daily Maximum"
under "Other Limits" in Part I of the permit.
d. The "average, annual concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discha.r.ges sampled and/or
measured during a calendar year on which daily discharges are sampled and
measured divided by the number of daily discharges sampled and/or measured
during such year (arithmetic mean of the daily concentration values). The
daily concentration value is equal to the concentration of a composite
sample or in the case of grab samples is the arithmetic mean (weighted by
flow value) of all the samples collected during that calendar day. The
average yearly count for fecal coliform bacteria is the geometric mean
of the counts for samples collected during a calendar year.. This limitation
is identified as "Annual Average" under "Other Limits" in Port I of the
permit.
FA
9.
Part IJ
Page 13 of 14
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.
Types of Samples
a. Composite Sample: These samples consist of grab samples collected at
equal intervals and combined proportional to flow, a sample continuously
collected proportionally to flow, or equal volumes taken at varying time
intervals. If a composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent grab
samples shall be no greater than hourly. Intervals between effluent grab
samples shall be no greater than hourly except where the detention time
of the wastewater in the facility is greater than 24 hours, in which
case, the interval between grab samples shall be no greater in number of
hours than the detention time in number of days; provided, however, in
no case may the time between effluent grab samples be greater than six
hours nor the number of grab samples less than four during any discharge
period of 24 hours or less.
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.
Calculation of Means
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of
the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of
the arithmetic mean of the logarithms of the individual values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the
respective flows.
Part II
Page 14 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one dny 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.
PART III
OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this facility, whether for
construction or operation or discharge, are hereby revoked by issuance of this
permit. The conditions, requirements, terms, and provisions of this permit
authorizing discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construction of wastewater treatment facilities or additions thereto 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. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall
employ a certified wastewater treatment plant operator in responsible charge
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.
D. -Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of
Environmental Management, conduct groundwater monitoring as may he required
to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
E. Limitations Reopene.r
This permit shall be modified or alternatively, revoked and reissued, to comply
with any applicable effluent guideline or water quality standard issued or
approved under Sections 302(b) (2) (c), and. (d), 304•(b) (,2), and 307(a) (2)
of the Clean Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise more stringent than any
effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any
other requirements in the Act then applicable.
r U L L LLL U U U L. LLl U C U
Permit No. NCO040142
F. Toxicity Reopener
This permit shall be modified, or revoked and reissued to
incorporate toxicity limitations and monitoring requirements in
the event toxicity testing or other studies conducted on the
effluent or receiving stream indicate that detrimental effects may
be expected in the receiving stream as a result of this discharge.
G. The daily average limitations for oil and grease stated in Part I.,
A. shall be deemed to have been exceeded if either:
a. the arithmetic average of the analyses of all representative
samples taken during a calendar month by the permittee in
accordance with the monitoring requirements set forth above
exceeds 30 mg/1, or
b. the analyses of any two representative grab samples taken by
the State at least six hours apart during any consecutive
thirty day period each individually exceeds 30.0 mg/l.
Each sample taken by either the permittee or the State shall be
presumed to be representative. However, due to the variability of
the sampling and analysis of oil and grease dis-charges from
petroleum marketing terminals, the permittee may in good faith
declare a maximum of 10% of the samples taken by it during a
calendar year, but not more than one sample taken during any
calendar month, to be non -representative. No sample may be so
excluded it if is the only sample taken by the permittee during a
calendar month. Such a declaration must be included in writing
with the next Discharge Monitoring Report submitted in accordance
with Part I., C., 2. of this permit, and must include the results
of the analysis of the excluded sample, and a written explanation
for the exclusion of that sample. If any sample is so excluded,
the "daily average" concentration shall be the arithmetic average
of the analyses of the remaining non -excluded samples.
H . The "daily maximum" limitations for oil and grease stated in Part
I., A. shall be deemed to have been exceeded if either:
a. the arithmetic average of the analyses of all representative
samples taken during a calendar month by the permittee or by
this State (a minimum of two samples taken at least six hours
apart) in accordance with the monitoring requirements set forth
above exceeds 60.0 mg/l, or
b. the analysis of a single sample (when it is the only one taken
during the day by the permittee) exceeds 60.0 mg/l.
Each sample taken by either the permittee or the State shall be
presumed to be representative. However, due to the variability of
the sampling and analysis of oil and grease discharges from
petroleum marketing terminals, the permittee may in good faith
declare a maximum of 107 of the samples taken by it during a
calendar year, but not more than one sample taken during any
calendar month, to be non -representative. No sample may be so
r Gl L L L L L V U Ll L L LL UV U
Permit No. NCO040142
excluded it if is the only sample taken by the permittee during a
calendar month. Such a declaration must be included in writing
with the next Discharge Monitoring Report submitted in accordance
with Part I., C., 2. of this permit, and must include the results
of the analysis of the excluded sample, and a written explanation
for the exclusion of that sample. If any sample is so excluded,
the "daily average" concentration shall be the arithmetic average
of the analyses of the remaining non -excluded samples.
Other petroluem company officials have contended that, while the
discharges from most of their marketing and bulk terminals are
capable of meeting this "daily maximum" limitation as stated
above, certain of their facilities cannot be so equipped to meet
this limitation as stated above. If the permittee can present
sufficient evidence to demonstrate that this facility cannot be so
equipped, the State will modify this limitation to the extent
needed (in no case to exceed 100.0 mg/1) to assure reasonable
complicance with the "daily maximum" limitation.
I. It is recognized that influent quality changes, equipment
malfunction, or other circumstances may sometim-es result in
effluent concentrations exceeding the permit limitations despite
the exercise of appropriate care and maintenance measures, and
corrective measures by the permittee. The permittee may come
forward to demonstrate to the State that such circumstances exist
in any case where effluent concentrations exceed those set forth in
this permit. The State will consider such information in
determining appropriate enforcement measures, if any, to be taken.
J. A calendar day is defined as any consecutive 24 hour period.
R. The "daily maximum" concentration is defined as the arithmetic
average of one or more representative grab samples taken during any
calendar day. Should effluent sampling be done on more than one
calendar day during the month, the arithmetic average indicating
the largest "daily maximum" concentration shall be reported on the
Discharge Monitoring Report Form.
L. Collection of representative samples shall be required during
periods of discharges. Should there be no discharge during normal
working hours, the permittee shall report "no discharge" for that
reporting period.
M. The reported flow shall be the arithmetic average of the total
volume discharged on each of the sampling days during the reporting
period. Flow may be calculated utilizing a flow recorder, rain
gauge, or any other simliar device.
N. In connection with submission of records and reports required under
this permit, the permittee shall not be deemed to have waived such
privilege against self-incrimination as may be offered under or by
the Fifth Amendment of the United States' Constitution.
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary November 4, 1987 Director
CLYDE KLUTTZ
PROPST BROTHERS DIST.,I
145 KERR ST NW
CONCORD NC 28025
Subject: NPDES Permit No. NCO040142
CABARRUS
Dear CLYDE KLUTTZ
Our files indicate that the subject permit for a wastewater discharge to the
surface water expires on 880531. GS 143-215.1(c) requires that an application
for renewal must be filed 180 days prior to the expiration date. We have not
received an application for renewal from you as of this date.
A renewal application shall consist of a letter requesting renewal along
with the appropriate completed and signed application form referenced in
Title 15 of the North Carolina Administrative Code, Subchapter 2H, .0105.
Primary industries listed in Appendix A of Title 40 of the Code of
Federal Regulations, Part 122 (40 CFR Part 122), shall submit a priority
pollutant analysis that is performed in accordance with 40 CFR Part 122.21.
A processing fee of $100.00 and a public notice fee of $50.00 must
accompany the application. One check for $150.00 may be submitted with the
application.
This matter should be given prompt attention in that continued discharge
after the permit's expiration, without the filing of a complete and timely
application for renewal, constitutes discharge without a permit and is a
violation of GS 143-215.1(a) and the Federal Clean Water Act of 1977..
Application for renewal should be submitted to:
Permits and Engineering Unit
NC Division of Environmental Management
PO Box 27687
Raleigh, North Carolina 27611-7687
For further information, please contact me at 704-663-1699.
Sincerely,
RON MCMILLAN
Regional Supervisor
Pollution Prevention Pays
P.O. Boot 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Eaual O000rtmlty Af nnative Action Emoknw
Permit No. NC0040142
- STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
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,
Propst Brothers Distributors, Inc.
is hereby authorized to discharge wastewater from a facility
located at
Propst Brothers Distributors, Inc.
145 Kerr Street
Concord
Cabarrus County
to receiving waters designated as an unnamed tributary to Irish
Buffalo Creek in the Yadkin -Pee Dee 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
This permit and the authorization to discharge shall expire
at midnight on
E yj T
f.
Signed this day of 9
17
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
Page_- of. 2 -
Permit No. NC0040142
SUPPLEMENT TO PERMIT COVER SHEET
Propst Brothers Distributors, Inc.
is -hereby authorized to:
1. Continue to operate an oil/water separator located
at 145 Kerr Street in Concord, Cabarrus County
(See Part III of this Permit), and
2. Discharge from said treatment works into an unnamed
tributary to Irish Buffalo Creek which is classified
Class "C" waters in the Yadkin -Pee Dee River Basin.
A. (1) . EFFLUENT LIMITATIONS AND MONITORING REQUIREMEDTrS
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge from outfall 001 stormwater and contaminated wastewater originating from point sources
including, but not limited to, bulk storage tank areas, product transfer areas, loading/unloading areas, etc. Such
i discharges shall be limited and monitored by the permittee as specified below:
ffluent Characteristics Discharge Limitations Monitoring Requirements
Kg/day (lbs/day) Other Units (Specify) *Measurement Sample **Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location
lbw Weekly Instantaneous E
it & Grease 30 mg/l 60 mg/1 2/Month Grab E
*Monitoring will be conducted during normal working hours.
This permit imposes no limitation on the discharge of stormaater runoff uncontaminated by any industrial or commercial
activity and not discharged through any oil -water separator or other treatment equipment or facility.
Samples taken in conpliance with the monitoring requirements specified above shall be taken at the following
locatioh(s): The nearest accessible point after final treatment but prior to actual discharge to or mixing with
the receiving waters.
E - Effluent
I'he pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the efflu
Ibere shall be no discharge of floating solids or visible foam in other than trace amounts.
NCO040142
G.
Part III Continued
Permit No. NCO040142
Toxicity Reopener
This permit shall be modified, or revoked and reissued to
incorporate toxicity limitations and monitoring requirements in
the event toxicity testing or other studies conducted on the
effluent or receiving stream indicate that detrimental effects may
be expected in the receiving stream as a result of this discharge.
The daily average limitations for oil and grease stated in Part I.,
A. shall be deemed to have been exceeded if either:
a. the arithmetic average of the analyses of all representative
samples taken during a calendar month by the permittee in
accordance with the monitoring requirements set forth above
exceeds 30 mg/l, or
b. the analyses of any two representative grab samples taken by
the State at least six hours apart during any consecutive
thirty day period each individually exceeds 30.0 mg/l.
Each sample taken by either the permittee or the State shall be
presumed to be representative. However, due to the variability of
the sampling and analysis of oil and grease discharges from
petroleum marketing terminals, the permittee may in good faith
declare a maximum of 101% of the samples taken by it during a
calendar year, but not more than one sample taken during any
calendar month, to be non -representative. No sample may be so
excluded it if is the only sample taken by the permittee during a
calendar month. Such a declaration must be included in writing
with the next Discharge Monitoring Report submitted in accordance
with Part I., C., 2. of this permit, and must include the results
of the analysis of the excluded sample, and a written explanation
for the exclusion of that sample. If any sample is so excluded,
the "daily average" concentration shall be the arithmetic average
of the analyses of the remaining non -excluded samples.
H . The "daily maximum" limitations for oil and grease stated in Part
I., A. shall be deemed to have been exceeded if either:
a. the arithmetic average of the analyses of all representative
samples taken during a calendar month by the permittee or by
this State (a minimum of two samples taken at least six hours
apart) in accordance with the monitoring requirements set forth
above exceeds 60.0 mg/l, or
b. the analysis of a single sample (when it is the only one taken
during the day by the permittee) exceeds 60.0 mg/l.
Each sample taken by either the permittee or the State shall be
presumed to be representative. However, due to the variability of
the sampling and analysis of oil and grease discharges from
petroleum marketing terminals, the permittee may in good faith
declare a maximum of 10% of the samples taken by it during a
calendar year, but not more than one sample taken during any
calendar month, to be non -representative. No sample may be so
IV
Part III Continued
Permit No. NC0040142
excluded it if is the only sample taken by the permittee during a
d th Such a declaration must be included in writing
cal
en ar mon
with the next Discharge Monitoring Report submitted in accordance
with Part I., C., 2. of this permit, and must include the results
of the analysis of the excluded sample, and a written explanation
for the exclusion of that sample. If any sample is so excluded,
the "daily average concentration shall be the arithmetic average
of the analyses of the remaining non -excluded samples.
Other petroluem company officials have contended that, while the
discharges from most of their marketing and bulk terminals are
capable of meeting this "daily maximum" limitation as stated
above, certain of their facilities cannot be so equipped to meet
this limitation as stated above. If the permittee can present
sufficient evidence to demonstrate that this facility cannot be so
equipped, the State will modify this limitation to the extent
needed (in no case to exceed 100.0 mg/1) to assure reasonable
complicance with the "daily maximum" limitation.
I. It is recognized that influent quality changes, equipment
malfunction, or other circumstances may sometimes result in
effluent concentrations exceeding the permit limitations despite
the exercise of appropriate care and maintenance measures, and
corrective measures by the permittee. The permittee may come
forward to demonstrate to the State that such circumstances exist
in any case where effluent concentrations exceed those set forth in
this permit. The State will consider such information in
determining appropriate enforcement measures, if any, to be taken.
J. A calendar day is defined as any consecutive 24 hour period.
K. The "daily maximum" concentration is defined as the arithmetic
average of one or more representative grab samples taken during any
calendar day. Should effluent sampling be done on more than one
calendar day during the month, the arithmetic average indicating
the largest "daily maximum" concentration shall be reported on the
Discharge Monitoring Report Form.
L. Collection of representative samples shall be required during
periods of discharges. Should there be no discharge during normal
working hours, the permittee shall report "no discharge" for that
reporting period.
M. The reported flow shall be the arithmetic average of the total
volume discharged on each of the sampling days during the reporting
period. Flow may be calculated utilizing a flow recorder, rain
gauge, or any other simliar device.
N. In connection with submission of records and reports required under
this permit, the permittee shall not be deemed to have waived such
privilege against self-incrimination as may be offered under or by
the Fifth Amendment of the United States' Constitution.
Pr
State of North Carolina
Department of Natural Resources and Community Development
Mooresville Regional Office
James G. Martin, Governor Albert F. Hilton, Regional Manager
S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 5, 1988
Mr. Joe M. Propst
Propst Brothers Distributors, Inc.
Post Office Box 949
Concord, North Carolina 28026
Subject: NPDES Permit No. NC 0040142
Propst Brothers Distributors
Cabarrus County, NC
Dear Mr. Propst:
Our records indicate that NPDES Permit No. NC 0040142 was
issued on May 2, 1988 for the discharge of wastewater to the
surface waters of the State from your facility. The purpose of
this letter is to advise you of the importance of the Permit and
the liabilities in the event of failure to comply with the terms
and conditions of the Permit. If you have not already done so,
it is suggested that you thoroughly read the Permit. Of
particular importance is Page I3.
Page I3 sets forth the effluent limitations and monitoring
requirements for your discharge. Your discharge must not exceed
any of the limitations set forth. The section headed "Monitoring
Requirements" describes the measurement frequencies, sample types
and sampling locations. Upon commencement of your discharge (or
operation), you must initiate the required monitoring. The
monitoring results must be entered on the DMR forms furnished to
you by this Agency. If you have not received these forms, they
should be arriving shortly. If you fail to receive the form,
please contact this Office as quickly as possible. I have
enclosed a sample of the "Effluent" reporting form (DEM Form
MR-1), plus instructions for completing the form. It is
imperative that all applicable parts be completed, otherwise the
forms may be returned to you as incomplete. Failure to properly
complete the forms may also result in an automatic $300.00 fine.
The remaining Parts of the Permit (Parts II and III) set
forth definitions, general conditions and special conditions
applicable to the operation of wastewater treatment facilities
and/or discharge(s). The conditions include special reporting
919 North Main Street, P.0 Box 950 Moorrsville, NC. 281151Yd50 • Telephone 7(}4f�(i3-Inw
An Equal Opportunit-v Arhrrixivc Action i mplo cr
Mr. Joe M. Propst
Page Two
May 5, 1988
requirements in the event of noncompliance, bypasses, treatment
unit/process failures, etc. Also addressed are requirements for
a certified wastewater treatment plant operator if you are
operating wastewater treatment facilities. Any changes in
operation of wastewater treatment facilities, quantity and type
of wastewater being treated or discharged, expansions and/or
upgrading of wastewater treatment facilities must be permitted or
approved by this Agency.
Failure to comply with the terms and conditions of an NPDES
Permit subjects the Permittee to enforcement action pursuant to
Section 143-215.6 of the North Carolina General Statutes. A
civil penalty of up to $10,000 per day per violation plus
criminal penalties may be assessed for such violations.
As a final note, an NPDES Permit is normally issued for a
five-year period. Permits are not automatically renewed.
Renewal requests must be submitted to this Agency no later than
180 days prior to expiration. Please make note of the expiration
date of your Permit. This date is set forth on Page M-1 or I-1
of the Permit. Also note that NPDES Permits are not
transferable. If you, as the Permittee, cease to need this
Permit, then you should request that the Permit be rescinded.
As mentioned previously, the purpose of this letter is to
advise you of the importance of your NPDES Permit. Please read
the Permit and contact this Office at 704/663-1699 in Mooresville
if you have any questions or need clarification. We look forward
to providing any assistance.
Sincerely,
D. Rex Gleason
Water Quality Regional Supervisor
Enclosure
DRG:se
Ir f
5
DIVISION OF ENVIRONMENTAL MANAGEMENT June 1, 1983 Ik6
114r. Clyde Klu
Propst e'
145 Ke ` t .I
0.
Concord " . �%bn
3
,11314 13 y Subject: Permit No. NC0040142
pka Propst Brothers Dist., Inc.
�Q Cabarrus County
Dear t'.r. Kluttz :
In accordance with your application for discharge Permit received February
14, 1903, we are forwarding herewit„ the subject State - 11PDEQ' Permit. This
Permit is issued nuro cant to the requirements of 'forth Carolina General Statutes
143--215.1 and the t'emorandum of A.&reement between `forth Carolina and the U. S.
Environmental Protection AF..ency dated October 10, 1975.
If any parts, requirements, or limitations contained in this Permit are
unacceptable to you, you have the right to an adjudicatory hearing before a
hearing officer upon written demand to the Director within 30 days following
receipt of t`�is Permit, identifying the specific issues to be contended. Unless
such demand is made, this Permit shall be final and binding.
Phase take notice that this Permit is not transfera'lle. Part II, B.2.
addresses the requirements to be followed in case of chancre of ownership or
control of this discharge.
This Permit does not affect the legal requirement to obtain other Permits
which m.av be required by the Division of L'nvironmental Manac;ement. If you have
any questions concerning this Permit, please contact "4r. David T. Adkins,
telephone 919/733-5083.
cc: Ir. Jim Patrick, .SPA
:'ooresville '?egional ','anager
Gincerely yours.,
Original Signed By
FORREST R. WESTALL
FOR
Pobert F. Helms
Director
eermit ivo.• M, 0040142
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
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,
Propst Brothers Distributors, Inc.
is hereby authorized to discharge wastewater from a facility located at
Concord
Cabarrus County
to receiving waters designated an unnamed tributary to Irish Buffalo Creek
in the Yadkin 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 JUN 0 1 W3
This permit and the authorization to discharge shall expire at midnight
on MAY 3 1 1
Signed this day of JUN 0 1 1983
Original Signed By
FORREST R. WESTALL
FOR
Robert F. Helms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
M1 & I1
Permit No. NC00401112
SUPPLEMENT TO PERMIT COVER SHEET
Propst Brothers Distributors, Inc.
is hereby authorized to:
1. Continue to operate an oil/water separator located at Propst Brothers
Distributors, Inc. in Concord, North Carolina (Note Part III of this
Permit), and
2. Discharge from said treatment works into an unnamed tributary zo Irish
Buffalo Creek which is classified Class "C" waters.
A. EFFLUENT LIMITATIONS AiVD MONITORING REQUIREMENTS - FINAL
During the period beginning the effective date and lasting through the term or this permit,
the permittee is authorized to discharge storm water and contaminated wastewater orginating
from point sources including, but not limited to, bulk storage tank areas, product transfer
areas, loading/unloading; areas, etc. Such discharges shall be limited and monitoring by the
perm-Lui,-e <a_s spe-cif eA-below:
luen_t_Characteristtic Discharge
Limitations
Monitoring
Requirements
- k /da (Lbs/dam
Other Units(Specify)
Measurement
Sample
Frequency
Type
Dail Avg. Daij Max.
Daily Avg. Daily Max.
Flow
1/Month
Estimate
Oil & Grease
not to exceed 60 mg/1
1/Month
Grab
30 mg/l
permit imposes no limitation on they discharge of stormwater runoff uncontaminated by any industrial or •commercial
cavity and not discharged through any oil -water separator or other treatment equipment or facility.
nples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s):
nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters.
'Ti
m.
n
El
rt
z
z
0
0
N
N
Part I
Permit No. NC
B. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
NOT APPLICABLE
2. 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 scheduled requirement.
M4&I4
PART I
Permit No. NC
Act used herein means the Federal Water Pollution Control Act, As amended.
DEM used herein means the Division of Environmental Management of the
Department of Natural Resources and Community Development
"EMC" used herein means the North Carolina Environmental Management
Commission.
C. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous month(s) shall be
summarized for each month and reported on a Monthly Monitoring Report
Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no later than the 45th
day following the completed reporting period. The first report is due on
. The DEM may require reporting of additional monitoring
results by written notification. Signed copies of these, and all other
reports required herein, shall be submitted to the following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
3. Definitions
a. The "daily average" discharge means the total discharge by weight
during a calendar month divided by the number of days in the month
that the production or commercial facility was operating. Where less
than daily sampling is required by this permit, the daily average
discharge shall be determined by the summation of all the measured
daily discharges by weight divided by the number of days sampled
during the calendar month when the measurements were made.
b. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to The EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The
Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the
Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
15
PART I
Permit No. I4C
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. iThe person(s) who performed the analyses;
d. The analytical techniques or methods used; and
e. The results of all required analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values required
in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.4)
Such increased monitoring frequency shall also be indicated. The DEM
may require more frequent monitoring or the monitoring of other pollu-
tants not required in this permit by written notification.
7. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring instrumentation shall be retained by the permittee
for a minimum of three (3) years, or longer if requested by the State
Division of Environmental Management or the Regional Administrator of
the Environmental Protection Agency.
I 6
PART I
Permit No. NC
A. MANAGEMENT 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. Any anticipated
facility expansions, production increases, or process modifications which
will result in new, different, or increased discharges of pollutants must
be reported by submission of a new NPDES application or, if such changes
will not violate the effluent limitations specified in this permit, by
notice to the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not previously limited.
Z. Non compliance Notification
If, for any reason, the permittee does not comply with or will be unable
to comply with any effluent limitation specified in this permit, the per-
mittee shall provide the Division of Environmental Management with the
following information, in writing, within five (5) days of becoming aware
of such condition:
a. A description of the discharge and cause of noncompliance; and
b. The period of noncompliance, including exact dates and times; or,
if not corrected; the anticipated time the noncompliance is expected
to continue, and steps being taken to reduce, eliminate and prevent
recurrence of the noncomplying discharge.
3. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to navigable waters resulting from noncompliance with any effluent
limitations specified in this permit, including such accelerated or
additional monitoring as necessary to determine the nature and impact of
the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, except (i) where
M 8 & I 7
PART II
Permit No. NC
unavoidable to prevent loss of life or severe property damage, or
(ii) where excessive storm drainage or runoff would damage any
facilities necessary for compliance with the effluent limitations
and prohibitions of this permit. The permittee shall promptly
notify the Water Quality Section of OEM in writing of each such
diversion or bypass.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the
course of treatment or control of wastewaters shall be disposed of 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.
7. Power Failures
In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
a. In accordance with the Schedule of Compliance contained in Part I,
provide an alternative power source sufficient to operate the waste-
water control facilities;
or,if such alternative power source is not in existence, and no date for
its implementation appears in Part I,
b. Halt, reduce or otherwise control production and/or all discharges
from wastewater control facilities upon the reduction, loss, or
failure of the primary source of power to said wastewater control
facilities.
8. 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.
IM
PART II
Permit No. NC
B. RESPONSIBILITIES
I. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regioral Administrator, and/or their authorized represen-
tatives, upon the presentations of credentials:
a. The enter upon the permittee's premises where an effluent source is
located or in rshic!: any records are required to be kept under the
terms and conditions of this permit; and
b. At reasonable times to have access to and copy any records required
to be kept unr'er the terms and conditions of this permit; to inspect
any monitoring equipment or monitoring method required in this permit;
and to sample zny discharge of pollutants.
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in control
or ownership Of from from which the authorized discharge emanates
or is contem4leteJ, the permittee shall notify the prospective owner or
controller by letter of the existence of this permit and of the need to
obtain a pe rA t it the name of the prospective owner. A copy of the
letter shale he,frrwarded to the Division of Environmental Management.
3. Availability n` Repnrts
Except for :data determined to be confidential under N. C. G. S. 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
ofrices of the Division of Environmental Management. As required by the Act,
effluent data shall not be considered confidential. Knowingly making any
false stater:ant on any such report may result in the im osition of criminal
penalties as provided for in N. C. G. S. 143-215.6(b)(2� or in Section
309 of the Federal Act.
4. Permit Modification
After notice and oppaartUnity for a hearing pursuant to N. C. G. S. 143-
215.1(b)(2) and n. S. 143-215.l(e) respectively, this permit may be
modified, suspende1, or revoked in whole or in part during its term for
cause including, `rut not limited to, the following:
a. Violation of any ter-,,.s or conditions of this permit;
b. Obtainira this permit by misrepresentation or failure to disclose
gully `R reievar't facts; or
c. A change in any condit_ion that requires either a temporary or
permanent rQductior or elfi-ninat.ion of the authorized discharge.
M10&I9
PART II
Permit No. NC
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit shall be revised or modified
in accordance with the toxic effluent standard or prohibition and the
permittee so notified.
6. Civil and Criminal Liability
Except as provided in hermit conditions on
and "Power Failures" (Part II, A-7), nothin
construed to relieve the permittee from civ
noncompliance pursuant to N. C. G. S. 143-2
Federal Act, 33 USC 13101.
7. Oil and Hazardous Substance Liability
91
Nothing in this
of any leaal ac
liabilities, or
under N. C. G.
33 USC 1321.
Property Rights
"Bypassing" (Part II, A-5)
g in this permit shall be
it or criminal penalties for
15.6 or Section 309 of the
permit shall be construed to preclude the institution
tion or relieve the permittee from any responsibilities,
penalties to which the permittee is or may be subject
S. 143-215.75 et seq. or Section 311 of the Federal Act,
The issuance of this permit do
real or personal property, or
authorize any injury to privat
rights, nor any infringement o
Severabi11ty
The provisions
permit, or the
stance, is held
cumstances, and
of this permit
application of
invalid, the
the reWkinder
es not convey any property
any exclusive privileges,
e property or any invasion
f Federal,State or local laws
are severable,
any provision
application of
of this permit
rights
nor does
of pers
in either
it
onal
or regulations.
and if any provision of this
of this permit to any circum-
such provision to other cir-
shall not be affected thereby.
M11 &I10
PART II
10. Expiration of Permit
Permittee is not
In order to recei
date, the permitt
are required by t
days prior to the
the expiration wi
provided in N. C.
authorized to discharge aft
ve authorization to dischar
ee shall submit such inform
he agency authorized to iss
expiration date. Any dis
11 subject the permittee to
G. S. 143-215.6 and 33 USC
Permit No NC
er the expiration
ge beyond the exp
ation, forms, and
ue permits no lat
charge without a
enforcement proc
1251 et seq..
date.
iration
fees as
er than 180
permit after
edures as
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►A
Permit No. NC'Jo40142
No sample may be so excluded if it is the only sample taken by the
permittee during a calendar month. Such a declaration must be included
in writing with the next Discharge Monitoring Report submitted in
accordance with Part I., C., 2. of this permit, and must include the
results of the analysis of the excluded sample, and a t-.ritten
explanation for the exclusion of that sample. If any sample is so
excluded, the "daily average" concentration shall be the arithmetic
average of the analyses of the remaining non -excluded samples.
2. The "daily maximum" limitation for oil and grease stated in Part I.,
A. shall be deemed to have been exceeded if either:
a. The arithmetic average of the analyses of all repre§entative
samples taken during a calendar day by the permittee or by
this State (a minimum of two samples taken at least six hours
apart) in accordance with the monitoring requirements set forth
above exceeds 60 mg/l; or
b. The analysis of a single sample (when it is the only one taken
during the day by the permittee) exceeds 60 mg/l.
Each sample taken by either the permittee or the State shall be presumed
to be representative. However, due to the variability of the sampling
and analysis of oil and grease discharged from petroleum marketing
terminals, the permittee may in good faith declare a maximum of 10%
of the samples taken by it during a calendar year, but not more than
one sample taken during any calendar month, to be non -representative.
No sample may be so excluded if it is the only sample taken by the
permittee during a calendar month. Such a declaration must be included
in writing with the next Discharge Monitoring Report submitted in
accordance with Part I., C., 2. of this permit, and must include the
results of the analysis of the excluded sample, and a written explan-
ation for the exclusion of that sample. If any sample is so excluded,
the "daily maximum" concentration shall be the arithmetic average of
the analyses of the remaining non -excluded samples.
Other Petroleum company officials have contended that, while the
discharges from most of their marketing and bulk terminals are capable
of meeting this "daily maximum" limitations as stated above, certain
of their facilities cannot be so equipped to meet this limitation
as stated above. If the permittee can present sufficient evidence to
demonstrate that this facility cannot be so equipped, the State will
modify this limitation to the extent needed (in no case to exceed
100 mg/1) to assure reasonable compliance with the "daily maximum"
limitation.
Permit No. NC004o142
3. It is recognized that influent quality changes, equipment malfunction,
or other circumstances may sometimes result in effluent concentrations
exceeding the permit limitations despite the exercise of appropriate
care and maintenance measures, and corrective measures by the permittee.
The permittee may come forward to demonstrate to the State that such
circumstances exist in any case where effluent concentrations exceed
those set forth in this permit. The State will consider such
information in determining appropriate enforcement measures, if any,
to be taken.
4. A calendar day is defined as any consecutive 24-hour period.
5. The "daily maximum" concentration is defined as the arithmetic average
of one or more representative grab samples taken during any calendar
day. Should effluent sampling be done on more than one calendar day
during the month, the arithmetic average indicating the largest "daily
maximum" concentrations shall be reported on the N. C. Discharge
Monitoring Report Form.
6. Collection of representative samples shall be required during periods
of discharges. Should there be no discharge during normal working
hours, the Permittee shall report "No Discharge" for that reporting
period.
7. The reported flow shall be the arithmetic average of the total volume
discharged on each of the sampling days during the reporting period.
Flow may be calculated utilizing a flow recorder, rain gauge, or any
other similar device.
8. In connection with submission of records and reports required under
this permit, the Permittee shall not be deemed to have waived such
privilege against self-incrimination as may be offered under or by
the Fifth Amendment of the United StatEsConstitution.
Permit No.• NC0040142
"T111'NL
1a• C• DVovaC� Lol lo'-' C
RF.S DRVti
o �'Jlgvo STATE OF NORTH CAROLINA
D V4k%NT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
01 DIVISION OF ENVIRONMENTAL MANAGEMENT
OF Atli W1 Mp—
���oe SYILIf RE61�NA1.
pFE1�E PERM IT
�►04RE 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,
Propst Brothers Distributors, Inc.
is hereby authorized to discharge wastewater from a facility located at
Concord
Cabarrus County
to receiving waters designated an unnamed tributary to Irish Buffalo Creek
in the Yadkin River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.
on
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight
Signed this day of
Robert F. Helms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
M1 & I1
Permit No. NC00401142
SUPPLEMENT TO PERMIT COVER SHEET
Propst Brothers Distributors, Inc.
is hereby authorized to:
1. Continue to operate an oil/water separator located at Propst Brothers
Distributors, Inc. in Concord, North Carolina (Note Part III of this
Permit), and
2. Discharge from said treatment works into an unnamed tributary To Irish
Buffalo Creek which is classified Class "C" waters.
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning the effective date and lasting through the term or this permit,
the permittee is authorized to discharge storm water and contaminated wastewater orginating
from point sources including, but not limited to, bulk storage tank areas, product transfer
areas, loading/unloading areas, etc. Such discharges shall be limited and monitoring by the
permittee as specified below:
luent Characteristic Discharge Limitations Monitoring Requirements
—`--^ kg/da�(lbs/dam
Dail Avh. Daily Max.
Flow
Oil & Grease
Other Units(Specif
Daily Avg. Daily Max.
not to exceed
30 mg/l
Measurement Sample
Frequency Type
1/Month
60 mg/l 1/Month
Estimate
Grab
;:`unit imposes no limitation on the diic;charge of stormwater runoff uncontaminated by any industrial or •commercial
ri.vity and not discharged through any oil -water separator or other treatment equipment or facility.
nples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s):
nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters.
b
(D .
Fj
rt
z
z
C)
0
0
0
N
Part I
Permit No. NC
B. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
NOT APPLICABLE
2. 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 scheduled requirementF
M4&I4
PART I
Permit No. NC
Act used herein means the Federal Water Pollution Control Act, As amended.
DEM used herein means the Division of Environmental Management of the
Department of Natural Resources and community Development
"EMC" used herein means the North Carolina Environmental Management
Commission.
C. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous month(s) shall be
summarized for each month and reported on a Monthly Monitoring Report
Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no later than the 45th
day following the completed reporting period. The first report is due on
. The DEM may require reporting of additional monitoring
results by written notification. Signed copies of these, and all other
reports required herein, shall be submitted to the following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
3. Definitions
a. The "daily average" discharge means the total discharge by weight
during a calendar month divided by the number of days in the month
that the production or commercial facility was operating. Where less
than daily sampling is required by this permit, the daily average
discharge shall be determined by the summation of all the measured
daily discharges by weight divided by the number of days sampled
during the calendar month when the measurements were made.
b. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to The EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The
Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the
Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
15
PART I
Permit No. NC
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. The person(s) who performed the analyses;
d. The analytical techniques or methods used; and
e. The results of all required analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values required
in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.4)
Such increased monitoring frequency shall also be indicated. The DEM
may require more frequent monitoring or the monitoring of other pollu-
tants not required in this permit by written notification.
7. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring instrumentation shall be retained by the permittee
for a minimum of three (3) years, or longer if requested by the State
Division of Environmental Management or the Regional Administrator of
the Environmental Protection Agency.
16
PART ii
Permit No. NC
A. MANAGEMENT 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. Any anticipated
facility expansions, production increases, or process modifications which
will result in new, different, or increased discharges of pollutants must
be reported by submission of a new NPDES application or, if such changes
will not violate the effluent limitations specified in this permit, by
notice to the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not previously limited.
2. Non compliance Notification
If, for any reason, the permittee does not comply with or will be unable
to comply with any effluent limitation specified in this permit, the per-
mittee shall provide the Division of Environmental Management with the
following information, in writing, within five (5) days of becoming aware
of such condition:
a. A description of the discharge and cause of noncompliance; and
b. The period of noncompliance, including exact dates and times; or,
if not corrected; the anticipated time the noncompliance is expected
to continue, and steps being taken to reduce, eliminate and prevent
recurrence of the noncomplying discharge.
3. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to navigable waters resulting from noncompliance with any effluent
limitations specified in this permit, including such accelerated or
additional monitoring as necessary to determine the nature and impact of
the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, except (i) where
M8&I7
PART II
Permit No. NC
unavoidable to prevent loss of life or severe property damage, or
(ii) where excessive storm drainage or runoff would damage any
facilities necessary for compliance with the effluent limitations
and prohibitions of this permit. The permittee shall promptly
notify the Water Quality Section of DEM in writing of each such
diversion or bypass.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the
course of treatment or control of wastewaters shall be disposed of 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.
7. Power Failures
In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
a. In accordance with the Schedule of Compliance contained in Part I,
provide an alternative power source sufficient to operate the waste-
water control facilities;
or, if such alternative power source is not in existence, and no date for
its implementation appears in Part I,
b. Halt, reduce or otherwise control production and/or all discharges
from wastewater control facilities upon the reduction, loss, or
failure of the primary source of power to said wastewater control
facilities.
8. 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.
IM
19:13�1
Permit No. NC
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regioral Administrator, and/or their authorized represen-
tatives, upon the presentations of credentials:
a. The enter upon the permittee's premises where an effluent source is
located or in whit` any records are required to be kept under the
terns and conditions of this permit; and
b. At reasonable times to have access to and copy any records required
to be kept under the terms and conditions of this permit; to inspect
any monitoring equioment or monitoring method required in this permit;
and to sample eny discharge of pollutants.
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in control
or ownership of fa.zilitips from which the authorized discharge emanates
or is conterolvit.-I, the permittee shall notify the prospective owner or
controller by letter of the existence of this permit and of the need to
obtain a permitit the name of the prospective owner. A copy of the
letter shall he,frrwarded to the Division of Environmental Management.
3. Availability of Reports
Except for :data determined to be confidential under N. C. G. S. 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 im osition of criminal
penalties as provided for in N. C. G. S. 143-215.6(b)(2� or in Section
309 of the Federal Act.
4. Permit Modification
After notice and oppartunity for a hearing pursuant to N. C. G. S. 143-
215.1(b)(2) and G. S. 14-1-215.1(e) respectively, this permit may be
modified, suspends:;, or revoked in whole or in part during its term for
cause including, iut rot limited to, the following:
a. Violation of any termis or conditions of this permit;
b. Obtainir,p th':s permit by misrepresentation or failure to disclose
gully -1 re+evan`� facts; or
c. A change in an/ condition that requires either a temporary or
permianent reductior or elfi-nination of the authorized discharge.
M10&I9
PART II
Permit No. NC
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a)
of the Act for z toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit shall be revised or modified
in accordance with the toxic effluent standard or prohibition and the
permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, A-5)
and "Power Failures" (Part II, A-7), nothing in this permit shall be
construed to relieve the permittee from civil or criminal penalties for
noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the
Federal Act, 33 UDC 1319.
7. 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
under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act,
33 USC 1321.
8. 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.
9. Severability
The provisions of this permit are severable, and if any provision of this
permit, or the application of any provision of this permit to any circum-
stance, 'is held invalid, the application of such provision to other cir-
cumstances, and the remainder of this permit shall not be affected thereby.
PART II
Permit No NC
10. Expiration of Permit
Permittee is not authorized to discharge after the expiration date.
In order to receive 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 without a permit after
the expiration will subject the permittee to enforcement procedures as
provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq..
I 11
PART III
Permit No. NCo040142
B. Previous Permits
All previous State water quality permits issued to this facility,
whether for construction or operation or discharge, are hereby revoked
by issuance of this permit. The conditions, requirements, terms, and
provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System governs discharges from this
facility.
C. Construction
No construction of wastewater treatment facilities or additions thereto
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. If no objections to Final
Plans and Specifications has been made by the DEM after 30 days following
receipt of the plans or issuance of this permit, whichever is latter, the
plans may be considered approved and construction authorized.
D. Certified Operator NOT APPLICABLE
Pursuant to Chapter 90A of North Carolina General Statutes, the permittee
shall employ a certified wastewater treatment plant operator in responsible
charge of the wastewater treatment facilities. Such operator must hold a
certification of the grade equivalent to the classification assigned to
the wastewater treatment facilities.
E. Other Requirements
1. The "daily average" limitations for oil and grease stated in Part I.,
A. above, shall be deemed to have been exceeded if either:
a. The arithmetic average of the analyses of all representative
samples taken during a calendar month by the permittee in
accordance with the monitoring requirements set forth above
exceeds 30 mg/l; or
b. The analyses of any two representative grab samples taken by
the State at least six (6) hours apart during any consecutive
thirty (30) day periods each individually exceed 30 mg/l.
Each sample taken by either the permittee or the State shall be
presumed to be representative. However, due to the variability of
the sampling and analysis of oil and grease discharge from petroleum
marketing terminals, the permittee may in good faith declare a maximum
of 100' of the samples taken by it during a calendar year, but not
more than one sample taken during any calendar month, to be non-
representative.
M I 9 T 19
Permit No. NC0040142
No sample may be so excluded if it is the only sample taken by the
permittee during a calendar month. Such a declaration must be included
in writing with the next Discharge Monitoring Report submitted in
accordance with Part I., C., 2. of this permit, and must include the
results of the analysis of the excluded sample, and a written
explanation for the exclusion of that sample. If any sample is so
excluded, the "daily average" concentration shall be the arithmetic
average of the analyses of the remaining non -excluded samples.
2. The "daily maximum" limitation for oil and grease stated in Part I.,
A. shall be deemed to have been exceeded if either:
a. The arithmetic average of the analyses of all repre§entative
samples taken during a calendar day by the permittee or by
this State (a minimum of two samples taken at least six hours
apart) in accordance with the monitoring requirements set forth
above exceeds 60 mg/l; or
b. The analysis of a single sample (when it is the only one taken
during the day by the permittee) exceeds 60 mg/l.
Each sample taken by either the permittee or the State shall be presumed
to be representative. However, due to the variability of the sampling
and analysis of oil and grease discharged from petroleum marketing
terminals, the permittee may in good faith declare a maximum of 10%
of the samples taken by it during a calendar year, but not more than
one sample taken during any calendar month, to be non -representative.
No sample may be so excluded if it is the only sample taken by the
permittee during a calendar month. Such a declaration must be included
in writing with the next Discharge Monitoring Report submitted in
accordance with Part I., C., 2. of this permit, and must include the
results of the analysis of the excluded sample, and a written explan-
ation for the exclusion of that sample. If any sample is so excluded,
the "daily maximum" concentration shall be the arithmetic average of
the analyses of the remaining non -excluded samples.
Other Petroleum company officials have contended that, while the
discharges from most of their marketing and bulk terminals are capable
of meeting this "daily maximum" limitations as stated above, certain
of their facilities cannot be so equipped to meet this limitation
as stated above. If the permittee can present sufficient evidence to
demonstrate that this facility cannot be so equipped, the State will
modify this limitation to the extent needed (in no case to exceed
100 mg/1) to assure reasonable compliance with the "daily maximum"
limitation.
Permit No. NC0040142
3. It is recognized that influent quality changes. equipment malfunction,
or other circumstances may sometimes result in effluent concentrations
exceeding the permit limitations despite the exercise of appropriate
care and maintenance measures, and corrective measures by the permittee.
The permittee may come forward to demonstrate to the State that such
circumstances exist in any case where effluent concentrations exceed
those set forth in this permit. The State will consider such
information in determining appropriate enforcement measures, if any,
to be taken.
4. A calendar day is defined as any consecutive 24-hour period.
5. The "daily maximum" concentration is defined as the arithmetic average
of one or more representative grab samples taken during any calendar
day. Should effluent sampling be done on more than one calendar day
during the month, the arithmetic average indicating the largest "daily
maximum" concentrations shall be reported on the N. C. Discharge
Monitoring Report Form.
6. Collection of representative samples shall be required during periods
of discharges. Should there be no discharge during normal working
hours, the Permittee shall report "No Discharge" for that reporting
period.
7. The reported flow shall be the arithmetic average of the total volume
discharged on each of the sampling days during the reporting period.
Flow may be calculated utilizing a flow recorder, rain gauge, or any
other similar device.
8. In connection with submission of records and reports required under
this permit, the Permittee shall not be deemed to have waived such
privilege against self-incrimination as may be offered under or by
the Fifth Amendment of the United StatesConstitution.
'R
p R, 'Ik/
PN� PaR
Mr. C. M. Howell, General Manager
Propst Brothers Distributors, Inc.
145 Kerr Street, N. W.
Concord, NC 28025
Subject:
Dear Mr. Howell:
DIVISION OF ENVIRONMENTP.L MANAGEMENT
September 30, 1978
Permit No. NC0040142
Propst Bros. Dists. Inc.
Cabarrus County
In accordance with your application for discharge Permit received
June 5, 1977, we are forwarding herewith the subject State - NPDES
Permit. This Permit is issued pursuant to the requirements of North
Carolina General Statutes 143-215.1 and the Memorandum of Agreement
between North Carolina and the U. S. Environmental Protection Agency
dated October 19, 1975.
If any parts, requirements, or limitations contained in this Permit
are unacceptable to you, you have the right to an adjudicatory hearing
before a hearing officer upon written demand to the Director within 30
days following receipt of this Permit, identifying the specific issues
to be contended. Unless such demand is made, this Permit shall be final
and binding.
Please take notice that this Permit is not transferable. Part II,
B.2. addresses the requirements to be followed in case of change in
ownership or control of this discharge.
This Permit does not affect the legal requirement to obtain other
Permits which may be required by the Division of Environmental Management.
If you have any questions concerning this Permit, please contact us.
Sincerely yours,
L. P. BENTON, JR.
.--F. McRorie
Director
cc: u8buth Piedmont Field Office
Mr. George Barlow, EPA
Permit No. NC 0 0 4 0 :1 4 2
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
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,
Propst Brothers Distributors, Inc.
is herekyy authorized to discharge wastewater from a facility located at
Concord
Cabarrus County
to receiving waters
Unnamed tributary to Irish Buffalo Creek in the Yadkin 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 SEP 0 1978
This permit and the authorization to discharge shall expire at midnight
on 'JUN 3 0 1983
Signed this day of SEP 3 0 1978
0 g�naI v:gned by
L. P. BENTON, JR.
1111� F. McRorie, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
M 1 & T
Page of
Permit No. NC p 0 4 0 14
SUPPLEMENT TO PERMIT COVER SHEET
Propst Brothers Distributors, Inc.
is hereby authorized to:
1. Make an outlet into an unnamed tributary to Irish Buffalo Creek,
2. Continue to operate an oil/water separator located at Propst Brothers
Distributors, Inc. in Concord, North Carolina (Note Part III, Condition
No. C of this Permit), and
3. Discharge from said treatment works into an unnamed tributary, to Irish
Buffalo Creek which is classified Class "C".
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS o FINAL
During +ha narintj haginning th i i u ing 11/ i 1 GV�TM9t 2AI1
c cffcr i Ac ata ` anA 1 dSt �+ tell e { + u t. ion,
S i�.�T t' I .
permiT..vee is ajihorite` to disl,llai��C IILtu uuuii�:•/' -.
Such discharges shall be limited and monitored by the permittee as specified belo+:
Effluent Characteristics Dig scharge Limitations wloni tur'ir►q Requirements
Kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequencyype Location
Oil and Grease
10 mg/l 15 mg/l Quarterly
Grab Effluent
NOTE: When the discharge of effluent is done only for an occasional day at irregular intervals the sampling
and testing shall be done each day that the waste is released without regard to the monthly or weekly frequency
required above.
Part I
Page of
Permi t No. NC 0
Q. SCHEDUL. OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
NOT APPLICABLE
2. 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 scheduled requirement.
M4&I4
PART I
Page of
Permit No. NC
Act used herein means the Federal Water Pollution Control Act, As amended.
DEM used herein means the Division of Environmental Management of the
Department of Natural and Economic Resources.
"EMC" used herein means the North Carolina Environmental Management
Commission.
C. MONITORING AND REPORTING
I. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous ' month(s) shall be
summarized for each month and reported on a Monthly Monitoring Report
Form (DEM No. MR 1.0, 1.1, 1.2, and 1.3) postmarked no later than the 45th
day followingg the completed reporting period. The first report is due on
NOV 1,5 1978 . The DEM may require reporting of additional monitoring
results by written notification. Signed copies of these, and all other
reports required herein, shall be submitted to the following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
3. Definitions
a. The "daily average" discharge means the total discharge by weight
during a calendar month divided by the number of days in the month
that the production or commercial facility was operating. Where less
than daily sampling is required by this permit, the daily average
discharge shall be determined by the summation of all the measured
daily discharges by weight divided by the number of days sampled
during the calendar month when the measurements were made.
b. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
Test Procedures
Test procedures for the analysis of pollutants shall conform to The EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The
Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the
Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
I 5
PART I
Page of
Permit No. NC
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. The person(s) who performed the analyses;
d. The analytical techniques or methods used; and
e. The results of all required analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values required
in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.2, and 1.3).
Such increased monitoring frequency shall also be indicated. The DEM
may require more frequent monitoring or the monitoring of other pollu-
tants not required in this permit by written notification.
7. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring instrumentation shall be retained by the permittee
for a minimum of three (3) years, or longer if requested by the State
Division of Environmental Management or the Regional Administrator of
the Environmental Protection Agency.
W.
PART IT
Permit No. NC
A. MANAGEMENT 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. Any anticipated
facility expansions, production increases, or process modifications which
will result in new, different, or increased discharges of pollutants must
be reported by submission of a new NPDES application or, if such changes
will not violate the effluent limitations specified in this permit, by
notice to the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not previously limited.
2. Non compliance Notification
If, for any reason, the permittee does not comply with or will be unable
to comply with any effluent limitation specified in this permit, the per-
mittee shall provide the Division of Environmental Management with the
following information, in writing, within five (5) days of becoming aware
of such condition:
a. A description of the discharge and cause of noncompliance; and
b. The period of noncompliance, including exact dates and times; or,
if not corrected; the anticipated time the noncompliance is expected
to continue, and steps being taken to reduce, eliminate and prevent
recurrence of the noncomplying discharge.
3. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to navigable waters resulting from noncompliance with any effluent
limitations specified in this permit, including such accelerated or
additional monitoring as necessary to determine the nature and impact of
the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, except (i) where
M8&I7
PART II
Page of
Permit No. NC
unavoidable to prevent loss of life or severe property damage, or
(ii) where excessive storm drainage or runoff would damage any
facilities necessary for compliance with the effluent limitations
and prohibitions of this permit. The permittee shall promptly
notify the Water Quality Section of DEM in writing of each such
diversion or bypass.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the
course of treatment or control of wastewaters shall be disposed of 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.
7. Power Failures
In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
a. In accordance with the Schedule of Compliance contained in Part I,
provide an alternative power source sufficient to operate the waste-
water control facilities;
or,if such alternative power source is not in existence, and no date for
its implementation appears in Part I,
b. Halt, reduce or otherwise control production and/or all discharges
from wastewater control facilities upon the reduction, loss, or
failure of the primary source of power to said wastewater control
facilities.
8. 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.
PART II
Permi t No. NC
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized represen-
tatives, upon the presentations of credentials:
a. The enter upon the permittee's premises where an effluent source is
located or in which any records are required to be kept under the
terms and conditions of this permit; and
b. At reasonable times to have access to and copy any records required
to be kept under the terms and conditions of this permit; to inspect
any monitoring equipment or monitoring method required in this permit;
and to sample any discharge of pollutants.
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in control
or ownership of facilities from which the authorized discharge emanates
or is contemplated, the permittee shall notify the prospective owner or
controller by letter of the existence of this permit and of the need to
obtain a permit in the name of the prospective owner. A copy of the
letter shall be forwarded to the Division of Environmental Management.
3. Availability of Reports
Except for data determined to be confidential under N. C. G. S. 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 im osition of criminal
penalties as provided for in N. C. G. S. 143-215.6(b)(2� or in Section
309 of the Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to N. C. G. S. 143-
215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be
modified, suspended, or revoked in whole or in part during its term for
cause including, but not limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose
fully all relevant facts; or
c. A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
M10&I9
PART II
Permit No. NC
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit shall be revised or modified
in accordance with the toxic effluent standard or prohibition and the
permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, A-5)
and "Power Failures" (Part II, A-7), nothing in this permit shall be
construed to relieve the permittee from civil or criminal penalties for
noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the
Federal Act, 33 USC 1319.
7. 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
under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act,
33 USC 1321.
8. 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.
9. Severability
The provisions of this permit are severable, and if any provision of this
permit, or the application of any provision of this permit to any circum-
stance, is held invalid, the application of such provision to other cir-
cumstances, and the remainder of this permit shall not be affected thereby.
M11 &I10
PART II
10. Expiration of Permit
Permittee is not
In order to recei
date, the permitt
are required by t
days prior to the
the expiration wi
provided in N. C.
authorized to discharge
ve authorization to disc
ee shall submit such in
he agency authorized to
expiration date. Any
11 subject the permittee
G. S. 143-215.6 and 33
Page of
Permit No NC
after the expiration
harge beyond the ex
formation, forms, an
issue permits no la
discharge without a
to enforcement pro
USC 1251 et seq..
d
date.
piration
fees as
ter than 180
permit after
cedures as
I 11
PART III
Page of
Permi t No. NCO 04 C) 1 4
B. PrE!vious Permits
All previous State water quality permits issued to this facility,
whE!ther for construction or operation or discharge, are hereby revoked
by issuance of this permit. Receipt of the permit constitutes notice of
such action. The conditions, requirements, terms, and provisions of this
permit authorizing discharge under the National Pollutant Discharge Elimi-
nation System governs discharges from this facility.
C. Construction
No construction of wastewater treatment facilities or additions
thereto 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. If no objections to Final
Plans and Specifications has been made by the DEM after 30 days following
receipt of the plans, the plans may be considered approved and construction
aut.hori zed.
D. Certified Operator- NOT APPLICABLE
Pursuant to Chapter 90A of North Carolina General Statutes, the
perriittee shall employ a certified wastewater treatment plant operator in
responsible charge of the wastewater treatment facilities. Such operator
must hold a certification of the grade equivalent to the classification
assigned to the wastewater treatment facilities.
M15&I12
Al
Permit No. NC
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY. DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
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,
Propst Brothers Distributors, Inc.
is hereby authorized to discharge wastewater from a facility located at
Concord
Cabarrus County
to receiving waters
Unnamed tributary to Irish Buffalo Creek in the Yadkin River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.
on
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight
Signed this day of
A. F. McRorie, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
M 1 & I 1
I
Page of
Permit No. NC
SUPPLEMENT TO PERMIT COVER SHEET
Propst Brothers Distributors, Inc.
is hereby authorized to:
1. Make an outlet into an unnamed tributary to Irish Buffalo Creek,
2. Continue to operate an oil/water separator located at Propst Brothers
Distributors, Inc. in Concord, North Carolina (Note Part III, Condition
No. C of this Permit), and
3. Discharge from said treatment works into an unnamed tributary to Irish
Buffalo Creek which is classified Class "C".
III
A. ( 1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning Pn the f�e�c(tYe I and lasting until expiration,
permittee is authorized to discharge rom out s s) se n number(s).001.
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location
Oil and Grease
10 mg/l 15 mg/l Quarterly
Grab Effluent
NOTE: When the discharge of effluent is done only for an occasional day at irregular intervals the sampling
and testing shall be done each day that the waste is released without regard to the monthly or weekly frequenc°
required above.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
PART III
Page of
Permit No. NC
B. Previous Permits
All previous State water quality permits issued to this facility,
whether for construction or operation or discharge, are hereby revoked
by issuance of this permit. Receipt of the permit constitutes notice of
such action. The conditions, requirements, terms, and provisions of this
permit authorizing discharge under the National Pollutant Discharge Elimi-
nation System governs discharges from this facility.
C. Construction
No construction of wastewater treatment facilities or additions
thereto 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. If no objections to Final
Plans and Specifications has been made by the DEM after 30 days following
receipt of the plans, the plans may be considered approved and construction
authorized.
D. Certified Operator- NOT APPLICABLE
Pursuant to Chapter 90A of North Carolina General Statutes, the
permittee shall employ a certified wastewater treatment plant operator in
responsible charge of the wastewater treatment facilities. Such operator
must hold a certification of the grade equivalent to the classification
assigned to the wastewater treatment facilities.
M15& 112
STAFF REPORT AND RECOMMENDATIONS
Part I - INSPECTION OF EXISTING WASTEWATER TREATMENT PLANT SITE
1. Place visited: Propst Brothers Distributors, Inc.
Concord
Cabarrus County, N. C.
2. Date: June, 1978
3. by: David T. AdkinVLG
4. Persons contacted: None
5. Directions to site: The site is located at 145 Kerr Street, N. W.
in the City of Concord.
6. Size: There is adequate area for the continued operation of the
facility.
8. Topography: Graded level and paved on site.
9. Location of Nearest Dwelling: Many within 1000 feet of the site.
10. Receiving Stream: Unnamed tributary to Irish Buffalo Creek
(a) Classification: "C"
(b) Minimum 7-Day, 10-Year discharge at site: 0.00 cfs
(c) Usage: Fishing, boating, wading and any other best usage except
for bathing or as a source of water supply for drinking, culinary
or food processing purposes.
Part II - DESCRIPTION OF TREATMENT WORKS
The fuel farm at Propst Brothers is contained by a dike and has an oil
and water separator.
The domestic wastewater is treated in the City of Concord Wastewater
Treatment Plant.
Part III - EVALUATION AND RECOMMENDATIONS
The surface runoff is all diverted through the oil and water separator
and seems satisfactory to prevent oil from reaching the surface waters
of the State.
It is recommended a Permit to Discharge be issued for this facility.
F,,rm Apprl,v, d
OMB No. 1 R-1?'100n
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLlr.At�,;•, r
APPLICATION FOR PEP141T TO DISCHARGE - SHORT FORM D FOR Q
AGENCY
USE DA'E Pi
To be filed only by services, wholesale and retail trade, I I e716
Q
and other commercial establishments including vessels
YEAR 1,10. CAY
Do not attempt to complete this form without reading the accompanying instructions
Please print or type
1. %ame, address, and telephone number of facility producing discharge
A. Name. Propst Bros Dists Inc
B. Street address 145 St., N. W_
C. City Concord D. State N. C. 28025
E. County C ghnrruS _ F. ZIP 28025
G. Telephone No. Ina_ 7RR 9. 1 n9
Area
Code
2. SIC _T__jG
i n
(Leave blank)
3. Number of employees 20 197
S
4. Nature of business
Dispense refined petroleum products `
iS
5. (a) Check here if discharge occurs all year], or ;rJINT$.$•
(b) Check the month(s) discharge occurs:
1.0 January 2.0 February 3.0 March 4.0 April 5.0 May
6.0 June 7. 0 July 8. 0 August 9. ❑ September 10.0 October
11.0 November 12. o December
(c) How many days per week:
1.01 2.0 2-3 3.0 4-5 4.0 6-7
6. Types of waste water discharged to surface waters only (check as applicable)
Flow, gallons per operating day
Volume treated before
discharging (percent)
Discharge per
operating day
0.1-999
1000 -4994
5000-9999
10,000-
50,000
None
0.1-
30-
65-
95-
49,999
or more
29.9
64.9
94.9
100
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
A. Sanitary, daily
average
B. Cooling water, etc.,
daily average
C. Other discharge(s),
daily average;
X
Amount
f discharge
is
totally
X
"per ify
dependent
on rainfall
D. Maximum per operat-
ing day for combined
discharge (all types)
EPA Form 7550.9 (1-73)
7. If any of the types of waste idrrntified in item 6, eit:: ed or un--
treated, are discharged to places other than surface wat neck below
as applicable.
ii
Waste water is discharged to:
N/A
0.1-999
(1)
1000-4999
(2)
5000-9999
(3)
10,000-49,999
(4)
50,or more
(5)
A. Municipal sewer system
B. Underground well
C. Seatir tank
D. Evaporation lagoon or pond
E. Other, specify:
8. Number of separate discharge points:
A- 61 B. 02-3 C.o 4-5 D.o 6 or more
9. Name of receiving water or waters Buffalo Creek
10. Does your discharge contain or is it possible for your discharge to contain
one or more of the following substances added as a result of your operations,
activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium,
chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and
grease, and chlorine (residual
A. o yes 8.0 no
No substance added- oil might be washed from surface by rainwater runoff.
I certify that I am familiar with the information contained in the application and
that to the best of my knowledge and belief such information is true, complete, and
accurate.
C. M, Howell
Printed Name of Person Signing
General Manager
Title
5-26-77
Date Application Signed
Signature of Applican
18 U.S.C. Section 1001 provides that;
Whoever, in any matter within the jurisdiction of any department or agency of the United States
knowingly and wilfully falsifies, conceals, or covers up by any trick, scheme, or device a
material fact, ormakes any false, fictitious, or fraurblent statements or representations; or
makes or uses any false writing or document knowing same to.contain any false, fictitious, or
fraudulent statement or entry, shall be finednot more than $10,000 or imprisonednot more
than 5 years, or both.
EPA Form 7550.9 (1-73) (Reverse)
STAFF REPORT AND RECOfMMENDATIONS
Part I - INSPECTION OF EXISTING WASTEWATER TREATMENT PLANT SITE
1. a, Place visited: Propst Brothers Distributors, Inc.
b. Mailing Address: Post Office Box 949
Concord, North Carolina 28025
2. Date of Investigation: 3/30/83 Date of Report: 3/31/*-)e
3. By: Michael L. Parker, Environmental Engineering Tech. III
4. a. Person contacted: Mr. Clyde F. Kluttz, Jr. /�
b. Phone !Io.: (704) 788-2102
5. Directions to site: Travel south on Highway 501-29 from the junction
of 601-29 and Highway 73. Turn left after approximately 1' miles on
McGill Avenue. Travel approximately 1 mile and turn right onto Kerr
Street. Propst Brothers is located at 145 Kerr Street.
6. a. The coordinates to the existing point of effluent discharge are:
Latitude: 35024'39"
Longitude: 90035145"
b. USGS Quad No.: F 16 NE (Concord) (see attached map)
7, Size (land available for expansion and upgrading): There is limited
area available for expansion and upgrading.
8. Topography: Hilly, 3-8' slopes.
9. Location of nearest dwelling: Several are located within 500 feet
of the treatment plant.
10. Receiving Stream: Unnamed tributary to Irish Buffalo Creek
a. Classification: "C"
b. Minimum 7-Day, 10-Year discharge at site: o cfs
c. River 3asin and Sub -Basin No.: Yadkin 03-07-12
Part II - DESCRIPTION OF EXISTING TREATMENT FACILITIES
1. Existing Facilities: The existing facilities consist entirely of an
oil/water separator. All domestic wastewater is treated at the
Cabarrus County's Rocky River Wastewater Treatment Plant.
Part III - EVALUATION AND RECOrHENDATIONS
I. Performance Evaluation: A review of the past twelve monthly self -
monitoring reports indicates that the facility is achieving adequate
treatment. No value above 5.2 mg/l oil and grease was reported during
this period.
PV
Page Two
2. 0 & M Evaluation: During the site investigation the oil/water
separator appeared to be well operated and maintained.
3. Recommendations and/or Special Conditions: It is recommended that the
14PDES Permit for this facility be renewed.
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North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
DIVISION OF ENVIROMIENTAL MANAGEMENT February 14, 1983
Hr. Clyde F. Kluttz. Jr
Propa t Bros Diets., Inc
PO Bo,s 90 _
Concord. NG 2802.E
SUBJECT: Application for NPDES Permit
*TC0040142 7.1
Cabarrus County
Dear Mr. Kluttx FEB
Receipt of the following documents is hereby acknowled ed:
QUAL1
Application Form Y
Engineering Proposal (for proposed control facilities)i-SECTION
g Request for permit renewal
Other
If any of the items listed below are checked, the application received is
incomplete and the indicated item(s) must be received before review can begin:
Application Form (copies enclosed)
Engineering Proposal (See (b) 1-5 on attached)
Other
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Mz. David T. Adkins
(919/733-5181) of our Permits Unit for review and preparation of a ra t per-
mit. Once the permit is drafted, public notice must be issued for forty-five
(45) days prior to final action on the issuance or denial of the permit. You
will be advised of any comments, recommendations, questions or other informa-
tion necessary for the review of the application.
I am, by copy of this letter, requesting that our Regional Office Super-
visor prepare a staff report and recommendations regarding this discharge.
If you have any questions regarding this application, please contact the review
person listed above.
SinceS1�'ivcD �Y
DAVIp T. ADKINS
William C. Mills, Supervisor
Permits and Engineering Unit
cc:
David Adkins
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer
HAPPY MOTORING
PROPST BROS. DISTS.. INC.
P C BOX 949
CONCORD. N. C., 28025
February 11, 1983
Mr. Robert F. Helms
N. C. Dept. of natural Resources
and Community Development
P. O. Box 27687
Raleigh, N. C. 27611-7687
Dear Mr. Helms:
"WATCHDOG"
OIL HEAT SERVICE
Regarding your letter dated January 6, 1983, we wish to renew NPDES
Permit No. NCO040142 Cabarrus County. Also, please send future
correspondence to Mr. Clyde F. Kluttz, Jr. at the above address.
Sincerely,
PROPST BROS. DISTS. , INC.
Don Isley
General Manager
DI/mmr
o WATER QU
'°-ERATipNs Carr
RANCH