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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� VFJ0pp E au) A 19Q 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 �rr�arz�� ��oa•o� 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. 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O D\tvpU.- '° /" ,, .ry �• �.I?, sr• 1rCOl:R- W NZFpRO {`il V �P. oe��h 0 1dA L ' p� ' rnHCLJiuF ��O y y COTTON v VJ?.'^,9° P�' l� '' �t Ens Q• S- w NWO O r C � N � � ,. o s.e. s t s yto •s CC AVSh NOO h� l F I�EF' EL C U' r n Qo i SK' J. '�t n �` Z� 6 5S �" N ..i n 1 �VR�' ..o" '`b:. A.Sk' �': ': 5� sl,�o cT 5'N' `nJ\s'� �C' 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 l/5N O9N lINO 00011 1000` NONININ 000`6 30001 NONIXVN 296`V 1000` ]5V8]AV NVHl%%]l 3000` 3Pl8 00013 3000` 1 1/l8 00V19 3000` 01/l8 0O3`l 3000` 60/l8 000`6 4000` 8O/18 OOO`s 1000` l0/l8 OO2`8 3000` 90/l8 O0S`3 3000` S0/l8 00812 vO/l8 OO8`2 2O/l8 000`02 .::! lON lINIl 009`� 3O/l8 OOO`t. 10/l8 000`02 A lINIl 3%85-lIO O5N/O HlNON 9s sOO 090M; %O88V8V3 20--AlN003/NOIq38 O8O3NO3--NOIlV3Ol 0--%%Vl3 0000` --mold NOI%]O 3NI'`l%IO %8]H1088 l%dO8J--AlIlI30:1 3---301 M8-10l8 AOI8]J l8OJ]8 bOO--]JId MKOV003N--lIN8]IJ 4 ]5VJ lHOJ]H %I%AlVNV NOIlVOlVA] 33NVIlJNO3 88/01/3O dw/88X] 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. 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E r C a) r in L rp S- S L O a) S- Q) V) to +-) -r L C a) S.- Cl 4- t0 a) 4- (0 S_ ►- d r0 W Q+) E E 0 E i C1.0 Vl •r 7 r 4-3) O r -CO V) •r to •r- � r Q) r 3 Q) 4-) •r > r- -r V) U r- +-) -I--C a) C 4-) 1n r-- L +1 L r- Q) O .- U C (U +1 ro U ca L L rU tU L a) 4--)d r- L >) L O 0 O O .0 O C r yv r a) O L L () L O -' �L Qa4- U Z rn+ldCl. 1 [1 U V) U U+-) U C; W n r d rr ►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. v�r:�W'a s ter.I ! VN f R'. 1\ n10VV 7: �• [ {j _ qre BIG 77 41* 61 likF111.nbY.�l • - /? ✓-�' /moo ��y,4 - ^.f �` .� . •`* fIN 7-iyl.',, � - tA4`�,.\ L .•... ��{{ •` �\ .` 1� fit;.'_ a •�� '� � � art+ y .• s � �\� t PU*", X ';�,� ,3+•�., .� S '4� �y� .,yam 1 .�• '� +a ,, r r.� . `� '. 0 �4, r,•ct'� flu I �A� � Its �'� ^ �—°r X •' �r-- • ;N. F ��Y���� � s � -^ .tip �q`�"r,,�j= '•• � y., { � . t • �j.„r',. ,,,� t yes v • `I C1J 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