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HomeMy WebLinkAboutNC0086169_Regional Office Historical File Pre 2018 (4) • DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E ROY COOPER Governor \A MICHAEL S. REGAN Secretary,- - J l LINDA CULPEPPER l ee l ( Director • a <s. GO* 8/16/2019 Mr. Don L. Hefner Coming Incorporated 14556 US Hwy 601 S Midland,NC 28107 Subject: NPDES PERMIT ISSUANCE NPDES Permit NC0086169 Fiber Optic Facility Grade II Physical Chemical WPCS Cabarrus County Dear Mr. Hefner: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: 1. Language has been updated in Sections A. (1), A. (2), and A. (3), and in Section A. (10)to require electronic submission of effluent data.Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). 2. Regulatory citations have been added to the permit. 3. Outfall map has been updated. 4. Facility address has been updated on the cover sheet per the renewal application. 5. Receiving stream characteristics have been updated on the Supplement to Permit Cover Sheet. 6. The facility grade and parameter codes have been added in Sections A. (1), A. (2), and A. (3). 7. Monitoring for copper and chlorides has been removed in Section A. (2) per the reasonable potential analysis. 8. Monitoring for total hardness has been added in Section A. (3). 9. Footnotes for total residual chlorine have been added in Section A. (1) and updated in Sections A. (2) and A. (3). 10. Toxicity testing language has been updated in Sections A. (4) and A. (5). 11. Language in Section A. (7) has been updated. The fmal permit includes the following significant changes from the draft permit: 1. A biocide condition has been added as Section A. (9)to address the use of newly identified chemicals that have the potential to be discharged from Outfall 002. Please see Section A. (9) for current and future chemical usage guidance. North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center'Raleigh,North Carolina 27699-1617 - - 919-707-9000 - - DocuSign Envelope ID:AC4DAO8E-93D4-4798-B32E-AF9EA578BA2E Mr. Don Hefner NC0086169 Issued Permit If the permittee wishes to add any additional chemicals for any reason, the permittee is required to fill out a"biocide form" for each chemical along with the SDS sheets with ecological data and submit this information for review. The biocide forms can be found on the Aquatic Toxicology Branch website at https://deq.nc.gov/about/divisions/water-resources/water-resources-data/water-sciences-home- page/aquatic-toxicology-branch/downloads,under"Other Downloads"—_"Biocide Worksheet Form 101". Please note, per Section A. (9) of this permit, the permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Water Resources. Please note that the receiving stream for Outfall 002 is listed as an impaired waterbody on the North Carolina 303(d)Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center,Raleigh,North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions or need additional information, please do not hesitate to contact Brianna Young of my staff at (919) 707-3619. Sincerely, DocuSigned by: 8328B44CE9EB4A1... Linda Culpepper Director, Division of Water Resources cc: NPDES Files Central files Mooresville Regional Office WSS/Aquatic Toxicology Branch Timothy Haley, Corning Incorporated DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, Corning, Incorporated is hereby authorized to discharge wastewater and stormwater from a facility located at the Midland Plant WWTP 14556 U.S. Highway 601 South Midland Cabarrus County to receiving waters designated as an unnamed tributary to Muddy Creek (Outfall 001), an unnamed tributary to Clear Creek (Outfall 002), and the Rocky River (Outfall 003) in the Yadkin-Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III, IV, and V hereof. The permit shall become effective September 1, 2019. _ This permit and the authorization to discharge shall expire at midnight on October 31, 2023. Signed this day 8/16/2019 DocuSigned by: 21PI 8328B44CE9EB4A1... Linda Culpepper Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 19 _—_ DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086.169 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Corning, Incorporated is hereby authorized to: 1. Continue operation of a 0.107 MGD wastewater treatment facility(Outfall 003) located at the Midland Plant WWTP off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility includes the following treatment components: • 2 Equalization tanks • 2 Off-spec tanks • 3 Lamella clarifiers • 4 Neutralization tanks • Chloride stabilization tank • Surge blend tank 2. After completing the expansion, operate facilities for the discharge of up to 0.142 MGD through Outfall 003; and 3. Discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 —See Part I, Section A. (7) Stormwater Monitoring, Controls and Limitations for Permitted Discharges, for monitoring requirements) [Stream Segment: 13-17-16]; discharge stormwater, boiler blowdown, and non-contact cooling water from a wet detention pond into an unnamed tributary to Clear Creek (Outfall 002) [Stream Segment: 13-17-17]; and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the attached map into the Rocky River(Outfall 003) [Stream Segment: 13-17]. All receiving streams are waterbodies currently classified C waters in subbasin 03-07-12 [HUC: 030401050] in the Yadkin-Pee Dee River Basin. Page 2 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 PART I. A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade II Physical Chemical WPCS [15A NCAC 08G .0302] During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from Outfall 002 [Stormwater, Humidification Boiler Blowdown, and Non-Contact Cooling Water]. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER , >,� `n K ., `LIMITTS _�.` tt . ONITORINGnREQUIREMENT8,1 , f*� 4£*" ��� � r.�a �;Dail' i#1 ea'sus?'rm�.`y�nyg�a , . �v3 Sm: ei 4 , ^ �m1;3?,4¢ - -�1 Sam-ate I,e.k a± ar � ,� ParameterCode i ,. rAverag e�� , Average Fregttenc 7T L4bation2 Flow 50050 Semi-annually Estimate Effluent Temperature 3 00010 Semi-annually -Grab Effluent Total Residual Chlorine 4 50060 Semi-annually Grab Effluent pH 00400 >6.0 and<9.0 Standard Units Semi-annually Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system[see Section A. (10)]. 2. The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 3. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 4. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 µg/L. There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety(90) days prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. Conditions related to the stormwater portion of this outfall can be found in Part I, Section A. (7) Stormwater Monitoring, Controls and Limitations for Permitted Discharges. See Part I, Section A. (8) - Annual Shutdown Procedures Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC008610 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 003 at 0.107 MGD) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade II Physical Chemical WPCS [15A NCAC 08G .0302] During the period beginning on the effective date of the permit and lasting until expansion beyond 0.107 MGD or permit expiration, the Permittee is authorized to discharge from Outfall 003 [Industrial Process Wastewater,Non-contact Cooling Water, and Carbon Filter Backwash]. Such discharges shall be limited and monitored' by the Permittee as specified below: x PARAMETER ti r < LIMITS 5 IMONITORINGREQUIIREMENTS '. t �A%- x` -,� .r � C+� � N� �� f�_ dtcat.+�s;unfi.�,a'� E'�few. : �;s`?;� .n.r r ao- �. � f 1t Manthl y' , Dart Measurement eSam le Sam le- .,. 14 ` l�'. ""` . ,s'"# S`.a.�ra: «4`�l u"`.tr. i�` A x"-*'Y�.iz �z�"'iy 0 ,�..,. r x'r - . � `: Par er Codes ., ,Average ;,.a , .a Averages w. EFrequency:, Type Locat€on ? Flow 50050 0.107 MGD Continuous Estimate Effluent Total Residual Chlorine3 50060 28 pg/L 2/Week Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature4 00010 Weekly Grab Effluent pH 00400 >6.0 and<9.0 Standard Units Weekly Grab Effluent Total Phosphorus C0665 Quarterly Composite Effluent Chronic Toxicity, TGP3B Quarterly Composite Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system[see Section A. (10)]. 2. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit.However,the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 µg/L. 4. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 5. Chronic Toxicity(Ceriodaphnia) at 1.0%; January,April,July and October[see Section A. (4)]. See Part I, Section A. (8) -Annual Shutdown Procedures Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 003 at 0.142 MGD) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade II Physical Chemical WPCS [15A NCAC 08G .0302] During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration, the Permittee is authorized to discharge from Outfall 003 [Industrial Process Wastewater,Non-contact Cooling Water, and Carbon Filter Backwash]. Such discharges shall be limited and monitored' by the Permittee as specified below: '-s'tt*zv,,vozoaw waif Y. LiMrFSw.m _MONITORINGI REQUIR EMENTS r 4PARAMETER zT . :4 V4ParmetrCod * fl P� Monthy Measurement1 .Samer Sam ��. : Average 1 eragew kf.jype .` Location z r Flow 50050 0.142 MGD Continuous Estimate Effluent Total Residual Chlorine 3 50060 28 pg/L 2/Week Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature 4 00010 Weekly Grab Effluent pH 00400 >6.0 and<9.0 Standard Units Weekly Grab Effluent Chloride 00940 Quarterly Composite Effluent Total Copper 01042 Quarterly Grab Effluent Total Phosphorus C0665 Quarterly Composite Effluent Hardness—Total as a 00900 Monitor&Report Quarterly Composite Effluent [CaCO3 or(Ca+Mg)] • Hardness—Total as 6 00900 Monitor&Report Quarterly Grab Upstream [CaCO3 or(Ca+ Mg)] Chronic Toxicity? TGP3B Quarterly Composite Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see Section A. (10)]. 2. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified),even if these values fall below 50 µg/L. 4. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. - 5. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals (cadmium,copper, lead, nickel, silver, and zinc). 6. The Permittee shall sample instream hardness,upstream of the facility's discharge. The sample shall be representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring coalition agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the Coalition is representative of the receiving stream for this discharge.The Permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station,the Page 5 of 19 _ DocuSign Envelope ID:AC4DAO8E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 Permittee will immediately notify the Division and resume sampling for instream hardness,upstream of its discharge. 7. Chronic Toxicity(Ceriodaphnia) at 1.7%;January,April,July and October[see Section A. (5)]. See Part I, Section A. (8)-Annual Shutdown Procedures Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. • Page 6 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 A. (4) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY test at 0.107 MGD) [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.0 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised December 2010, or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-December 2010) or subsequent versions. The tests will be performed during the months of January, April,July,and October. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase U Chronic Whole Effluent Toxicity Test Procedure" (Revised-December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1) for the months in which tests were performed,using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT- 3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh,NC 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity(AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity Page 7 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 testing quarter,which is the three month time interval that begins on the first day of the month in which - toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. • Page 8 of 19 _ _ DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 A. (5) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY test at 0.142'MGD) [15ANCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.7 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-December 2010) or subsequent versions. The tests will be performed during the months of January, April,July, and October. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV. below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1) for the months in which tests were performed,using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT- 3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity(AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity Page 9 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 testing quarter,which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 10 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 A. (6) BIOLOGICAL MONITORING CONDITION -[G.S. 143-215:3(a)(2)] After completion of the expansion to 0.142 MGD, the Permittee shall conduct an upstream and downstream benthic macroinvertebrate survey. This survey should be conducted between the months of June and September. A report of the survey's findings shall be included with the next permit renewal application after the expansion is completed. For technical assistance regarding this permit requirement, please contact the Division's Biological Assessment Unit at(919) 733-6946. A. (7) STORMWATER MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES [143-215(a)] FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES No later 180 days prior the expiration date of this permit, the permittee shall submit an NPDES stormwater permit application to the Division of Energy, Mineral, and Land Resources (DEMLR).During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled, limited, and monitored as specified below: 1. Stormwater Pollution Prevention Plans The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part II, Section E.10. of this permit. The SPPP shall include, at a minimum, the following items: a) Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal Page 11 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall.- c. A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on-site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. d. A list of significant spills or leaks of pollutants during the previous three (3)years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The permittee shall re-certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part II, Section B.11. b) Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: a. `Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical,this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. b. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title Ill of the Superfund Amendments and Reauthorization Act(SARA)water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow,prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making Page 12 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. c. BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. c) Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan(SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. d) Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on-site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas,process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. e) Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year(January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part A. (7.)(2.) of this Section (Qualitative Monitoring). f) Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential Page 13 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. g) Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. h) SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: a. an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred(element of the Site Overview); b. a written re-certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); c. a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). d. a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See `Monitoring Forms' here: https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial- stormwater). i) The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II, Section B.11.) to the Director that the changes have been made. j) SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs to prevent contaminants from entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on-site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. 2. Qualitative Monitoring Requirements Qualitative monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan(SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls must be performed semi-annually Page 14 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 during a measurable storm event (unless the permittee is required to perform further qualitative sampling per the Qualitative Monitoring Response,below). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72- hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local Regional Supervisor(See Part V., Definitions). Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR (see Adverse Weather in Part V., Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored(see Part V., Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. � �`� a�, y u,� �' C�,�a,'�� t xt�' �; � ��� � ��a; e� i s�ry ^y "t��✓�,� dJ �,���G �`��' `� .:� r��k "+{�'" f.,-*paler Discharge£ 344s " RMon onn T e Monitor n�Location �Characteristiics �� z Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of Semi-annual Visual SDO stormwater pollution 1. Frequency: The first qualitative observation during the term of the permit must be performed within the first six months of the permit term and during the initial analytical monitoring event(applicable to outfall 002). All subsequent qualitative monitoring will be performed twice per year(spaced at least 60 days apart) during a measureable storm event. 2. Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3. SDO: effluent at outfalls 001 and 002. A minimum of 60 days must separate monitoring events, unless additional sampling has been instituted as part of the Qualitative Monitoring Response below. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response that follows. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Page15of19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 • ° qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWR may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency (analytical or qualitative) for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. A. (8) ANNUAL SHUTDOWN PROCEDURES CONDITION [G.S. 143-215.1(b)] On an annual basis, the permittee is permitted to discharge up to 250,000 gallons of non-contact cooling water and flush water, from the two cooling tower basins, through Outfall 002. The semi-annual monitoring associated with Outfall 002 shall coincide with this event. Corning Incorporated shall develop a HVAC Cooling Tower Shutdown Procedure consistent with Betz-Dearborn recommendations. The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers will not be flushed at the same time. This procedure shall be kept on site and available for review by Division staff upon request. Additionally, the time and duration for the discharge of non-contact cooling water through Outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge. and available for review by the Division upon request. A. (9) BIOCIDES [G.S. 143-215, 143-215.1] The permittee shall not discharge any biocides except those approved in conjunction with the permit application. Prior to September 1, 2019, the permittee shall not discharge any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Water Resources. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. After September 1, 2019, the permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety(90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to Page 16 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E • Permit NC0086169 aquatic life other than those previously reported to the Division of Water Resources. Such notification shall include completion of Biocide Worksheet-Form 101 and a map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. A. (10) ELECTRONIC REPORTING OF MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Page 17of19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E Permit NC0086169 Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports,when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act(CWA) Section 316(b)Annual Reports. The permittee may seek an electronic reporting waiver from the Division(see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the"Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time,monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: Page 18 of 19 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E • Permit NC0086169 http://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system,registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. • Page 19 of 19 _ DocuSign Envelope ID:AC4DA08E-93D4-4798-832E-AF9EA5788A2E 4. fir''+ <4; ",,,,-• r #: ,a 1-- 5 - _w �w: irr }�.' 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". + `.;J i t' g: 'IF "". .'pi: '`� _...y ;C +ay 1'0. ;' 1 ,T`•,.`... .a i ,a�y .t �, t j..,9.. { ,_, , %,T,,,.4 T'! ' # t''t , ,can K }�r9 t t.„......... e 7'10 `, ' ` IF i C •t i , • / „ A, 1 ' a '. .;{ J , s p e T :i; • •� 2 rI _ _ ` Sit ,!/ '• 'wI[ fdt'�i • ». `�`'v : •�vA q ? 2. r _ .+fi, { + s^ Y r.: 5}`v .'� ��.. y i e r { R �il 'J _ `°'•.,, - - .I 1 �A t'' 'e' '' ' ` fi'f. ter'- e , c T� ,.P .. ;' {r /. -wee;' ' 0 I a ... s r 1 1.' _ `• _........... . 9 .�,-. - , t •.. •ii4 r. ,,.'` 3 4 .-sue _' _ A�, ` t - f .r.' 4 R foPYrig� 0OtiY201 �I��ahomal Geo9�aph ic Society�!%?cu4eed' Corning, Inc. N 111111.91ineminliWitilfge Midland Plant WWTP 4. 4,42M � � 1g NPDES Permit NC0086169 �� �j7r-1.1711`111.. �.l r r DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions • 2/Month Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be representative of the wastewater discharged during the sample period. • 3/Week Samples are collected three times per week on three separate calendar days.These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act(CWA),as amended, 33 USC 1251,et. seq. Annual Average The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year. In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March,April through June,July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The Director may designate the most appropriate method(specific number and size of aliquots necessary,the time-interval between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page.2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval.Use of this method requires prior approval by the Director.This method may only be used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply: > Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters > Influent samples shall not be collected more than once per hour. > Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. > Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the "daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample,"above.) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or"the Division" The Division of Water Resources,Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N=the number of individual values.For purposes of calculating the geometric mean,values of"0"(or"<[detection level]")shall be considered= 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge(or the receiving stream, for instream samples). Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance.To the extent practical,instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average(concentration limit) The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month.In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average(concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by operational error,improperly designed treatment facilities,inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar week.In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance, or modification;or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301,302,306, 307, 308, 318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307, 308,318, or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or 402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or Version 11/0912011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year,or both. In the case of a second or subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302,303,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA,shall,upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC 1319(g)(2)and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on"Bypassing" (Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures" (Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319.Furthermore,the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore,the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances, is held invalid,the application of such provision to other circumstances, and the remainder of this permit,shall not be affected thereby[NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit[40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit[40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating facilities,provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations,and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively; or (3) For a municipality, State,Federal,or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person.A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager,operator of a well or well field, superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be eithera named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] Version 11/09/2011.1 -- DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization:If an authorization under paragraph(b)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative[40 CFR 122.22] d. Certification..Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert , under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment,for knowing violations." 12. Permit Actions This permit may be modified,revoked and reissued, or terminated for cause.The filing of a request by the Permittee for a permit modification,revocation and reissuance, or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,and regulations contained in Title 40, Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H.0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators,certified by the Water Pollution Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the system,and, for each classification must[T15A NCAC 08G.0201]: a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system,with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission (or to the local health department for owners of subsurface systems)countersigned by the designated certified operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible Charge(Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new - Operator in Responsible Charge(ORC) and Back-up Operator in Responsible Charge(Back-up ORC) of the proper type and grade;or A a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in Responsible Charge(Back-up ORC). Version 11/09/2011.1 — DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must: > Visit the facility as often as is necessary to.insure proper operation of the treatment system;the treatment facility must be visited at least weekly > Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions of this permit.Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof,whether acting as a contract operator[subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the provisions of Paragraphs b.and c. of this section. b. Notice[40 CFR 122.41(m)(3)] (1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime.This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. Upsets a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met.No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed, contemporaneous operating logs, or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 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 except as permitted by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR Part 258,Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T,Waste Not Discharged To Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein,shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water,or substance.Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1, 2,3)or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11/09/2011.1 DocuSign Envelope ID:AC4DAO8E-93D4-4798-B32E-AF9EA578BA2E . NPDES Permit Standard Conditions Page 9 of 18 NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS 143-215.63 et. seq.),the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g),33 USC 1314,of the CWA(as amended),and 40 CFR 136;or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit[40 CFR 122.41]. To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation, or by imprisonment for not more than two years per violation,or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation _ ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results • For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information [40 CFR 122.41]: a. The date,exact place, and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative(including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter,at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location[40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit.The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFR 122.41(1)].Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1.,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. —Version 11/09/2011.1 -- DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures ' approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission shall contain a description of the noncompliance,and its cause;the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected,the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800)662-7956,(800) 858-0368 or(919)733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information[40 C.hR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence.Also see reporting requirements for municipalities in Part N.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act,effluent data shall not be considered confidential.Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2)or in Section 309 of the Federal Act. Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-16.17 —— Version 11/09/2011.1 DocuSign Envelope ID:AC4DAQ8E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements under Item b.of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the construction,installation, or alteration of any treatment work or disposal system or to construct,install,or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant 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 µg/L);. (2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter (500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for antimony; (3) Five times the maximum concentration value reported for that pollutant 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 which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L)for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit,the following defmitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and(j)and 15A NCAC 02H.0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes;operations; or its sludge process,use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes,regulations, or permits. [I 5A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation,of the Pern ittee's(or any satellite POTW's, if different from the Permittee)NPDES,collection system,or non-discharge permit. [15A NCAC 02H.0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization. This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal sewage or industrial wastes of a liquid nature.It also includes the collection system,as defined in I 5A NCAC 2T .0402,only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)] "Significant Industrial User" or"SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewaters);or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context,organic capacity refers to BOD,TSS and ammonia;or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User(SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an.Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works(POTWs) Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on(1)the quality and quantity of effluent introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including,but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant,including oxygen demanding pollutants(BOD, etc.)released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants,except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission shall contain a description of the discharge;the investigation into possible sources; the period of the discharge,including exact dates and times; if the discharge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended(which includes categorical standards and specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary,a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 02H .0907(a)and(b). [40 CFR 122.44(j)(2)] 5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H.0900,and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40 CFR 403, 15A NCAC 02H.0900, and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements.Terms not defined in Part II-or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1) and 403.9(b)(1)and(2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H.0905 [also 40 CFR 122.44(j)(1)], _ including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs,the IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program.The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9] 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA)for the development of specific pretreatment local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A NCAC 02H.0903(b)(16), .0906(b)(3)and.0905] 4. Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the Division.Within 180 days of the effective date of this permit(or any subsequent permit modification)the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an updated HWA or documentation of why one is not needed) [40 CFR 122.44].The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H.0909,specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5,local limits are Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905,and .0906(b)(4)] 5. Industrial User Pretreatment Permits OUP)&Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations,sampling protocols,reporting requirements, appropriate standard and special conditions,and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements.The Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H.0906(b)(6), .0909, .0916,and .0917;40 CFR 403.5,403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC,the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H .0906(b)(7)and .0905;NCGS 143- 215.1(a)(8)] 7. POTW Inspection&Monitoring of their IUs The Permittee shall conduct inspection,surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H.0908(e);40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year; b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited parameters including flow except as allowed under 15A NCAC .0908(e);and c. At least once per year, document an evaluation of any non-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A NCAC 02H.0908. [15A NCAC 02H.0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR 122.44(j)(2)and 40 CFR 403.12] 9. Enforcement Response Plan(ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909,specific local limitations,and other pretreatment requirements.All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8) and.0905;40 CFR.403.8(f)(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908. In lieu of submitting annual reports,Modified Pretreatment Programs developed under 15A NCAC 02H .0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report (PAR)describing its pretreatment activities over the previous calendar year to the Division at the following address: • Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions Page 18 of 18 NC DENR/Division of Water Resources/Water Quality Permitting Section Pretreatment,Emergency Response, and Collection Systems(PERCS)Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on forms or in a format provided by the Division; c. Significant Non-Compliance Report CSNCR) A list of Industrial Users(IUs) in significant noncompliance(SNC)with pretreatment requirements,and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms(IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs).These analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for lUs that are not considered SIUs, and any other information,upon request,which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period.This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H.0903(b)(34), .0908(b)(5)and.0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H.0908(f);40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and(10)and.0905;40 CJ/R 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW monitoring of their Significant Industrial Users(SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H.0907. Version 11/09/2011.1 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions,Stormwater Supplement Page 1 of 6 PART V - SUPPLEMENTAL STANDARD CONDITIONS FOR- NPDES STORMWATER PERMITS Section A. Definitions Adverse Weather Conditions Adverse conditions are those that are dangerous or create inaccessibility for personnel,such as local flooding,high winds,or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period,the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event.Documentation of an adverse event(with date,time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater,foundation drains,air-conditioner condensate without added chemicals, springs,discharges of uncontaminated potable water,waterline and fire hydrant flushings,water from footing drains,flows from riparian habitats and wetlands. (c) Discharges resulting from fire-fighting or fire-fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process,activity,or physical structure.More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm. Bulk Storage of Liquid Products Liquid raw materials,manufactured products,waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Bypass(Stormawter) A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system,which is not a designed or established operating mode for the facility. DWR or"the Division" The Division of Water Resources,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes.Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). —Version 10/1512013 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions,Stormwater Supplement Page 2 of 6 Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility,a surface impoundment,an injection well,a hazardous waste long-term storage facility or a surface storage facility. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period,and obtains approval from the local DWR Regional Office. Two copies of this information and a written request letter shall be sent to the local DWR Regional Office. After authorization by the DWR Regional Office,a written approval letter must be kept on site in the permittee's SPPP. Municipal Separate Storm Sewer System(MS4) A stormwater collection system within an incorporated area of local self-government such as a city or town. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain,snow,snowmelt,or runoff. Industrial materials or activities include,but are not limited to,material handling equipment or activities,industrial machinery,raw materials,intermediate products,by-products,final products,or waste products. DWR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR§122.26(g). Permittee The owner or operator issued.this Individual Permit. Point Source Discharge of Stormwater Any discernible,confined and discrete conveyance including,but not specifically limited to,any pipe,ditch, channel,tunnel,conduit,well,or discrete fissure from which stormwater is or may be discharged to waters of the state. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls,the DWR may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year,24-hour storm event. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA) of 1986,also titled the Emergency Planning and Community Right-to-Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting requirements;and c. Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on Table II(organic priority pollutants),Table III(certain metals,cyanides,and phenols) or Table IV(certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4;or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Version 10/1512013 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions,Stormwater Supplement Page 3 of 6 Significant Materials Includesi but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic pellets; finished materials such as metallic products;raw materials used in food processing or production;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of Title III of SARA;fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with stormwater discharges. Significant Spills Includes,but is not limited to:releases of oil or hazardous substances in excess of reportable quantities under • section 311 of the Clean Water Act(Ref:40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA(Ref:40 CFR 302.4). Stormwater Discharge Outfall(SDO) The point of departure of stormwater from a discernible,confined,or discrete conveyance,including but not limited to,storm sewer pipes,drainage ditches,channels,spillways,or channelized collection areas,from which stormwater flows directly or indirectly into waters of the State of North Carolina. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing,processing or raw material storage areas at an industrial site. Facilities considered to be engaged in"industrial activities"include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. Total Maximum Daily Load(TMDL) TMDLs are written plans for attaining and maintaining water quality standards,in all seasons,for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at http//portal.ncdenr.org(web/wq/ps/mtu/tmdl/tmdls Vehicle Maintenance Activity Vehicle rehabilitation,mechanical repairs,painting,fueling,lubrication,vehicle cleaning operations,or airport deicing operations. Visible Sedimentation Solid particulate matter,both mineral and organic,that has been or is being transported by water,air,gravity,or ice from its site of origin which can be seen with the unaided eye. 25-year,24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded,on the average,once in 25 years. Version 10/15/2013 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions,Stormwater Supplement Page 4 of 6 Section B. General Conditions 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment,as specified in Part II,Section A,Paragraph 2(b) of this permit,shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment,as specified in Part II,Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Civil and Criminal Liability Except as provided in Part V,Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6,or Section 309 of the Federal Act,33 USC 1319. Furthermore,the permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. Section C. Operation and Maintenance of Pollution Controls 1. Bypassing of Stormwater Treatment Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;and b. There were no feasible alternatives to the bypass,such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and c. The permittee submitted notices as required under Part V,Section E of this permit. If the Director determines that it will meet the three conditions listed above,the Director may approve an anticipated bypass after considering its adverse effects. Version 10/15/2013 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions,Stormwater Supplement Page 5 of 6 Section D. Monitoring and Records 1. Representative Outfall(Stormwater Only) If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled,the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status,then sampling requirements may be performed at a reduced number of outfalls. 2. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on-site. The permittee shall retain records of all monitoring information,including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample,measurement, report or application. This period may be extended by request of the Director at any time. 8. Inspection and Entry The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),or in the case of a facility which discharges through a municipal separate storm sewer system,an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge,upon the presentation of credentials and other documents as may be required by law,to: a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment), practices,or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location[40 CFR 122.41 (i)]. Section E. Reporting Requirements 1. Discharge Monitoring Reports (Stormwater) Stormwater samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge.Monitoring Report(DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period,the permittee is required to submit a Discharge Monitoring Report,within 30 days of the end of the six-month sampling period, giving all required information and indicating"NO FLOW" as per NCAC T15A 02B.0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division,and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division,except upon DWR's specific requirement to do so. Version 10/15/2013 DocuSign Envelope ID:AC4DA08E-93D4-4798-B32E-AF9EA578BA2E NPDES Permit Standard Conditions,Stormwater Supplement Page 6 of 6 2. Submitting Reports (Stormwater). Two signed copies of Stormwater Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 The permittee shall retain the completed originals on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless specifically requested by DWR. 3. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge,the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 4. Spills The permittee shall report to the local DWR Regional Office,within 24 hours,all significant spills as defined in Part V of this permit. Additionally,the permittee shall report spills including: any oil spill of 25 gallons or more,any spill regardless of amount that causes a sheen on surface waters,any oil spill regardless of amount occurring within 100 feet of surface waters,and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 5. Bypass(Stormwater) a. Anticipated bypass. If the permittee knows in advance of the need for a bypass (of storwmater treatment facilities),it shall submit prior notice,if possible at least ten days before the date of the bypass;including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass (of stormwater treatment facilities). • Version 10/15/2013 AIWA /1/ A70 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, Ill Governor Director Secretary April 11, 2014 RECEIVED DIVISIC4 OF ER QUALITY Kenneth N. Inman APR �; 0 ?ni. Plant Manager Corning Incorporated Corning Optical Fiber P.O. Box 1700 Concord, North Carolina 28026 Subject: Issuance of NPDES Permit Permit NC0086169 Midland Plant WW 1'P Cabarrus County Facility Class II Dear Mr. Inman: Division personnel have reviewed and approved your application for a renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following changes have been incorporated into this renewal: • Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that,if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR)internet application has been added to your NPDES permit. [See Special Condition A. (9)] For information on eDMR,registering for eDMR • and obtaining an eDMR user account,please visit the following web page: 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-807-6300 1FAX:919-807-6492 • Internet www.ncwaterquality.orq �TOne An Equal Opportunity\Affirmative Action Employer 1`��rthCarolina XaturaIII 'o % http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http://www2.epa.gov/compliance/proposed-npdes-electronic-reporting-rule. • • Monitoring for Total Cadmium and Total Zinc has been removed from the permit based on the results of the Reasonable Potential Analysis. • Monitoring for Chlorides was reduced to Quarterly based on the results of the Reasonable Potential Analysis. • The Pollutant Analysis Condition has been removed from the permit since the facility is not classified as a Primary industry. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the tight to an adjudicatoiy hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or permits required by the Division of Land Resources,the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Sergei Chernikov at telephone number (919) 807-6393. Sincerely, $14 L- omas A. Reeder (frti • cc: Central Files NPDES Files ogra.es 7i lle Reglaiaafftce/INV fe `011tv EPA Region IV(e-copy) ESS/Aquatic Toxicology Unit(e-copy) Permit NC0086169 STATE OF NORTH CAROLINA • DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Corning, Incorporated is hereby authorized to discharge wastewater and stormwater from a facility located at the Midland Plant WWTP U.S. Highway 601 Midland Cabarrus County to receiving waters designated as an unnamed tributary to Muddy Creek (outfall 001), an unnamed tributary to Clear Creek (outfall 002) and the Rocky River (outfall 003) in the Yadkin-Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective May 1, 2014. This permit and the authorization to discharge shall expire at midnight on October 31, 2018. Signed this day April 11, 2014. egi Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 15 • Permit NC0086169 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. CORNING INCORPORATED IS HEREBY AUTHORIZED TO: 1. Continue operation of a 0.107 MGD wastewater treatment facility (outfall 003) located at the Midland Plant WWTP off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility includes the following treatment components: • 2 Equalization tanks • 2 Off-spec tanks • 3 Lamella clarifiers • 4 Neutralization tanks • Chloride stabilization tank • Surge blend tank 2. After completing the expansion, operate facilities for the discharge of up to 0.142 MGD through outfall 003; and 3. Discharge stormwater, boiler blowdown, and non-contact cooling water from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002); discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 - See Part I, Section A, Number 7 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges, for monitoring requirements); and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the attached map into the Rocky River (Outfall 003). All receiving streams are classified C waters in the Yadkin-Pee Dee River basin. • Page 2 of 15 • Permit NC0086169 Part I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall 002 [Stormwater, Humidification Boiler Blowdown, and Non-Contact Cooling Water]. Such discharges shall be limited and monitored3 by the Permittee as specified below: Parameter Limits Monitoring Requirements Monthly Daily Average Measurement Sample Sample Average Frequency Type Locationl ,/Flow Semi-annually Estimate Effluent /Temperature2 Semi-annually Grab Effluent / 'Total Residual Semi-annually Grab Effluent Chlorine `pH > 6.0 and < 9.0 Standard Units Semi-annually Grab Effluent Notes: 1• The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A (9.). There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. Conditions related to the stormwater portion of this outfall can be found in Part I, Section A, Number 7 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges. SEE PART I, SECTION A. (8.) -ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. • Page 3 of 15 • Permit NC0086169 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.107 MGD) During the period beginning on the effective date of the permit and lasting until expansion beyond 0.107 MGD or permit expiration, the Permittee is authorized to discharge from outfall 003 [Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash]. Such discharges shall be limited and monitored5 by the Permittee as specified below: Parameter Limits Monitoring Requirements • to"e E Kr a fy r"°ti.G� / Monthly Daily Average Measurement Sample. Sample Average Frequency ;/ Type \ Location' u-Flow 0.107 MGD Continuous . Estimate Effluent 'Total Residual 28 Egg/L 2/Week Grab Effluent Chlorine2 "Chloride Quarterly Composite Effluent Total Suspended 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Solids .Temperature3 Weekly Grab Effluent / pH > 6.0 and < 9.0 Standard Units Weekly Grab Effluent Total Copper Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent y Chronic Toxicity4 Quarterly Composite Effluent Notes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The Permittee shall report all effluent TRC values reported by a NC-certified laboratory [including field-certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. 3. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 4. Chronic Toxicity (Ceriodaphnia) at 1.0%; January, April, July and October [see A (4)]. 5. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A (9.). SEE PART I, SECTION A. (S.) -ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 4 of 15 Permit NC0086169 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.142 MGD) During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 003 [Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash]. Such discharges shall be limited and monitored5 by the Permittee as specified below: Parameter Limits Monitoring Requirements • Monthly Daily Average Measurement Sample Sample Average Frequency Type Location' Flow 0.142 MGD Continuous Estimate Effluent Total Residual 28 µg/L 2/Week Grab Effluent Chlorine2 Chloride Quarterly Composite Effluent Total Suspended 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Solids Temperature2 Weekly Grab Effluent pH > 6.0 and < 9.0 Standard Units Weekly. Grab Effluent Total Copper Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Notes: compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The Permittee shall report all effluent TRC values reported by a NC-certified laboratory [including field-certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. 3. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 4. Chronic Toxicity (Ceriodaphnia) at 1.7%; January, April, July and October [see A. (5)]. 5. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A (9.). SEE PART I, SECTION A. (8.) -ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 5 of 15 Permit NC0086169 A. (4.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY TEST AT 0.107 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.0%. The permit holder shall perform at a minimum, quarterlq monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/ DWR/ Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. . Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 6 of 15 • Permit NC0086169 A. (5.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY TEST AT 0.142 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.7%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1.998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, October. Effluent sampling for this testing shall be performed at the NPDES permitted fmal effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: • Attention: NC DENR/ DWR/ Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 • days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be.certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an . invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 7 of 15 Permit NC0086169 A. (6.) BIOLOGICAL MONITORING CONDITION After completion of the expansion to 0.142 MGD, the Permittee shall conduct an upstream and downstream benthic macroinvertebrate survey. This survey should be conducted between the months of June and September. A report of the survey's findings shall be included with the next permit renewal application after the expansion is completed. For technical assistance regarding this permit requirement, please contact the Division's Biological Assessment Unit at(919) 733-6946. • • Page 8 of 15 Permit NC0086169 A. (7.) STORMWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution Prevention Plans The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part IV,Section B.8.of this permit. The SPPP shall include,at a minimum,the following items: a) 'Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters;the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters;and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map)shall identify whether any receiving waters are impaired(on the state's 303(d)list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. b. A narrative description of storage practices,loading and unloading activities,outdoor process areas,dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. c. A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls;all on-site and adjacent surface waters and wetlands;industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area;industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious,and the site map must include a graphic scale indication and north arrow. d. A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re-certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part II,Section B.11. b) Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy,at a minimum, shall incorporate the followinng: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not Page 9 of 15 Permit NC0086169 practical,this review shall document the feasibility of diverting the stormwater run-on away from areas of • potential contamination. b. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA) water priority chemicals;and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color,foam, outfall staining,visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater,and the date and time of the release shall be kept for a period of five(5)years. • c. BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs)shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. c) Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures(SPRP)shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, • an oil Spill Prevention Control and Countermeasure plan(SPCC) may be a component of the SPRP,but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. d) Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on-site and adjacent surface waters and wetlands, industrial activity areas(including material storage areas,material handling areas,disposal areas,process areas,loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections,maintenance, and housekeeping activities of stormwater control systems,as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. e) Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June),and once during the second half(July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to,the stormwater discharge characteristic monitoring at the outfalls required in Part A. (7.)(2.) of this Section(Qualitative Monitoring). • Page 10 of 15 Permit NC0086169 f) Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup,preventative maintenance activities,and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified,and their annual training shall be documented by the signature of each employee trained. g) Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. h) SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis.The annual update shall include: a. an updated list of significant spills or leaks of pollutants for the previous three(3)years,or the notation that no spills have occurred(element of the Site Overview); b. a written re-certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges(element of the Site Overview); c. a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). d. a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Programs website (See 'Monitoring Forms'here: http://portal.ncdenr.org/web/hr/npdes-stormwater). i) The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 3Q days of such notice,the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II,Section B.11.)to the Director that the changes have been made. j) .SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs to prevent contaminants from entering surface waters via stormwater. Implementation of.the SPPP shall include documentation of all monitoring, measurements,inspections,maintenance activities,and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities,including vehicle maintenance activities. Such documentation shall be kept on-site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Page 11 of 15 Permit NC0086169 . . 2. Qualitative Monitoring Requirements Qualitative monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls must be performed semi-annually during a measurable storm event (unless the permittee is required to perform further qualitative sampling per the Qualitative Monitoring Response, below). Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR (see Adverse Weather in Part V., Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (see Part V., Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Stoiuiwater Discharge Characteristics Frequency) Monitoring Type2 Monitoring Location3 Color Semi- Visual SDO annual Odor Semi- Observation SDO annual Clarity Semi- Visual SDO annual Floating Solids Semi- Visual SDO annual Suspended Solids Semi- Visual SDO annual Foam Semi- Visual SDO annual Oil Sheen Semi- Visual SDO annual Other obvious indicators of stormwater Semi- Visual SDO pollution annual 1 Frequency: The first qualitative observation during the term of the peiuiit must be performed within the first six months of the permit term and during the initial analytical monitoring event (applicable to outfall 002). All subsequent qualitative monitoring will be performed • twice per year(spaced at least 60 days apart) during a measureable storm event. 2 Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 SDO: effluent at outfalls 001 and 002. A minimum of 60 days must separate monitoring events, unless additional sampling has been instituted as part of the Qualitative Monitoring Response below. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response that follows. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Page 12 of 15 Permit NC0086169 Qualitative Monitoring Response • Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation,DWR may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency (analytical or qualitative)for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters;or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Page 13 of 15 Permit NC0086169 A. (8.) ANNUAL SHUTDOWN PROCEDURES CONDITION On an annual basis, the permittee is permitted to discharge up to 250,000 gallons of non-contact cooling water and flush water, from the two cooling tower basins, through Outfall 002. The semi-annual monitoring associated with outfall 002 shall coincide with this event. Corning Incorporated shall develop a HVAC Cooling Tower Shutdown Procedure consistent with Betz-Dearborn recommendations. The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers will not be flushed at the same time. This procedure shall be kept on site and available for review by Division staff upon request. Additionally, the time and duration for the discharge of non-contact cooling water through outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge and available for review by the Division upon request. A. (9.) ELECTRONIC REPORTING Of DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency(EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting[Supersedes Section D. (2.) and Section E. (5.) (a)l Beginning no later than 270 days from the effective date of this permit, the peiiuittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR/ DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty(60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr Page 14 of 15 Permit NC0086169 Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 3. Records Retention [Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. • Page 15 of 15 — i\-__/j\-- _i_f-d\:‘(.14t/3 - '------------ ---Lf.,f1.- ----15:-j :''‘'z':-141.:?1;.,%,-4-.. ..:';';,;L:444I':::::-t,-..-AA:i..\ ys,st)\7(57.......6 /4(4, (\, . ) - /b1/1 /z .?'---)/-1 (-f VC} ,.. 411:::- 'CC .. ' 'IV-:'-* 10:k.476,1Ftml,:i.!to;a L 7--.0, ,,/14-•*:•!-L:7-'".''' -"-Allt-6411f 7/01 ---(*. i(b ..-7 7. —.lye( .5-;:k p,s—' / V, // ? ;as . ' , - .,. 1 � Q // u, o %_ �i tip' , `, } i, ..,,..„ '111 r J_�----/e_ Outfall 001 a 1`L.,"----7,- --ram• �`—[ ,� J f Latitude: 35°13'02" rt.,. 1�� f ' -rr� rj'), ,;-• 4 Longitude: 80°31'15" .7 o U � ' �` e�1 Q � J ' ' l • J .•<--__)-`'--,-• i ' ; \ (7 1 - -I ___J . , 1 Zs_ 1 j _,. 13 \ 4 -'‘) i r`�o)�,� �!/{ 4;1,,\ '''' 3- anon r/ ` , (j)_ri)___.-{"_-•) .,, �• 1, t'/ t \, i Sari - - ) / • All; " C. /\ /_1() L,'' 0 1 • — 11iui , /{,c9 / ' 021 ''/, ° \� -sue-~v .4r' • \, ' . i-- ---- L-.)- ` 1 _,--, f //' IIj1S. .�j B yi i �` �^ I ' I ( UV :t31 `' { a $l G '/-1'. 'o \�� Outfall 003 : '- / i ! V-500-- \ Latitude: 35°12'30" r� / !I . h� ii y C. b , r Longitude: 80°29'49" i'tJ`l • . ' c g 1 ,,.. _ ,,,7--/--__.0 )_„5 NA r ' 0 4.4. . - , - ) . „......\.). + . , n, i t\x \lii \.f 3_). ‘-\ 1'. pj . 0 Outfall 002 �' ,� '� ( r✓ �1 '� �`' + , o\ Latitude: 35°12'34" f •' `__ -... i os� A�� !, \� 'R,J1 Longitude: 80°31 31 ` JI1/40 f• l0 ��� , s�� r V. / '•-i -.7.--Ur 01 ki / i u' e \4 0 cb tbi)1 / -----4);\ :, /07 , ft, i 0,,,,, 4'•ib )) - i i /(_. 4 . •4 €.) „ ,.„ Ir 4' it- ... • y .:-,4, .,,,..= .:-...,--e- / , /// le cb- '"-'*'-'\'' 4C) / . .4, ,t/ .\ ...f: ii„,(4t , , , \?-4-- , . 9 ittcyj ,L, , .,..,„) ,„ L 4 6 //1 / i\ (6-1 / / .,______-/Ai A,., „, ..0 „______— 00,7,„..---,,,f/(i , --, , / \ i, . . , . i�r ,......_ o ' 5 . "7 / ci3 ..„--f :- r ? -� � Receiving Streams 7 o)‘ / f 2) �' , `� L 001 -UT to Muddy Creek J +/� �\ ,\Q"..,(jit 1` v 002 UT to Clear Creek I y r �, / ( 003 -Rocky River Corning Incorporated - NC0086169 Facility r�� L,4 Location c` --.--•,_ ?e' USGS Quad Name: Waco 7 Receiving Stream: See above -®- Stream Class: C Subbasin: Yadkin-030712 North Not to SCALE • NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year.In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March,April through June,July through September,and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11/09/2011 NPDES Permit Standard Conditions' Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval.Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply: > Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters > Influent samples shall not be collected more than once per hour. > Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. > Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the"daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the "daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2;see also "Composite Sample,"above.) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N=the number of individual values. For purposes of calculating the geometric mean,values of"0"(or"<[detection level]")shall be considered= 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge(or the receiving stream,for instream samples). Version 11/09/2011 • NPDES Permit Standard Conditions Page 3of18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average(concentration limit) The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average(concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by operational error, improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or modification; or denial of a permit renewal application[40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301,302,306,307, 308, 318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402,or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301,302,306, 307,308,318,or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or 402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or Version 11/09/2011 NPDES Permit Standard Conditions' Page 4 of 18 imprisonment of not more than 1 year, or both.In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than$50,000 per day of violation, or by imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation, or imprisonment for not more than 3 years,or both. In the case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal penalties of not more than$100,000 per day of violation, or imprisonment of not more than 6 years,or both. [33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302,303, 306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years, or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fme of not more than$500,000 or by imprisonment of not more than 30 years,or both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA,shall,upon conviction of violating the imminent danger provision,be subject to a fme of not more than$1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC 1319(g)(2)and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on"Bypassing" (Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures" (Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC 1319.Furthermore,the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee is responsible for consequential damages,such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 11/09/2011 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid,the application of such provision to other circumstances, and the remainder of this permit,shall not be affected thereby[NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit[40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating facilities,provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations,and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State,Federal,or other public agency: by either a principal executive officer or ranking elected official[40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager,operator of a well or well field, superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] • Version 11/09/2011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or together with any reports,information,or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification.Any person signing a document under paragraphs a. or b. of this section shall make the following certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certifi,, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete.I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the Permittee for a permit modification,revocation and reissuance, or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)]. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators,certified by the Water Pollution Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the system,and,for each classification must[T15A NCAC 08G.0201]: a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system,with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year;and c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission (or to the local health department for owners of subsurface systems)countersigned by the designated certified operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible Charge(Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or (2) within 120 calendar days following: > receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC) of the proper type and grade;or ➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in Responsible Charge(Back-up ORC). Version 11/09/2011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must: > Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly > Comply with all other conditions of 15A NCAC 08G.0204. The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must: > Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 08G.0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions of this permit.Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the provisions of Paragraphs b.and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. Version 11/09/2011 NPDES Permit Standard Conditions ' Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. Upsets a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met.No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,contemporaneous operating logs,or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 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 except as permitted by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H .0124)to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water,or substance.Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge.Duplicate signed copies of these, and all other reports required herein,shall be submitted to the following address: Version 11/09/2011 • NPDES Permit Standard Conditions Page 9 of 18 NC DENR/Division of Water Quality/Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS 143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g),33 USC 1314,of the CWA(as amended),and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit[40 CFR 122.41]. To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years, or both[40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/09/2011 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information[40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location[40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFR 122.41(1)].Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 11/09/2011 • NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II.D.2)or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance[40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800)662-7956,(800) 858-0368 or(919)733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information[40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators, compressors, etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division.As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2)or in Section 309 of the Federal Act. Version 11/09/2011 NPDES Permit Standard Conditions • Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The report shall summarize the performance of the collection or treatment system,as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/Division of Water Quality/Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 11/09/2011 • NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the construction,installation,or alteration of any treatment work or disposal system or to construct,install,or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat,equalize,neutralize, stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant 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 µg/L); (2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter (500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for antimony; (3) Five times the maximum concentration value reported for that pollutant 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 which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L)for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit.The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. • Version 11/09/2011 NPDES Permit Standard Conditions • Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the defmitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and(j)and 15A NCAC 02H.0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations;or its sludge process,use,or disposal which causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the Permittee)NPDES, collection system,or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of the Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system, or non-discharge permit. [15A NCAC 02H.0903(b)(23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization. This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal sewage or industrial wastes of a liquid nature.It also includes the collection system,as defmed in 15A NCAC 2T .0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government organization,or municipality,as defmed in section 502(4)of the CWA,which has jurisdiction over indirect discharges to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)] "Significant Industrial User" or"SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this defmition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User(SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works(POTWs) Version 11/09/2011 • NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant,including oxygen demanding pollutants(BOD, etc.)released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that may cause acute worker health and safety problems;or (8) Any trucked or hauled pollutants,except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources;the period of the discharge, including exact dates and times;if the discharge has not ceased,the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance, Version 11/09/2011 NPDES Permit Standard Conditions • Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR,Part 403)to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 02H .0907(a)and(b). [40 CFR 122.44(j)(2)] 5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H .0900,and in accordance with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40 CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H.0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs,the IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program.The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9] 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A NCAC 02H.0903(b)(16), .0906(b)(3)and.0905] 4. Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division.Within 180 days of the effective date of this permit(or any subsequent permit modification)the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44].The Permittee shall develop,in accordance with 40 CFR 403.5(c)and 15A NCAC 02H .0909,specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5,local limits are Version 11/09/2011 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment.Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10),.0905,and .0906(b)(4)] 5. Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works.These permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special conditions,and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all IUPs.Permitted.IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA.[15A NCAC 02H.0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility.Prior to the issuance of an AtC,the proposed pretreatment facility and treatment,process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H.0906(b)(7)and.0905;NCGS 143- 215.1(a)(8)] 7. POTW Inspection&Monitoring of their IUs The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division approved pretreatment program in order to determine,independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H.0908(e);40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year; b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited parameters including flow except as allowed under 15A NCAC.0908(e);and c. At least once per year,document an evaluation of any non-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2),and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A NCAC 02H.0908. [15A NCAC 02H.0906(b)(5)and.0905;40 CFR 403.8(1)(1)(v)and(2)(iii);40 CFR 122.44(j)(2)and 40 CFR 403.12] 9. Enforcement Response Plan(ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H.0909,specific local limitations,and other pretreatment requirements.All remedies,enforcement actions and other, shall be consistent with the Enforcement Response Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.80)(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908.In lieu of submitting annual reports,Modified Pretreatment Programs developed under 1SA NCAC 02H .0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report (PAR)describing its pretreatment activities-over the previous calendar year to the Division at the following address: Version 11/09/2011 NPDES Permit Standard Conditions • Page 18 of 18 NC DENR./Division of Water Quality/Surface Water Protection Section Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on forms or in a format provided by the Division; c. Significant Non-Compliance Report(SNCR) A list of Industrial Users(lUs)in significant noncompliance(SNC)with pretreatment requirements,and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms(IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs).These analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of lUs in SNC,a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs,and any other information,upon request,which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11,. Public Notice The Permttee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period.This list shall be published within four months of the applicable twelve-month period.[15A NCAC 02H.0903(b)(34), .0908(b)(5)and 0905 and 40 CFR 403.80(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with. support information including general records,water quality records,and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H.0908(f). [15A NCAC 02H .0908(f);40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW monitoring of their Significant Industrial Users(Sits),and Monitoring Plan modifications,shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H.0114 and 15A NCAC 02H.0907. Version 11/09/2011 NPDES Permit Standard Conditions,Stormwater Supplement Page 1 of 6 PART V SUPPLEMENTAL STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS Section A. Definitions Adverse Weather Conditions Adverse conditions are those that are dangerous or create inaccessibility for personnel,such as local flooding,high winds,or electrical storms,or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period,the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event.Documentation of an adverse event(with date,time and written narrative)and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater,foundation drains,air-conditioner condensate without added chemicals, springs,discharges of uncontaminated potable water,waterline and fire hydrant flushings,water from footing drains,flows from riparian habitats and wetlands. (c) Discharges resulting from fire-fighting or fire-fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process,activity,or physical structure.More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwaterhnenuofbmps/index.cfm. Bulk Storage of Liquid Products Liquid raw materials,manufactured products,waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Bypass(Stormawter) A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system,which is not a designed or established operating mode for the facility. DWR or"the Division" The Division of Water Resources,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes.Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 10/15/2013 NPDES Permit Standard Conditions,Stormwater Supplement Page 2 of 6 • Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility,a surface impoundment,an injection well,a hazardous waste long-term storage facility or a surface storage facility. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period,and obtains approval from the local DWR Regional Office. Two copies of this information and a written request letter shall be sent to the local DWR Regional Office. After authorization by the DWR Regional Office,a written approval letter must be kept on site in the permittee's SPPP. Municipal Separate Storm Sewer System(MS4) A stormwater collection system within an incorporated area of local self-government such as a city or town. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain,snow,snowmelt,or runoff. Industrial materials or activities include,but are not limited to,material handling equipment or activities,industrial machinery,raw materials,intermediate products,by-products,final products,or waste products. DWR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR§122.26(g). Permittee The owner or operator issued this Individual Permit. Point Source Discharge of Stormwater Any discernible,confined and discrete conveyance including,but not specifically limited to,any pipe,ditch, channel,tunnel,conduit,well,or discrete fissure from which stormwater is or may be discharged to waters of the state. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls,the DWR may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year,24-hour storm event. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right-to-Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting requirements;and c. Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on Table II(organic priority pollutants),Table III(certain metals,cyanides,and phenols)or Table IV(certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)of the CWA at 40 CFR 116.4;or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Version 10/15/2013 • NPDES Permit Standard Conditions,Stormwater Supplement Page 3 of 6 Significant Materials Includes,but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic pellets; finished materials such as metallic products;raw materials used in food processing or production;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of Title III of SARA;fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with stormwater discharges. Significant Spills Includes,but is not limited to:releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act(Ref:40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA(Ref:40 CFR 302.4). Stormwater Discharge Outfall(SDO) The point of departure of stormwater from a discernible,confined,or discrete conveyance,including but not limited to,storm sewer pipes,drainage ditches,channels,spillways,or channelized collection areas,from which stormwater flows directly or indirectly into waters of the State of North Carolina. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing,processing or raw material storage areas at an industrial site. Facilities considered to be engaged in"industrial activities"include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. Total Maximum Daily Load(TMDL1 TMDLs are written plans for attaining and maintaining water quality standards,in all seasons,for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at http://p ortal.ncdenr.org/web/wq/p s/mtu/tmdl/tmdls Vehicle Maintenance Activity Vehicle rehabilitation,mechanical repairs,painting,fueling,lubrication,vehicle cleaning operations,or airport deicing operations. Visible Sedimentation Solid particulate matter,both mineral and organic,that has been or is being transported by water,air,gravity,or ice from its site of origin which can be seen with the unaided eye. 25-year,24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded,on the average,once in 25 years. Version 10/15/2013 NPDES Permit Standard Conditions,Stormwater Supplement Page 4 of 6 Section B. General Conditions 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment,as specified in Part II,Section A,Paragraph 2(b) of this permit,shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment,as specified in Part II,Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Civil and Criminal Liability Except as provided in Part V,Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6,or Section 309 of the Federal Act,33 USC 1319. Furthermore,the permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. Section C. Operation and Maintenance of Pollution Controls 1. Bypassing of Stormwater Treatment Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;and b. There were no feasible alternatives to the bypass,such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and c. The permittee submitted notices as required under Part V,Section E of this permit. If the Director determines that it will meet the three conditions listed above,the Director may approve an anticipated bypass after considering its adverse effects. Version 10/15/2013 * NPDES Perniit Standard Conditions,Stormwater Supplement Page 5 of 6 Section D. Monitoring and Records 1. Representative Outfall(Stormwater Only) If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled,the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status,then sampling requirements may be performed at a reduced number of outfalls. 2. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on-site. The permittee shall retain records of all monitoring information,including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample,measurement, report or application. This period may be extended by request of the Director at any time. 8. Inspection and Entry The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),or in the case of a facility which discharges through a municipal separate storm sewer system,an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge,upon the presentation of credentials and other documents as may be required by law,to: a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment), practices,or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)]. Section E. Reporting Requirements 1. Discharge Monitoring Reports(Stormwater) Stormwater samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report(DMR)forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period,the permittee is required to submit a Discharge Monitoring Report,within 30 days of the end of the six-month sampling period, giving all required information and indicating"NO FLOW" as per NCAC T15A 02B.0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division,and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division,except upon DWR's specific requirement to do so. f Version 10/15/2013 NPDES Permit Standard Conditions,Stormwater Supplement' • Page 6 of 6 2. Submitting Reports (Stormwater) Two signed copies of Stormwater Discharge Monitoring Reports(DMRs)shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 The permittee shall retain the completed originals on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless specifically requested by DWR. 3. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge,the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 4. Spills The permittee shall report to the local DWR Regional Office,within 24 hours,all significant spills as defined in Part V of this permit. Additionally,the permittee shall report spills.including: any oil spill of 25 gallons or more,any spill regardless of amount that causes a sheen on surface waters,any oil spill regardless of amount occurring within 100 feet of surface waters,and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 5. Bypass(Stormwater) a. Anticipated bypass. If the permittee knows in advance of the need for a bypass(of storwmater treatment facilities),it shall submit prior notice,if possible at least ten days before the date of the bypass;including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass (of stormwater treatment facilities). • • Version 10/15/2013 M1 FILE To: Western NPDES Program Unit • - - - - . Surface Water Protection Section Attention: Charles Weaver Date: June 28, 2013 NPDES STAFF REPORT AND RECOMMENDATION County: Cabarrus Permit No. NC0086169 PART I- GENERAL INFORMATION 1. Facility and Address: Corning Incorporated Concord Optical Fiber 14556 Hwy 601 South Midland,NC 28107 2. Date of Investigation: June 26, 2013 3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer II SOY— ec°12 4. Persons Contacted and Telephone Number:Timothy Haley,EHS Supervisor;(704) W_ 5. Directions to Site: From the junction of Hwy 601 and Hwy 24-27 in the Town of Midland in southern Cabarrus County,travel south on Hwy 601 approx. 2.65 miles. The Corning plant is located on the right(west) side of Hwy 601. 6. Discharge Point(s): outfall 001 outfall 002 outfall 003 Latitude: 35°13' 02" 35°12' 34" 35°12' 30" Longitude: 80° 31' 15" 80° 31' 31" 80° 29'49" U.S.G.S. Quad No.: G 16 NE U.S.G.S. Name: Midland,N.C. 7. Receiving stream or affected surface waters: U.T.to Muddy Creek(outfall 001), U.T. to Clear Creek(outfall 002), Rocky River (outfall 003). a. Classification: C (for all outfalls) b. River Basin and Subbasin No.: Yadkin Pee-Dee; 03-07-12 c. Describe receiving stream features and pertinent downstream uses: A dry ditch at outfall 001 and 002. Good flow at 003 (Rocky River). General C classification uses downstream. - - PART II- DESCRIPTION OF DISCHARGE AND-TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.107 MGD. b. What is the current permitted capacity: Flows are not limited in the permit. c. Acual treatment capacity of the current facility(current design capacity)? 0.107 MGD d. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing WWT facilities consist of pH adjustment and flocculation. e. Possible toxic impacts to surface waters: Biocides are added to the waste stream for corrosion, scale foam and algae control. PART IV-EVALUATION AND RECOMMENDATIONS The Permittee, Corning, Inc. is requesting renewal for the discharge permit at the facility located in Cabarrus County. The process discharge at outfall 003 constitute mainly of blowdown from the scrubbers, water softuer from floors drain, water softner blowdown, and cooling tower blowdown. Outfall 001 consists of stormwater only. Outfall 002 consists of stormwater, cooling tower and boiler blowdown. In item No. 12 of the renewal application,the permittee listed the number of discharges that do not actually discharge to surface water. The only discharge to surface water is the process wastewater. The sanitary sewer discharges to Muddy Creek WWTP, and most of the utility water will evaporate in the detention basin prior to being discharged. There has been no changes in the operation since 2008, and the permittee wishes to renew the permit for the discharge of 0.017 MGD. There has been no expansion since the last renewal. Pending review and approval by the NPDES Unit, It is recommended that the NPDES permit be renewed as requested. Signature of Report Preparer Date "Lt- C2 ) 0. l� Water Quality Regional Supervisor D e Air:1;A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary May 6, 2013 RECEIVED OIV!SION O ',VP7E=R QUALITY JUN 12 2013 Corning Incorporated Concord Optical Fiber MOORESViLLE¢: (310NAL OFFICE P.O. Box 1700 Concord, NC 28026 • Subject: Receipt of permit renewal application NPDES Permit NC0086169 Cabarrus County Dear Mr. Kenneth N. Inman,. The NPDES Unit received your permit renewal application on 05-06-2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any • additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, C-YUOC -22,cinielA iczu Jeff Poupart Point Source Branch Program Supervisor IV Cc: Central Files Mooresville Regional Office NPDES Unit 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 One NolthCarolina An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Naturally Phone:919-707-86001 Internet:www,ncdenr.gov h NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 RECEIVED NPDES Permit Number NC0086169 DIVISION OF WATER QUALITY Please print or type. J U N 12 2013 1. Contact Information: MOOF;ESviLLE 6:r- i6NAL OFFICE Owner Name Corning Incorporated Facility Name Concord Optical Fiber Mailing Address PO Box 1700 City Concord State / Zip Code NC/28026-1700 Telephone Number (704) 569-6865 Fax Number (704) 569-7182 e-mail Address barfieldjl@corning.com 2. Location of facility producing discharge: /6�, 6 q-boo° Check here if same as above ❑ Street Address or State Road 14556 Hwy 601 South - City Midland State / Zip Code NC/28107 County Cabarrus 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Corning Incorporated Mailing Address PO Box 1700 City Concord State / Zip Code NC/28107 Telephone Number (704) 569-6865 Fax Number (704) 569-7182 Page 1 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ 5. Standard Industrial Classification (SIC) code(s): 3229 6. Number of employees: 520 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. The effluent air stream of the chemical vapor deposition process is controlled via wet scrubbers. The resultant water effluent is treated via basic nutralization. Weak acid or Sodium hydroxide is introduced to maintain pH between 6.0 and 9.0 standard units. The neutralizations system is capable of handling 14gpm with 211 ppm of suspended solids ranging from pH 1-14. As the solids loading decreases, the volume flow capacity of the system increases. Flucculation is also used. GE Betz Polyfloc is used to flocculate solids and is dosed at 10 ppm. A low speed mixer is used to generate flocs in a lamella clarifier. 8. Is facility covered under federal effluent limitation guidelines? No r Yes ❑ If yes, specify the category? 9. Principal product(s) produced: Optical Fiber Principal raw material(s) consumed: Silicas and Halides Briefly describe the manufacturing process(es): Raw Materials are combined in a process called outside vapor deposition. The resultantant product is ultra pure glass which is then drawn and coated to produce optical fiber used in telecommunications. Page 2 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed (List specific amounts consumed and/or units of production over the last three years) Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed (AVERAGE) (PEAK) per Day Confidential - See Attachment Confidential - See Attachment per Month Confidential - See Attachment Confidential - See Attachment per Year Confidential - See Attachment Confidential - See Attachment 11. Frequency of discharge: Continuous ® Intermittent ❑ If intermittent: Days per week discharge occurs: Duration: i 12. Types of wastewater discharged to surface waters only Discharge Flow (GALLONS PER DAY) Sanitary - monthly average 6804 — ieioAA Utility water, etc. - monthly average 223475 — D/Ni G ^'fr O P41"-E-s 5 2 It de-!/64,a/1,A Process water - monthly average 48186 Stormwater-monthly average Other-monthly average Explain: Monthly Average 278465 total discharge (all types) 13. Number of separate discharge points: 3 Outfall Identification number(s) 001, 002, 003 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): OF 001 Tributary to Muddy Creek, OF2 Tributary to Clear Creek, OF 003 Rocky River Page 3 of 5 C-MI 10/08 Confidential Business Information Corning Incorporated 14556 Highway 601 Midland,NC 28107 Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed (AVERAGE) (PEAK) per Day 75,000 LBS 128,888 LBS per Month 225,400 LBS 3,833,333 LBS per Year 27,000,000 LBS 46,000,000 LBS \r • 1 ,.. • d76•0 7' • • Cem rRN r� oo`�_� I �• •...Nil]Grove'CI}) SY qf-. 1'"5 •�__:_ is - I • I12adla�d I' . '.—,�, A • - '---.'77 tit, -L.' -"/'--\-'•..-/• ••;;-• j-• j rc•V f� la , {' -=', •, • - li ‘c:,0' r.•'. ,.-:. ;; y5 �:=c= (� ) � -SOS• _ C1 /- . - - I - fl, sso '� • r '�.. p/ .. I o ��• • T/kf V e I • •? rV ; (�' ! Outfal]001 t �' • O • 1 \. Latitude: 35°13'02' �'i r ) !! •�`; li yyh r Landing LO /6� 1,;: .• Gi'..G o svip. - . ngitude: 80031'15.: • ti ° .(.-` ,' •_. �' 1 \550f.., �D �• 50 _. jtp B M \ IIII de: 3501 N soo - 1 I - ' . ;. - _ 50c, ., LOngihide. 8 °210„ c ---, ill;I - _ i.I a ( 0 949• II }El, � • 75 � J ,'�\ 1 i • ' 1 In • \ K' Ch "... p C 0 ?''I'\ e•10 ..j . y,l �'.03 o i Receiving Streams I .BM _ o 001 -UT of Muddy Creek aeon • 014/ i '- ��� - ..,,,,IV, 002-UT of Clear Creek j N I . \ ;i 003-Rocky River t , ROAD CLASSIFICATION SCALE 1 :24 000 PRIMARY HIGHWAY LIGHT-DUTY ROAD,HARD OR 0 - 1 MILE :c HARD SURFACE NIIMMIMMMI IMPROVED SURFACE (•'_ f. ,j s i SECONDARY HIGHWAY 0 7000 FEET • I HARD SURFACE Q>D — _UNIMPROVED ROAD — 1------1 l'' '-1 1-----1 1 ' 0 1 KILOMETER I° Latitude See Above Longitude See Above f--._i 1--_I ;i. I Map#G16NE/G17NW Sub-basin 03-07-12 CONTOUR INTERVAL 10 FEET Stream Class C QUAD LOCATION Discharge Class too%Industrial Corning Incorporated NC0086169 Receiving Stream See Above e Cabarrus County \Design Q 0.023 MGD Permit expires 1 0/31/99 Fiber Optic Manufacturer I 1 r 1 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed.Temperature and pH shall be grab samples,for all other parameters 24-hour composite sampling shall be used.If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE:Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize the past 3 years of effluent data. Parameter Daily Monthly Units of Maximum Average Measurement Biochemical Oxygen Demand (BOD5) Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids 22.0 6.9 mg/L Ammonia as N Temperature (Summer) 38 33 °C Temperature (Winter) 38 26 °C pH 7.7 6.6-7.7 SU Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is <20 <20 pg/L used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) NCR000007856 NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NC0086169 Dredge or fill (Section 404 or CWA) PSD (CAA) Other Title V Air-08436 Non-attainment program (CAA) 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) GE Water-Spectrus OX 1200; GE Water-Foamtol AF2290; GE Water-Depositrol PY5200; GE Water-Spectrus BD 1550; GE Water-Gengard GN7112;GE Water-Spectrus NX1100; GE Water-Optigard MCP601; GE Water-Control IS104 Page 4 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No El 19. Applicant Certification 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. Kenneth N. Inman Plant Manager Printed name of Person Signing Title 12 121,-vvs?-A-- `172 C h Signature of Applicant Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person 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 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 $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than$25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 5 C-MI 10/08 � W.4TFR Michael F.Easley,Governor Q? �i William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director `v4.• "n ^: Division of Water Quality December 23, 2008 Mr.Rodney Morgan, EH&S Supervisor Corning Inc. ry 14556 Hwy 601 South Midland,NC 28107 DEC 3 1 2008 Subject: NPDES Permit Modification Permit Number NCOO86169 [': ` ; 'Lg3p � ; Corning Midland Plant WWTP Cabarrus County DM-Surface Wafer Protection Dear Mr. Morgan: Division personnel have reviewed and approved your request for modification of the subject permit. Please delete Part I, Section A, Condition 6-Pollutant Analysis Condition, from your permit requirement. Since this facility does not classify as a Primary Industry, it is not subject to the monitoring requirement titled"Permit Application Testing Requirements"specified in 40 CFR Part 122, Appendix D. This modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which maybe required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Tom Belnick at telephone number(919) 807-6390. Sincerely, • j/14/ /441 o Coleen H. Sullins Z1C/ cc: Central Files nroresv+bite R gigr a1 Offr"ct ur ace ater2P'ro" i S-e t'©n - DES- mt NorthCarolina • Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)807-6300 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury Si. Raleigh,NC 27604 Fax (919)807-6495 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ,I • i DEC W AT 19 Michael F.Easley,Governor • 0• QG William G.Ross Jr.,Secretary rNorth Carolin., .a of o 90. a a t Rio • o I,D for O 4 Div 041 e 9 c,7i October 29, 2008 NOV — 32008 Mr. Scot M. Lachowicz Corning, Inc. :. 14556 Hwy 601 k'" Midland, N.C. 28107 ®' ` mil ; rcw,L,l on Subject: Issuance of NPDES Permit NC0086169 Midland Plant WWTP Cabarrus County Dear Mr. Lachowicz: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). • If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty(30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh,North Carolina 27699- 6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Tom Belnick at telephone number (919) 807-6390. Si erely, • 044 Coleen H. Sullins cc: Central Files NPDES File Ntoor Oifle Reg orial;Office'.Surface Water Protection Aquatic Toxicology Unit NorthCarolina Mtura!!M North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)807-6300 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)807-6495 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Permit NC0086169 STATE OF NORTH .CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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, Corning, Incorporated is hereby authorized to discharge wastewater and stormwater from a facility located at the Midland Plant WWTP • U.S. Highway 601 Midland Cabarrus County to receiving waters designated as an unnamed tributary to Muddy Creek (outfall 001), an unnamed tributary to Clear Creek (outfall 002) and the Rocky River (outfall 003) in the Yadkin- Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other • conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective December 1, 2008. This permit and the authorization to discharge shall expire at midnight on October 31, 2013. Signed this day October 29, 2008. • (1/141 , Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0086169 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective.Therefore,. the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. CORNING INCORPORATED IS HEREBY AUTHORIZED TO: 1. Continue operation of a 0.107 MGD wastewater treatment facility (outfall 003) located at the Midland Plant WWTP off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility includes the following treatment components: • Equalization tank • Off-spec tank - • Two Lamella clarifier • Two neutralization tanks • Neutralization transfer tank • Chloride stabilization tank • Surge blend tank 2. After receiving Authorization to Construct from the Division -of Water Quality, construct and operate facilities for the discharge of up to 0.142 MGD through outfall 003; and ' 3. Discharge stormwater, boiler blowdown, and non-contact cooling water from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002); discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 — S.ee Part I, Section A, Number 8 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges, for monitoring requirements); and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the attached map into the Rocky River (Outfall 003). All receiving streams are classified C waters in the.Yadkin-Pee Dee River basin. ff �,_/S JIB ����Wi a� �s,, (4 , . ,`, '" ` �� • t -- --fery__.- - -.7. ,,,.5.„-f,-,,,,,,,,,v,5:‘,, 1 /1/1 `� ;2-1 ///,,,,; ":"..,,:„:i•,,,,......,:i..;:'ir::::r. •, • ,J 0 )) Ill ____< v..c ,..), cb :: i - / .,„ 1 1 .. : Al.,' Z• 4't.' • 4:4.:e0; ql'/) a /� F�f ,y: 4. 1 #.-" '''' S'' f � Outfall 001 , ' " ? �---, Latitude: 35°13'02" •i!■ • ' Longitude: 80°31'15" o '� �J '•1 0,_.�; 0,, •'-t. - . (77 i i�l 0 Af li ' ', I an n / \ / rr, • • h �J y,� l w ti str; ,- �v� d,_ _ ' /'f - � _il kP ) L ,, _ .6411pyi 1\11 `,r • / • ` \ 0 U d J) r ,t� e� , r �. .• 0' c ,� e,,tr'� 1 , �,.�} , 0 ` $� 0 l�`�. ,h \\27 Outfall 003 irgr\ci. �l 1 sao�11) } r°'` Latitude: 35°12'30" i • hcf)J.__ji L r ( 1 � 7 Longitude: 80°29'49" �. :-' 'I.: ' (.40\ t 1 i w .. "..."-... .: \\c•. • \ V ° 51,.i . , , 0 • . ,- yiiiii...-,- :L.:.cs ,,\. ■ 6 ,, Outfall 002 '� \fs k.:\ ✓ '././ 1 \ is\Itit o •> Latitude: 35°12'34" t�` •' _ .. Q�� -! �' ��� • Longitude: 80 31'31" ( r 7 r�. 1 •�,0 -e.\\i'. • -------- or li ,"1\-Irrij \TAN4 0 sIbt,--ce-$,.. / ,,.. lof f LI (3 . 0% i; , ..,.. ....o s 4) i i ///4 42 r II'''''''-'%-", 41C)19 lit 11 . '...... —L.,- i . ' It 2° N.'''. / (C.):—_,) N. ...... , i) ,..• w : \, = /*4'. / /7 i / ——1 \---:—\./ ‘•:•:,,1 .0 gs ,.. / :1--fi // A i..._ . (0 /1? j. �� } 'l at 1 p7 i�� `lea`' /, '_500 1 0 ,�„J Receiving Streams :i , �� , C�.. 001 -UT to Muddy Creek t L•L Q S) ) t —� Clear002-UT to Creek 9 `4 �/ ! qL,---1_,; ; ( •11 _ 003-Rocky River Corning Incorporated - NC0086169 Y ';" :,. Facility4� ic� 2 Location �,' ' ' �' USGS Quad Name:Waco ' Receiving Stream:See above Stream Class: C Subbasin:Yadkin-030712 North Not to SCALE Permit NC0086169 Part I. Section A 1. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall 002 [Stormwater, Humidification Boiler Blowdown, and Non-Contact Cooling Water]. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter himits Monitoring Requirements Monthly Daily;Average Measurement Sample Sample Avera a Fre uenc : ' Type "1x Flow Semi-annually Estimate Effluent Temperature2 Semi-annually Grab Effluent Total Residual Semi-annually Grab Effluent Chlorine pH >6.0 and<9.0 Standard Units Semi-annually Grab Effluent Notes: 1• The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will, not exceed a maximum of 32°C. There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. Conditions related to the stormwater portion of this outfall can be found in Part I, Section A, Number 8 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges. SEE PART I,SECTION A,NUMBER 9-ANNUAL SHUTDOWN PROCEDURES CONDITION.. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Permit NC0086169 2. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.107 MGD) During the period beginning on the effective date of the permit and lasting until expansion beyond 0.107 MGD or permit expiration, the Permittee is authorized to discharge from outfall 003 [Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash]. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter Limits Monitoring Requirements Monthly Daily - Measurement Sample`; Sample. Average - .:Average Frequency Type Locati•on' Flow 0.107 MGD Continuous Estimate Effluent Total Residual 28 µg/L 2/Week Grab Effluent Chlorine2 Chloride 2/Week Composite Effluent Total Suspended 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Solids Temperature3 Weekly Grab Effluent pH >6.0 and<9.0 Standard Units Weekly Grab Effluent Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grab Effluent Total Zinc - Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity4 Quarterly Composite Effluent Pollutant Analysis See Part I, Section A, Number 6 of this permit Effluent • Notes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The Permittee shall report all effluent TRC values reported by a NC-certified laboratory [including field- certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. 3. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 4. Chronic Toxicity (Ceriodaphnia) at 1.0%;January,April, July and October [see A(4)]. SEE PART I,SECTION A,NUMBER 9-ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Permit NC0086169 • 3. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.142 MGD) During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 003 [Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash]. Such discharges shall be limited and monitored by the Permittee as specified below: • Parameter h Limits Monitoring Requirements�� r � � Monthly Daily Average Measurement Samples Sample -- �� ,� a �a °� 'e s is Y �R s � .� .°$a�2� `' !'�.+t�'�`a F�`•c `�b w� � .� y�'�•`�§`F �e ��� � t rSn �a:� '. f Average a Frequency 5 # T fie.� _1YLocationl Flow 0.142 MGD Continuous Estimate Effluent Total Residual 28 µg/L 2/Week Grab Effluent Chlorine2 Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature2 Weekly Grab Effluent pH >6.0 and<9.0 Standard Units Weekly Grab Effluent Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grab Effluent Total Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Pollutant Analysis See Part I, Section A, Number 6 of this permit Effluent Notes: 1- The compliance point for flow shall be upstream of the non-contact cooling water and-boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge. • location. - 2. The Permittee shall report all effluent TRC values reported by a NC-certified laboratory [including field- certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. 3. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 4. Chronic Toxicity.(Ceriodaphnia) at 1.7%;January,April, July and October [see A. (5)]. SEE PART I,SECTION A,NUMBER 9-ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Permit NC0086169 4. CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY TEST AT 0.107 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.0%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April,July, October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The defmition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/ DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. .. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts'to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and,appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit NC0086169 5. CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY TEST AT 0.142 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.7%. The permit holder shall perform at a minimum, quarterly monitoring using.test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April,July, October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail'results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/ DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data,and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then,required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit NC0086169 6. POLLUTANT ANALYSIS CONDITION The Permittee shall conduct a test for pollutants once per permit cycle at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed using EPA approved methods for the following analytic fractions: (a) purgeables (i.e.,volatile organic compounds); • (b) acid extractables; • (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; - - (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Pollutant Analysis Monitoring Requirement" (PAM). 2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable, base/neutral extractable, and acid extractable fractions (or fewer than 10 if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule"). 7. BIOLOGICAL MONITORING CONDITION After completion of the expansion to 0.142 MGD, the Permittee shall conduct an upstream and downstream berithic macroinvertebrate survey. This survey should be conducted between the months of June and September. A report of the survey's findings shall be included,with the next permit renewal application after the expansion is completed. . For technical assistance regarding this permit requirement, please contact the Division's Biological Assessment Unit at(919) 733-6946. Permit NC0086169 S. STORMWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled, limited and monitored as specified below. 1. , Stormwater Pollution Prevention Plans The permittee shall develop and continue to update a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part III, Standard Conditions,Section E.10. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: (r) A general location map (USGS quadrangle map, or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges. If the discharge is to L. municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge must be shown. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map (or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas),,drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and non-structural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater Permit NC0086169 that accumulates in the containment area shall be at a minimum visually observed prior...to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. • The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B.11.) to the Director that the changes have been made. h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September - November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part II, Section A.2. shall be performed in addition to facility inspections. i. Implementation: Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities and training provided to employees, including the log of the sampling data. Activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities, must also be recorded. All required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. Permit NC0086169 2. Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources,of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. 14 m S"T^ /4 r ;.�,q `s s ,"w, .6"tr Sto rm '4" 4f y F 7'7 '4 t•�,`.4 xW�'T$.%4 k r n water Discharge4C4racteristics Frequency) Morutoruzg Type2 k Monitoring7,ocation3 Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of stormwater pollution Semi-annual Visual SDO 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. - 3 SDO: effluent at outfalls 001 and 002. STORMWATER DEFINITIONS 1. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 2. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 3. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, .ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 4. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 5. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year,24-hour storm event. 6. Section 313 Water Priority Chemical • A chemical or chemical category which: Permit NC0086169 a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA) of 1986, also titled the Emergency Planning and Community Right-to- Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and - c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); r (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 7. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets;finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 8. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in•excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117:21) or section 102 of CERCLA(Ref: 40 CFR 302.4). 9. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 10. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built-upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 11. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity,or ice from its site of origin, which can be seen with the unaided eye. 9. ANNUAL SHUTDOWN PROCEDURES CONDITION On an annual basis, the permittee is permitted to discharge up to 250,000 gallons of non-contact cooling water and flush water, from the two cooling tower basins, through Outfall 002. The semi-annual monitoring associated with outfall 002 shall coincide with this event. Corning Incorporated shall develop a HVAC Cooling Tower Shutdown Procedure consistent with Betz-Dearborn recommendations. The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers will not be flushed at the same time. This procedure shall be kept on site and available for review by Division staff upon request. Additionally, the time and duration for the discharge of non-contact cooling water through outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge and available for review by the Division upon request. NPDES Permit Standard Conditions Page 1of16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended, 33 USC 1251,et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over .a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period,at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Version 10/10/2007 NPDES Permit Standard Conditions Page 2 of 16 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected at least every six hours;there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the "daily discharge"is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non-toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility,or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean,values of"0" (or"< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 nil collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 10/10/2007 • NPDES Permit Standard Conditions Page 3 of 16 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform,the geometric mean of such discharges. Section B. 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 denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301,302,306, 307,308,318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301,302, 306,307,308,318,or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under Version 10/10/2007 NPDES Permit Standard Conditions ' Page 4 of 16 section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to $25,000 per day of violation,or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years,or both. [40 CFR 122.41 (a) (2)] d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than$100,000 per day of violation, or imprisonment of not more than 6 years,or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302,303, 306,307, 308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections,in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall,upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall,upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Version 10/10/2007 NPDES Permit Standard Conditions Page 5 of 16 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid, the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required'by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing,production, or operating facilities,provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. Version 10/10/2007 NPDES Permit Standard Conditions ' Page 6 of 16 b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H .0100;and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 10/10/2007 NPDES Permit Standard Conditions Page 7 of 16 The ORC of each Class I facility must: > Visit the facility at least weekly > Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must: > Visit the facility at least five days per week,excluding holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: > Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC > A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [4,0 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b. of this section. Version 10/10/2007 NPDES Permit Standard Conditions ' Page 8 of 16 (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B. 2. of this permit. c. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Version 10/10/2007 NPDES Permit Standard Conditions Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) ,or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 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 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation Version 10/10/2007 NPDES Permit Standard Conditions • Page 10 of 16 ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. Version 10/10/2007 NPDES Permit Standard Conditions Page 11 of 16 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division •as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Version 10/10/2007 NPDES Permit Standard Conditions • Page 12of16 Persons reporting such occurrences by telephone shall also file a- written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant 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 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant 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 which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; Version 10/10/2007 • NPDES Permit Standard Conditions Page 13of16 (1) Five hundred micrograms per liter(500 µg/L); • (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as • sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW I e. Heat in amounts which will inhibit biological activity in the POTW resulting in nterference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; Version 10/10/2007 NPDES Permit Standard Conditions ° Page 14 of 16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants,except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H.0907(b). 5. This permit shall be modified,or alternatively,revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A • NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to.the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey(IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,Section D,and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A-"-- .0909. Version 10/10/2007 NPDES Permit Standard Conditions Page 15 of 16 5. Industrial User Pretreatment Permits (IUP) &Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all significant industrial users,permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The.Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection&Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users,compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit- limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31,except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting • The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H.0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H°.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR/DWQ /Pretreatment Unit 1617 Mail Service Center Raleigh,NC 27699-1617 • Version 10/10/2007 NPDES Permit Standard Conditions '\ Page 16of16 R i y These reports shall be submitted according to-a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non-Compliance (SNC); b.) Pretreatment Program Summary(PPS) A pretreatment program summary(PPS) on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion ,of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-Compliance (SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records,water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. 'Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H .0907. Version 10/10/2007 ., ,, SOC PRIORITY PROJECT: No la)-- To: NPDES Unit Water Quality Section Attention: Susan Wilson Date: April 29, 2008 NPDES STAFF REPORT AND RECOMMENDATIONS County: Cabarrus NPDES Permit No.: NC0086169 PART I - GENERAL INFORMATION 1. Facility and address: Corning, Inc. 14556 Highway 601 Midland,N.C. 28107 2. Date of investigation: April 29, 2008 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Rodney Morgan, (704) 569-7209. 5. Directions to site: From the jct. of Hwy. 601 and Hwy. 24-27 in the Town of Midland in southern Cabarrus County, travel south on Hwy. 601 . 2.65 miles. The Corning plant is located on the right (west) side of Hwy. 601. 6. Discharge point(s), list for all discharge points: - outfall 001 outfall 002 outfall 003 Latitude: 35° 13' 02" Latitude: 35° 12' 34" Latitude: 35° 12' 30" Longitude: 80° 31' 15" Longitude: 80° 31' 31" Longitude: 80° 29' 49" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 16 NE 7. Site size and expansion area consistent with application: Yes. There is sufficient area available for the construction of any additional treatment units, if necessary. 8. Topography(relationship to flood plain included): Relatively flat, 2-4% slopes. The plant site is not located in a flood plain. 9. Location of nearest dwelling: Approx. 500+feet from the WWTP site. Page Two 10. Receiving stream or affected surface waters: U.T. to Muddy Creek(outfall 001), U.T. to Clear Creek(outfall 002), Rocky River (outfall 003). a. Classification: C (for all outfalls). b. River Basin and Subbasin No.: Yadkin 030712 c. Describe receiving stream features and pertinent downstream uses: A small amount of flow has been observed at the discharge locations for outfalls 001 and 002, which typically is a dry ditch. Excellent flow observed in the Rocky River at discharge outfall 003. PART II- DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater in MG per operating day: 0.191520 MGD (outfalls 001 & 002) 0.141120 MGD (outfall 003) b. What is the current permitted capacity: flows are not limited in the permit. c. Actual treatment capacity of current facility(current design capacity): See No. 1(a) above. d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: There have been no ATCs issued to this facility in the past two years. e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of pH adjustment and flocculation. f. Description of proposed WWT facilities: There are no WWT facilities proposed at this time. g. Possible toxic impacts to surface waters: Biocides are added to the waste stream for corrosion, scale, foam, and algae control (see renewal application for specific products. 2. Residual handling and utilization/disposal scheme: Residuals disposal, when necessary, is accomplished by placing the residuals (after neutralization) in metal containers and transporting them as non-hazardous waste to a private landfill. 3. Treatment Plant Classification: Class I (no change from previous rating) 4. SIC Code(s): 3229 Wastewater Code(s): 78 MTU Code(s): 510102 PART III OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved(municipals only)? Public monies were not used in the construction of this facility. Page Three 2. Special monitoring or limitations (including toxicity).requests: None pending receipt and review of the draft permit. 3. Important SOC or Compliance Schedule dates: This facility is neither under an SOC nor is one being considered at this time. • 4. Alternative analysis evaluation: There is no known alternative other than a discharge to surface waters at this time. All non-discharge alternatives available to this facility were evaluated prior to this plant being built, and this Office is unaware of any of changes in the status of these alternative at this time. Corning discharges all domestic wastewater into the Water and Sewer Authority of Cabarrus County's Muddy Creek WWTP, however, there is insufficient capacity at the Muddy Creek WWTP to accept all of Coming's waste streams. PART IV- EVALUATION AND RECOMMENDATIONS Corning, Inc. requests the reissuance of an NPDES Permit for the discharge of both process water and non-contact cooling water from a facility located southern Cabarrus County. The Corning facility began limited operation again in in the fall of 2007 after being closed (mothballed) for nearly 5 years due to poor economic conditions. The process water discharge (outfall 003) contains the following sources of wastewater: 1. Blowdown from pollution abatement equipment. -kAt Sc.,,,,igr..,- 2. Water softener from area floor drains. 3. Water softener blowdown. 4. Cooling tower blowdown. 5. Some stormwater. The two (2) cooling water outfalls (001 & 002) leave the site only after passing through a wet detention basin. During periods of infrequent rainfall these basins may hold little, if any water. However, during wet-weather,these basins may hold substantial quantities of water, which will be made up primarily of stormwater. Most of the site's stormwater has been channeled around the detention basins, however, there will still be a considerable quantity of that enters the basins either directly or indirectly. Pending receipt and approval of the draft permit, it is recommended that the NPDES Permit be reissued as requested. / l2c� Si nature of Report Preparer / nktifte • /2/C. . 9.44n- Water Quality�°1Zeg'ional Supervisor ate h:\dsr\dsr08\corning.doc �-' rW A7 /ti Michael F.Easley,Governor Q � G William G.Ross Jr.,Secretary UJ North Carolina Department of Environment and Natural Resources O -c Coker'H.Sullins,Director „ Division of WPrkater Quality lip f 41. April22,2008 APR 2 4 2008 SCOT M LACHOWICZ seEwN PLANT MANAGER �� Q � �' CORNING INCORPORA'1'F.D,CONCORD FACILITY DW ® 19�fGr® eCt®n 14556 HWY 601 MIDLAND NC 28107 Subject Receipt of permit renewal application NPDES Permit NC0086169 Fiber Optic Facility Cabarrus County Dear Mr.Lachowicz: The NPDES Unit received your permit renewal application on April 21,2008. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permits, please contact Susan Wilson at(919) 733-5083,extension 510. Sincerely, 42t.:/leu 40/z4:4,,Pde, Dina Sprinkle NPDES Unit cc: CENTRAL FILES . t'1ca_c es .gtn ± 1:< e/Surface Water Protection NPDES Unit No e Carolina Aatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper r JJ JG Corning Incorporated t 70}- G9-G+Itt 1 �J 145�G H }'G01 z W connng.com Midland.NC 28107 April 15,2008 Ms.Dina Sprinkle NCDENR/DWQ/Point Source Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Re: Corning Incorporated,Concord Facility NPDES Permit NC0086169 Permit Renewal Dear Ms. Sprinkle, Please fmd the enclosed NPDES permit renewal application for the Coming Incorporated,Optical Fiber Facility, in Midland,NC,Cabarrus County. One signed and two copies are enclosed. Note that this facility had been in a mothball status for nearly 5 years(no production). The NPDES permit was maintained in an active state. In the fall of 2007,the facility began limited operations. As such,some data in the application is from a limited data set,and some is historical information. At this time,flow is intermittent and water samples are taken when water flow is available. Production may or may not continue to ramp. Business conditions will dictate the level of production. Please note that there is Confidential Business Information enclosed. We are requesting that this information be treated as such, since this information has competitive value. Please contact Rodney Morgan at(704)569-7209 if there are any questions. Sincerely, Scot M.Lachowicz Plant Manager cc: DWQ Regional Supervisor 610 East Center Avenue, Suite 301 Mooresville,NC 28115 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number NC000086169 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise,please print or type. 1. Contact Information: Owner Name Corning Incorporated Facility Name Corning Incorporated Mailing Address 14556 Hwy 601 City Midland State / Zip Code 28107 Telephone Number (704-569-6300) Fax Number (704)569-7182 e-mail Address morganra@corning.com 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County Cabarrus 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Corning Incorporated Mailing Address 14556 Hwy 601 South City Midland State / Zip Code NC 28107 Telephone Number (704)569-6310 Fax Number (704)569-7182 Page 1 of 4 C-MI 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ 5. Standard Industrial Classification (SIC) code(s): 3229 6. Number of employees: 100 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. The effluent air stream of the chemical vapor deposition process is controlled via wet scrubbers. The resultant water effluent is treated via basic nutralization. Weak acid or Sodium hydroxide is introduced to maintain pH between 6.0 and 9.0 standard units. The neutralizations system is capable of handling 14gpm with 211 ppm of suspended solids ranging from pH 1-14. As the solids loading decreases, the volume flow capacity of the system increases. S. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: Optical Fiber Principal raw material(s) consumed: Silica and Halides Briefly describe the manufacturing process(es): Page 2 of 4 C-MI 03/05 pr NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Raw Materials are combined in a process called outside vapor deposition. The resultantant product is ultra pure glass which is then drawn and coated to produce optical fiber used in telecommunications. • 10. Amount of principal product produced or raw material consumed (List specific amounts consumed and/or units of production over the last three years) Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed (AVERAGE) (PEAK) per Day Confidential - See Attachment Confidential- See Attachment per Month Confidential- See Attachment Confidential - See Attachment per Year Confidential- See Attachment Confidential - See Attachment 11. Frequency of discharge: Continuous ❑ Intermittent El If intermittent: Days per week discharge occurs: Currently 2-3 days biweekly, expected to increase as production increases Duration: 24-48 hours 12. Types of wastewater discharged to surface waters only Discharge Flow (GALLONS PER DAY) Sanitary- monthly average 44,640 Utility water, etc. - monthly average 191,520 Process water- monthly average 141,120 Stormwater-monthly average Page 3 of 4 C-MI 03/05 pr NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Other-monthly average Explain: Monthly Average 377,280 total discharge (all types) 13. Number of separate discharge points: 3 Outfall Identification number(s) 001, 002, 003 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): OF 001 Tributary to Muddy Creek, OF2 Tributary to Clear Creek, OF 003 Rocky River 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab samples,for all other parameters 24-hour composite sampling shall be used.If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Monthly Units of Maximum Average Measurement Biochemical Oxygen Demand (BOD5) N/A N/A N/A Chemical Oxygen Demand (COD) N/A N/A N/A Total Organic Carbon N/A N/A N/A Total Suspended Solids 16 6.9 mg/1 Ammonia as N N/A N/A N/A Temperature (Summer) No data yet No data yet No data yet Temperature (Winter) 28.6 25.6 Celsius pH 7.8 SU Fecal Coliform (If sanitary waste is N/A N/A N/A present) Total Residual Chlorine (if chlorine is <20 <20 uG/L used) Page 4 of 4 C-MI 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 16. List all permits,construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable) Type Permit Number Type Permit Number Hazardous Waste (RCRA) NCR000007856 NESHAPS (CAA) N/A UIC (SDWA) N/A Ocean Dumping (MPRSA) N/A NPDES NC0086 169 Dredge or fill (Section 404 or CWA) N/A PSD (CAA) N/A Other Title V Air-08436 Non-attainment program (CAA) N/A 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) GE Water-Spectrus OX1200 GE Water-Foamtrol AF2290 GE Water-Depositrol PY5200 GE Water-Spectrus BD 1550 GE Water-Dianodic DN310 GE Water-Spectrus NX1100 GE Water- Optiguard MCP601 GE Water-Control IS104See Attachment Material is used for corrosion, scale, foam, and algae control in cooling towers and boilers. 18. Is this facility located on Indian country? (check one) Yes ❑ No El 19. Applicant Certification 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. Scot M. Lachowicz Plant Manager Printed name of Person Signing Title Signature of Applic Date Page 5 of 4 C-MI 03/05 pry NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. North Carolina General Statute 143-215.6 (b)(2) provides that: Any person 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 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 $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than$25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 6 of 4 C-MI 03/05 Confidential Business Information Corning Incorporated 14556 Highway 601 Midland,NC 28107 Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed (AVERAGE) (PEAK) per Day 48,000 LBS 60,000 LBS per Month 1,440,000 LBS 1,800,000 LBS per Year 17,000,000 LBS 21,500,000 LBS O WA7 Michael F.Easley,Governor • 0 6 William G.Ross Jr.,Secretary 0 r North Carolina Department of Environment and Natural Resources O • Coleen H.Sullins,Director Division of Water Quality August 27,2008 Mr. Scot M. Lachowicz 14556 Hwy-601 Midland,NC 28107 Subject: Draft NPDES Permit Permit NC0086169 Coming Inc.WWTP Cabarrus County Dear Mr.Lachowicz: - - • - Enclosed with this letter is a draft NPDES permit for the Coming Incorporated WWTP. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains no significant change from your current,permit. At this time,the Division is submitting a notice to the newspapers of general circulation in Cabarrus County, inviting comments from you or your representative,the public and other agencies on the draft permit. The notice should be published on or about August 27, 2008.Please submit any comments to me no later than October 3, 2008. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you,this permit will likely be issued in October,with an effective date of December 1,2008. If you have any questions or comments concerning this draft permit,you may contact me at the telephone number(919)807-6405 Sincerely, Agyeman du-Poku Environmental Engineer Western NPDES Program cc: NPDES Unit - 00 esvill. - Bona"1 O:Ffic S'. rface Water Protection Section Auk „77 t . s, 7 AUG 2 8 2008 NC DENR MR0 DWQ-Surface Wafer Protection • No thCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)807-6405 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)807-6495 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper ' . NC0086169 STATE OF NORTH CAROLINA . . . DEPARTMENT OF.ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 I and-ad'qpted by itfieTNorth ruayaffia--.7Eri*iiii-m—CTftars Management Commission, and the Federal Water Pollntio Control Act, as amended; .:, • ...,, . . ,...,,: . : ' 'I..: ,?.:::,, -Yt. .,:',',' • ---.:‘is.,fk.:':, i, . . ••-. ', •.:'-,,:'. , .'.,,,,;', Corning Incorporated ' 2 ,',•:: ..,';',,I ::.':', 3,--2';-. '•;, '=••, '-'-' ,,,. 1 iY-- -'' ' ',, :-'- -.'.''',. • '•7'1 '',,,'.- , •.`','.;',. - `.:::,''';:•'• is hereby authorized:to d scliE.r e'WateWate and ko water frOM'a'faciii`y located at ' '' ' ',=•'1' - ' , • ' =I ''. A ':''''''''''' ''' c) . • : ',. '.:•-':',' :' :, - orning Incorporated: .':":, U.S. 1017#Y 09 :: ;‘,'._‘', -'.'',. '-':`,:L Midland •,,,,.,\ tabaiiiiireiimty „, ' 4. , . . 1 , ' • , to receiving wa e dêignatedis an unnamed tributary too-Miiddy Creek (ouffdlr 001), an unnamed tributary to Clear Creek (outfall 002) and the Rocky River (outfall 003) in the Yadlcii-Pep Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on October 31, 2013. Signed this day DRAFT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission NC0086169 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit tii-eiits, terms, and previsions-included herein. CORNING INCORPORATED IS HEREBY AUTHORIZED TO: 1. Continue operation of a 0.107 MGD wastewater treatment facility (outfall 003) located at the Corning Incorporated Midland Plant off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility consists of the following treatment units: • Equalization tank • Off-spec tank • Two Lamella clarifier • Two neutralization tanks • Neutralization transfer tank • Chloride stabilization tank • Surge blend tank 2. After receiving Authorization to Construct from the Division of Water Quality, construct and operate facilities for the discharge of up to 0.142 MGD through outfall 003; and ' 3. Discharge stormwater, boiler blowdown, and non-contact cooling water from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002); discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 — See Part I, Section A, Number 8 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges, for monitoring requirements); and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the attached map into the Rocky River(Outfall 003). All receiving streams are classified C waters in the Yadkin-Pee Dee River basin. - ) _,. -----*Y), cik, ��CVVVfff t r' .' yr .-..-_-,...,.--..'....-,......„,.._.1 , ,'_ .-,.0,,- ; 2i,204 , ',YIV, . ,� . ..-• f p .r ...........M0........, -"..... ;,,,,,..--p..7.;,,,, ,,,,,Ilif !If_- - !r i ell, r.s ti' fili, s I • , e 1 u-11&---)111 = 11)1(97i)4 --.' ,° JIMPARY1-'7 . A_ f-'a' Outfall 001 , 1P...0. .P w ' ,416-5—r' •r:)0);0 l % 4- Latitude:/,35°1 35',0 'c.)2r ia0.4 7/Li .-.. '\ %,,,.4‘'4 i, •v , . Longitude: 80°31'15" 0 - -_, •0 •.6 ' 11 r.._.._.._., i( ' • ' , 6 aj-P nP%n .. • { 1p f / e J } } / r Strip l A 0 '-''' .•' ., yr ' I Lt, Z7AR )1 ,,' • ;' 'I 0 t • . - O 1�77- °, 11,. �4 27 Outfall 003 �; ( 1`soo- $ Latitude: 35°12'30" IN �I . y�' o f _.r, 0\ i Longitude: 80°29'49" ,;;,,'� r ' • now , k , \., i -,' \ ■t--r I,0: ji N'..„,\• . 1 , ei, (-: c\.\\• a �' ti o Cw ��. o' 11 Outfall 002 1 �\ 1 _ , 1 o ° " ! •• _ . '" O --: n p t I! Latitude: 35 12 34 o-__ ) f -•\ Longitude: 80°31'31" ( r, / • ` �'_i_'i` ";0 : . - re:.1:71,/,.• , t ...,„", f. • _ --MITit I ' : i - . ,--- - ,,f, / / ."4"it, _telil , .. i -,, (r--N e \ (I _,if : C/ * I. : , ,i l // i _ ,,----, A i w .\ — . If_ - ' • i or' F"".':a: : .:r 44 _ : ; ;;reek ' • It . y 002-UT to Clear Creek � n ;.fir /�. j `.L,•';o r.\ .n____ .11 003-Rocky River Corning Incorporated - NC0086169 Facility Location USGS Quad Name: Waco Receiving Stream: See above Stream Class: c Subbasin: Yadkin=030712 North Not to SCALE i NC0086169 Part I. Section A 1. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(002) During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall serial number 002 — Stormwater, Humidification Boiler Blowdown, and Non-Contact Cooling Water. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristic`s Limits 3 r=Monitoring Requirements s , � 's'4 ag y, YL s 4 r&g , �,�, i t',,-,€ - Vki� ���5 ,r`4"�� � �'r.: ar�� +x r��- s���t-n .Fa -� � x� e* �ap ,.�, � ¢sa-: "� .� .� ;2-x E ` .,�, ` €€ .r+4'- t'r I ash 4 -'.` + r r.�.t: } a c a _t i. + .# -s., t � IontlalyAyerageF€ Daily. ierage lgeasurement� + � Sample Sample ' �S<"� `' ttr�. s�•qr, S w w'dr+x; 'eY s^ �,rr' t -,x ,t sas �'..k ai aS' -` kcz. ``.,�wk � X�',`,^, .�,rI aC Ski a'U° . r:.�.�.. g-46'>k; '.,�,'.g51,a„ !...rr_'.'.,,":�.t, + •. + 4 5{-. O, ttT Fr qu Flow Semi-annually Estimate Effluent Temperature2 Semi-annually Giab Effluent Total residual chlorine Semi-annually Grab Effluent pH Between 6.0 and 9.0 Standard Units Effluent Notes: 17-The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2. The temperature of the effluent will be regulated so that the temperature of iihe receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety (90) day prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. Conditions related to the stormwater portion of this outfall can be found in Part I, Section A, Number 8 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges. SEE PART I,SECTION A,NUMBER 9-ANNUAL SHUTDOWN PROCEDURES CONDITION. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NC0086169 2. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.107) During the period beginning on the effective date of the permit and lasting until expansion beyond 0.107 MGD or permit expiration, the Permittee is authorized to discharge from outfall serial number 003 —Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics4 fi'� Limits 1 'Monitor`ing Requirements < Effluent a :. i ,.,} . *1+ate^. ..' ;-. : i ,'�# "'rt j m, ?, r -'-' r E .r u ,„ it , y A" g ` Daily Average` Measurement Sample � ., Sample � "`Mo�th1 Avera Pm �'k`"' " 'a.rAp t ' x i.��- , a 'a ' tira"� f*,,' ,. ray +sd R 41 a- s z '''''''''''''iv''''''''' '' xt' f'*w "`"„".z' s' '. , '' . . : ,M . 1 ' ' Frequency Type. Location',Ufa Flow 0.107 MGD Continuous Estimate Effluent' Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature2 Weekly Grab Effluent pH Between 6.0 and 9.0 Standard Units Weekly Grab Effluent Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grab Effluent Total Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Pollutant Analysis See Part I,Section A,Number 6 of this permit Effluent Notes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky - River discharge location: 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. Chronic Toxicity (Ceriodaphnia) at 1.0%; January, April, July and October; See Part I, Section A, Number 4. SEE PART I,SECTION A, NUMBER 9-ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NC0086169 3. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.142) During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 003 - Industrial process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below. I r',;.3,a ,. 2`" n- 'l p T 2s { M V- rF"'}}k�"<` §wr kk'Y �^�' L �"`2} 'w 3! �`' 5E �v..ee} . k .. Effluent Charactel Isti 5 a y a r y a-' ' �1TI'—'"-0 t g .' �``3'd I,r :�,4 Un1tOr1, �eQuIYC,--,,A a r a'',,tktS: - -, ----- G"s. ,,z��,Fv r,* t_,„z £" , Y c "3.-. a r,, 'L,f 4 ems. # a Z= ,tom. k \ n - �„'fr}�st y K' z'' t $'i ':ec`� '� S3,,,,Q Sa�,t. C i �"r!v5`r-, a �,:kp,-r r= f r y,,. s e r y 5.�*x'' ; 'a .s bi`€,``Ss l 1,,,•a-.1 ts' r ;.�3t xc � s€ , c-, M1�,.,t #E k—.., 1 s; 4: -^rll +1e , "„ -; t, *.�, :�' x7�� r ,,ft, , Monthly Average` ce .Daily Average F Measurement Sampler , L „ Sample ',~? " "�4.,'.,� ..K` ,�,i4i,s4t?k '''d % s�.kS`'�' 2 F4�€s�`t, " G9 a ^,,a� z` .yt y n ¢i-,uw.t a k '�`i,.£ 'a.. _ ti�,. A "ah- �' ``ti, of x 9,1 ''" :1?w v .� , 41.7 x', ''3 ,'" ,4. .++ GAY 3',w ,4z-` s� ,"` .:�'reque-,-,, 3F .§Type `} '""?Loc tion 1 ? - , ...+.., ..?.r .., sue ,7. ,-''.'a. t..,4.L .N_fw �:x ii. .:, ..t` �*, . .�y3.'�-s.5 c.'..r . :r,y-e. �r, x'";"su3;. Y..€.„ ., .. Flow 0.142 MGD Continuous Estimate Effluent' Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature2 Weekly. Grab Effluent pH • Between 6.0 and 9.0 Standard Units Weekly Grab Effluent Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grdb Effluent Total Zinc Quarterly Grdb Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Pollutant Analysis See Part I,Section A,Number 6 of this permit Effluent Notes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. - 3. Chronic Toxicity (Ceriodaphnia) at 1.7%; January, April, July and October; See Part I, Section A, Number 5. SEE PART I,SECTION A,NUMBER 9-ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NC0086169 4. CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY TEST AT 0.107 MGD). The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.0%. The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined in the"North Carnlina Cerriodophnio Chronic Effluent Bioassay Procedure," Revisid_Fpb-minty 1. .Q8, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April,July, October. Effluent sampling for this testing shall be performed at the NPDES permitted fmal effluent discharge below all treatment processes. - If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in"North Carolina Phase-II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition.of"detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code.TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the, following address: Attention: NC DENR/ DWQ /Environmental Sciences Section 1621 Mail Service Center - Raleigh, North Carolina 27699-1621 Completed Aquatic.Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. . Test data 'shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NC0086169 • 5. CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY TEST AT 0.142 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction orsignificant mortality to Ceriodaphnia dubia at an effluent concentration of 1.7%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised Fehniary 199' nr subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April,July, October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. • If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two,following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of"detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge - Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/ DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than:30_ days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured"and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at - the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. _ NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control'organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. . NCOO86169' • 6. POLLUTANT ANALYSIS CONDITION The Permittee shall conduct a test for pollutants once per permit cycle at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed using EPA approved methods for the following analytic ff actions. (a) purgeables(i.e.,volatile organic compounds); (b) acid extractables;' (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; (e) herbicides;and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to,as the "Pollutant Analysis Monitoring Requirement" (PAM). 2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable, base/neutral extractable, and acid extractable fractions (or fewer-than 10 if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the"10 significant peaks rule"). • 7. BIOLOGICAL MONITORING CONDITION After completion of the expansion to_0.142 MGD, the Permittee shall conduct an upstream and downstream benthic macroinvertebrate survey. This survey should be conducted between the months of June and September. A report of the survey's findings shall be included with the next permit renewal application after the expansion is completed. For technical assistance regarding this-permit requirement, please contact the Division's Biological Assessment Unit at(919) 733-6946. 8. STORMWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date 'of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled, limited and monitored as specified below. • 1. Stormwater Pollution Prevention Plans The permittee shall develop and continue to update a Stormwater Pollution Prevention Plan, herein after ' - -- referred to as the Plan. The Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E.10. of this permit.. The Plan shall include, at a minimum, the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant - - sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: NC0086169 (1) A general location map (USGS quadrangle map, or appropriately drafted equivalent map), showing the•facility's location in relation to transportation"routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges. If the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge must be shown. (2) A narrative description of storage practices. loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map (or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and non-structural measures.' The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials. and processes to stormwater. Wherever practicable the permittee should consider covering storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, .the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) - A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments.and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous. materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. __ • (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. NC0086169• • c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. _ d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel(or team)responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants via-a-point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section.B.11.) to the-Director that the changes have been made. h. Facility.Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September - November) and once during the spring (April -June). The inspection and any subsequent maintenance activities.performed shall be documented, recording date and time of inspection,. individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in. Part II, Section A.2. shall be performed in addition to facility inspections. - i. Implementation Implementation of the Plan shall include documentation -of all monitoring, measurements, inspections, maintenance activities and training provided to employees, including the log of the sampling data. .Activities taken to implement BMPs associated with the industrial activities, including vehicle-maintenance activities,must also be recorded. All required documentation shall be kept on-site for_a period of five years and made available to the Director or his authorized representative immediately upon request. • • 2: Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the.effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required. Visual . monitoring of stormwater outfalls does not need to be performed during a representative storm event. - • NC0086169 x r ✓ r psi > �, a :� a x ¢ �.y w 7�y� • '�, , 9x✓�`t `` , wM011ltOrnlg� �a �Onitor171g '�r'.f;. Stormwater,Discharge g.,a s-e. v. im.. _..d ,. .• C, ara cterstcs< eln p . Zsocation 2, 5 n y _ a 3 Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of stormwater pollution Semi-annual Visual SDO 1 Frequency:.The first visual monitoring event during the term of the permit must be performed - during the initial analytical monitoring event. All. subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall(SDO—effluent at outfalls 001 and 002). STORMWATER DEFINITIONS 1. Best Management Practices (BMPs) Schedules of activities, prohibitions of.practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 2. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground - storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 3. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 4. Runoff Coefficient - The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt ' - or other surface upon which it falls that will appear at the conveyance as runoff. 5. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. NC0086169 • 6. Section 313 Water Priority Chemical • A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA) of 1986, also titled the Emergency Planning and Community Right-to- Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 7. Significant Materials • Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 8. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10.and CFR 117.21) or section -102 of CERCLA (Ref: 40 CFR 302.4). . 9. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 10. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total-flow calculated based on the size of the area draining to the outfall, the amount of the built-upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring.during the sampling period. 11. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin, which can be seen with the unaided eye. 9. ANNUAL SHUTDOWN PROCEDURES CONDITION On an annual basis, the permittee is permitted to discharge up to 250,000 gallons of non-contact cooling water and flush water, from the two cooling tower basins, through Outfall 002. The semi-annual monitoring associated with outfall 002 shall coincide with this event. Corning Incorporated shall develop a HVAC ,Cooling Tower Shutdown Procedure consistent with Betz-Dearborn recommendations. The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers will not be flushed at the same time. This procedure shall be kept on site and available for review by Division staff upon request. Additionally,the time and duration for the discharge of non-contact cooling water through outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge and available for review by the Division upon request. • • - DENR/DWQ . FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0086169 Applicant/Facility Namez „, . Corning, Incorporated—Midland Facility • ,Applicant 1'ddress'a, ., P.O. Box 1700, Concord, NC 28026-1700 - ' 14: 6 Highway 601 Sualli Permitted:••F,low . :e: .t:...., 0.107 MGD and 0.142 MGD' Type',of„W.a e. , .q .`= 100%Industrial Taacilty/Permit:Status , ,; Renewal County `...,r,,. ._', '�. .�,. .� Cabamis • • Receiving Stream "; UT Muddy Creek Regional Office a Mooresville (001),UT Clear F { s� Creek(002), , Rocky River(003) ...x»r• �.,.€.� Stie`amClassificaton :.: C ;USGS TopozQuad,,, g0 G16NE/G17NW 303(d).Listed?6 >`, ,;'„ , ,:m* No Permit U titer ; .,.,r Agyeman Adu-Poku Sze =li sin'_ ` .,.'. . ... ., _ .-3, 03-07-12 . :1),atei.A ... ,r...;.,,. 4..,..: 8/14/08 Drainage Aiea(mil).'. . _ NA ASummer 7Q10 (cfs)MORPAN 30 Winter.7Q,l<0(cfs) , j, NA x r'` Aver'age Flow(cfs).r „,..4,.: _,., :: NA • IWCj°lo ;"a• 1.8 (at 0.142 • ri • k v MGD) • Pruiiary SIC Code .fe ,:a .. '' 3229 THIS FACILITY HAS BEEN MOTHBALLED. AS SUCH, THIS PERMIT RENEWAL IS A • SIMPLE ROLLOVER OF THE PREVIOUSLY ISSUED •PERMIT AND ALL SUBSEQUENTLY ISSUED MODIFICATIONS. • • SUMMARY OF FACILITY AND WASTELOAD ALLOCATION : Coming Incorporated manufactures optical fibers at its Midland facility in Cabarrus County. The facility originally received its National Pollutant Discharge Elimination System (NPDES) permit in 1998. Startup - began late that, year. The facility:was issued a renewed NPDES permit on March 31', 2004, which - • included an expanded flow to 0.142 MGD for the outfall 003. Wastewater generated includes sanitary wastewater, non-contact cooling wastewater,process wastewater, . stormwater, filter backwash water and boiler blowdown. Currently, sanitary wastewater is treated off-site at the Muddy Creek Wastewater Treatment Plant. Wastewaters other than.sanitary.are treated and . • discharge through one of three outfalls as summarized below. - - • Outfall 001 This discharge is comprised of 100% stormwater, collected in a stormwater retention pond. The receiving - stream is an unnamed tributary of Muddy Creek. Currently, no effluent limitations and monitoring page. is contained within the permit for this outfall, though stormwater controls are required. Part I, Section A, - • • Number 8-of the permit addresses stormwater discharges and applicable monitoring requirements: • - Outfall002. - - This discharge is comprised of stormwater, non-contact cooling water, and humidification boiler blowdown :'Wastewater is collected in a wet detention pond prior to discharge into an unnamed tributary • • ofClear"'Creek. Effluent limitations and monitoring have been applied and stormwater controls are " required. • Outfall 003 Corning Fact Sheet - - - .NPDES Renewal - - Page 1 • This discharge is comprised of industrial process wastewater, non-contact cooling water, and carbon filter backwash water. These wastewaters are neutralized and treated using a solids removal unit prior discharge into the Rocky River. TOXICITY TESTING: Current Requirement: Chronic P/F @ 1.0%at 0.107 MGD using Ceriodaphnia Proposed Requirement: Chronic P/F @ 1.7%at 0.142 MGD using Ceriodaphnia The above IWCs were calculated using a flow equal to the sum of the permitted flow at outfall 003 and the non-contact cooling water contribution. This facility has passed all toxicity tests since startup. COMPLIANCE SUMMARY: The facility has been in compliance with its NPDES Permit. INSTREAM MONITORING: A benthic macroinvertebrate study was required in the original permit. That permit required the facility to complete a benthic survey during.the summer of 1999. The study was completed in August and submitted to the Division for review. Dave Lenat of the Environmental Sciences Branch reviewed the study and provided the writer with comments. His conclusions were in agreement with the study results, which indicated no biological impact from this discharge. As the discharge will be expanding, the benthic survey requirement will be included with this renewal, and' should be completed upon completion of expansion, should such expansion take place. PROPOSED CHANGES: None PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: August 27, 2008 - Permit Scheduled to Issue: October 20,2008 STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Agyeman Adu-Poku at(919) 807-6405 ! Q NaAM : q 9�C/V�1L 'f l��(e� DATE: 0/ �1 REGIONAL OFFICE COMMENT: NAME: DATE: . Coming Fact Sheet NPDES Renewal Page 2 • F WATF9 • O �O G Michael F.Eas y, Governor William G.Ross,Jr..Secretary -{ North Carolina Department of Environment and Natural Resources Alan W.Klimek, P.E.,Director . Division of Water Quality DIVISION OF WATER QUALITY April 19, 2004 Mr. Michael Hannan, Site Manager Corning Incorporated P.O. Box 1700 Concord, NC 28026-1700 Subject: NPDES Permit No. NC0086169 Midland Facility Cabarrus County, NC Dear Mr. Hannan: • Our records indicate that NPDES Permit No.NC0086169 was issued on March 31, 2004 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 are Pages 4, 5 and 6. Pages 4, 5 and 6 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the-forms,please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be1 paid in a timely manner so as to prevent enforcement action or possible 21 i�vv�alivii of you, Id Regional Office,919 North Main Street,Mooresville, NC 28115 NCDENR PHONE (704)663-1699 Customer Service FAX (704)663-6040 1 800 623-7748 .. '. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the-operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent(SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as • the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:INPDESLTR.WQ O� \N47 Michael F.Easley,Governor State of North Carolina O 77* William G.Ross,Jr.,Secretary r Department of Environment and Natural Resources t.M.127 -I Alan W.Klimek,P.E., Director Alt) Division of Water Quality March 31, 2004 Mr. Michael D. Hannan, Site Manager Corning Incorporated P.O. Box 1700 Concord, North Carolina 28026-1700 Subject: NPDES Permit Issuance Permit NC0086169 Midland Facility Cabarrus County Dear. Mr. Hannan: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143- 215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Compliance with all terms and conditions of the attached permit is the responsibility of the Permittee. Please note that T15A 08G .0204 of the North Carolina Administrative Code has been interpreted to mean that the Operator in Responsible Charge is responsible for operation of water pollution control systems. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Mark McIntire of my staff at (919) 733-5083, extension 508. Sincerely, ORIGINAL SIGNED BY"-' • Mark McIntire _ . Alan W. Klimek, P.E. ' - '• cc: Central Files I 9 2034 NPDES Unit Files APR (NMor-eville Regional Office d Aquatic Toxicology Unit • 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1 61 7 -TELEPHONE 919-733-5083/FAX 919-733-0719 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES ':' 01,:314:1_0 :'.. j,11', ,1..., ): J,,,,A '.-. ' NC0086169 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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, Corning Incorporated is hereby authorized to discharge wastewater and stormwater from a facility located at Corning Incorporated U.S. Highway 601 Midland Cabarrus County to receiving waters designated as an unnamed tributary to Muddy Creek (outfall 001), an unnamed tributary to Clear Creek (outfall 002) and the Rocky River (outfall 003) in the Yadkin-Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective May 1, 2004. This permit and the authorization to discharge shall expire at midnight on October 31, 2008. Signed this day March 31, 2004. ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission NC0086169 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. CORNING INCORPORATED IS HEREBY AUTHORIZED TO: 1. Continue operation of a 0.107 MGD wastewater treatment facility (outfall 003) located at the Corning Incorporated Midland Plant off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility consists of the following treatment units: • Equalisation tank • Off-spec tank • Two Lamella clarifier • Two neutralization tanks • Neutralization transfer tank • Chloride stabilization tank • Surge blend tank 2. After receiving Authorization to Construct from the Division of Water Quality, construct and operate facilities for the discharge of up to 0.142 MGD through outfall 003; and 3. Discharge stormwater, boiler blowdown, and non-contact cooling water from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002); discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 -See A. (8.) Stormwater Monitoring, Controls and Limitations for Permitted Discharges, for monitoring requirements); and discharge process wastewater, cooling tower blowdown, and carbon .filter backwash from the above • referenced treatment works at the location specified on the attached map into the Rocky River (Outfall 003). All receiving streams are classified C waters in the Yadkin-Pee Dee River basin. sPW �vl(/Ga / `' \ f ••r 4_.i.,l/(cc..-.'iI),_' 1 Ie'. e.�' ; "'` ...; ,g r�i�' 41 J `-',}0 - ' r ,-. _ .:..3.� w �„Sd� ■ il (( `, _ �.'' lrb?'�+?' +tom„? S 4 k1�' '� Sa + s j f-1 e -iii .)__1. - i- f i o f/ r��f • 7.A. ,.r, fir✓fi _ l i . 1 2-\---:: -I'j :.--'4. 4 ( �_ ---'4` - • Outfall 001 r\ V ilf5:•4611.-___--�` , rr'', ,`� • Latitude: 35°13'02" `.•;; 1 S / ✓(s ti. Z T •V t Longitude: 80°31'15" ,/ <._,1 '•1\ ' I:\ - ____,-;-_-:„, N--- „..., (,,.., ,, ,, _,,__ ,,,, 7.,,-)j c___...„.ti ,i......„ I 1 Li =--- - . '; 41 )1 ' __.2 ( ,___i v-N t, ,( ,/ ,,,i c f) cp., ,, . \ .iii„,., Ael/ ry, r-- ( , ___ 01 ) rr, _./ (2 21( f \./A-7-1‘ \ V)/ , r.,,A ''''----) •: ("-"( ) i -rdny.\ 7 4; \,1\`‘.. , Th_f ir \,/,„4/f .../.\/--\, ) •/ Ai • -� / \•. U 6 --L---\ - • •• ' zr ,z),,,,..„ ,,,i -0 ) / Oily 45;\ y• ' \' ./\ ,.J? ---- .`i , ' 4 Iv 0,I y dp-,.0 1. .._ --,----. \ T4JNj /% 4i./1 . .,....J ,.. . C) �l • j .c____.__. 4, , ,,,,-- ,. — k -1- / 2.. ..( t ,1 (a 7,..LI. �, LAL i -1 11:,-,(Np07• )., ,\ '• 1 `c . . , , JJ „-.\o: �, /�.._' ( �} ?7 Outfall 003 17 - � l 500- ) t$ ". ,S fr {' \\ Latitude: 35°12'10" , j 1( . (.0 ,i1!.r— ( . —i 1 , r`' 7 - 4 Longitude: 80 29 49" \ ''i ;y r I\ \\� 43- rya I �� • •> /�( ,, , . --d 7 s t (�� ` `� `A l lit outfall 002 • +,r f ( „, �J ; 1I �, •• 1 Q'\. r Latitude: 35°12'34" � '! _4 3.. . ju ��\\ �i �. ' Longitude: 80 31'31' _ / ' i• 0 •T - - • /• J + J► --- o fo I j fp/0 ctV-7-GA) ) 1 ;TY 1 // K) • i - ; //i' \ cy. ' \ = --'%i9/ /, 7-'-'keer{i' _ ', ' Q i : i. .1, i, r„,:, „ft(f_,0- —.i,..„,r-//r/ \? 1,,,, \it/I fic\ ,,,,:_s_ it 'ir,,,..ht..0 \r, ,:______ ---'43,y /i 1 / cii\\--ipq;, 6 (211500 /,,,...,‘,..,zf,_,,-,--\ ''��` ``-��� r 1: •41;, j \ •. `; ) • / s ue:`. .-''4, ;.�` l� .� �� � ; a`,� • . 0 i 1 ,7 rl • Q \ ,, ,I Receiving Streams B• •J ,� - ` L!' 001 -UT to Muddy Creek '' �� \ ( �, ` ��•� ) — 002-UT to Clear Creek Iy) y. �, r f ` `�/,It �� 003-Rocky River r ) �,Y i ! a\. _ •,.ram/ 4 • .. ) P. o f L, n Corning Incorporated - NC0086169 Facility ' USGS Quad Name: Waco Location ��, 4' ,/s Receiving Stream: See above Stream Class: C Subbasin: Yadkin-030712 forth Not to SCALE NC0086169 Part I. Section A 1. EFFLUENT LINIITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall serial number 002 - Stormwater and Humidification . Boiler Blowdown. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits Monitoring Requirements w. A Monthly Average Daily Average l ensurement Sample Sample Frequency* T Ise Loeatac�n�l? Flow Semi-annually Estimate Effluent Temperature2 Semi-annually Grab Effluent Total residual chlorine Semi-annually Grab Effluent pH Between 6.0 and 9.0 Standard Units Effluent Notes: e effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. Conditions related to the stormwater portion of this outfall can be found in A. (8.) Stormwater Monitoring, Controls and Limitations for Permitted Discharges. SEE SPECIAL CONDITION A. (9.) ANNUAL SHUTDOWN PROCEDURES CONDITION. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NCOOS6169 2. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.107) During the period beginning on the effective date of the permit and lasting until expansion beyond 0.107 MGD or permit expiration, the Permittee is authorized to discharge from outfall serial number 003 - Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent.Characteristics Limits Monitorin :Requirements _ Monthly Average Daily AverageMeasure nent := Sam ple Sample Frequency ` Type. ... ' Locattan Flow 0.107 MGD Continuous Estimate Effluents Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature2 Weekly Grab Effluent pH Between 6.0 and 9.0 Standard Units Weekly Grab Effluent Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grab Effluent Total Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Pollutant Analysis See A.(6)of this permit Effluent Notes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. Chronic Toxicity (Ceriodaphnia) at 1.0%; January, April, July and October (see A. (4.)). SEE SPECIAL CONDITION A. (9.) ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NC0086169 3. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.142) During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 003 - Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics I units Momtnraug kequirements 1Vlonthly Average Daily Average - .prg`Uremertt Sample Sample Frealuecy �y ape U1 Flow 0.142 MGD Continuous Estimate Effluent Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature2 Weekly Grab Effluent pH Between 6.0 and 9.0 Standard Units Weekly Grab Effluent Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grab Effluent Total Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Pollutant Analysis See A.(6)of this permit Effluent Notes: e compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. Chronic Toxicity (Ceriodaphnia) at 1.7%; January, April, July and October (see A. (5.)). SEE SPECIAL CONDITION A. (9.)ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. • NC0086169 4. CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY TEST AT 0.107 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.0%. The permit holder shall perform at a minimum, quarterlq monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April,July, October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/ DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. • NC0086169 5. CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY TEST AT 0.142 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.7%. The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April, July, October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: • Attention: NC DENR/ DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NC0086169, -6. POLLUTANT ANALYSIS CONDITION The Permittee shall conduct a test for pollutants once per permit cycle at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed using EPA approved methods for the following analytic fractions: (a) purgeables (i.e.,volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; (e) herbicides; and (i) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the"Pollutant Analysis Monitoring Requirement" (PAM). 2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable, base/neutral extractable, and acid extractable fractions (or fewer than 10 if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the"10 significant peaks rule"). 7. BIOLOGICAL MONITORING CONDITION After completion of the expansion to 0.142 MGD, the Permittee shall conduct an upstream and downstream benthic macroinvertebrate survey. This survey should be conducted between the months of June and September. A report of the survey's findings shall be included with the next permit renewal application after the expansion is completed. For technical assistance regarding this permit requirement, please contact the Division's Biological Assessment Unit at(919) 733-6946. 8. STORMWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution Prevention Plans The permittee shall develop and continue to update a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E.10. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: NC0086169 (1) A general location map (USGS quadrangle map, or appropriately drafted equivalent map), --- showing the facility's location in relation to transportation routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges. If the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge must be shown. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map (or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and non-structural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention,where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. NC0086169 c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B.11.) to the Director that the changes have been made. h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September - November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part II, Section A.2. shall be performed in addition to facility inspections. i. Implementation: Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities and training provided to employees, including the log of the sampling data. Activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities, must also be recorded. All required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. NC0086169 Monitoring Manttanng Stormwater Discharge Characteristics Frequency Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of stormwater pollution Semi-annual Visual SDO 1 Frequency:The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO—effluent at outfalls 001 and 002). STORMWATER DEFINITIONS 1. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 2. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 3. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 4. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 5. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. NC0086169, • 6. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-to- Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 7. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 8. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA(Ref: 40 CFR 302.4). 9. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 10. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built-upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 11. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin,which can be seen with the unaided eye. 9. ANNUAL SHUTDOWN PROCEDURES CONDITION On an annual basis, the permittee is permitted to discharge up to 250,000 gallons of non-contact cooling water and flush water, from the two cooling tower basins, through Outfall 002. The semi-annual monitoring associated with outfall 002 shall coincide with this event. Corning Incorporated shall develop a HVAC Cooling Tower Shutdown Procedure consistent with Betz-Dearborn recommendations. The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers will not be flushed at the same time. This procedure shall be kept on site and available for review by Division staff upon request. Additionally, the time and duration for the discharge of non-contact cooling water through outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge and available for review by the Division upon request. • NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS • Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or"the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by:continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. • (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a.series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totili7er, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above,influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest"daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean,values of"0" (or"< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. • Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. 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 denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301,302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301,302, 306,307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a • negligent violation, a person shall be subject to criminal penalties of•not more than $50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knowinth violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301,302, 303, 306,307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be.assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each.day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate • The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be.construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be • temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does,not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances,is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing;or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities,provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of.a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification,Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: > Visit the facility at least weekly • > Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: > Visit the facility at least daily,excluding weekends and holidays • Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 8G.0204. • Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: > Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] • The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). • c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated;and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4)The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilised/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilisation/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — - Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records • 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted • by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting • Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein, shall be submitted to the following address: NC DENR/Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 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 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge • of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 • NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported.under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it.failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of.a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators, compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. • Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. • 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 • USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 • NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the planes treatment capacity,nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant 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 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (I mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant 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 which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter(1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 • • NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. • PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an-indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. ' Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW,and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant,including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 NPDES Permit Requirements Page 14 of 16 • Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively,revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey(IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,Section D,and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. • 5. Industrial User Pretreatment Permits (IUP) &Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users,permits for . operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits • shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 • NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct(A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection&Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users,compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit- limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR/DWQ /Pretreatment Unit • 1617 Mail Service Center Raleigh,NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs)in Significant Non-Compliance (SNC); b.) Pretreatment Program Summary(PPS) A pretreatment program summary(PPS) on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Version 6/20/2003 • NPDES Permit Requirements Page 16of16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list • shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs • Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. • Version 6/20/2003 C� F Michael F.Easley,Governor . , , QG State of North Carolina t co DEIST.Or,PRIRranllaai Jr.,Secretary De a �t on a•. t. url Resources p iV� � �El bit:MESV L!.r ' Al ,��LI tg E., Director r. Diision of Water Quality February 4, 2004 FEB 0 6 200 4 Mr. Michael D. Hannan, Site Manager Corning Incorporated P.O. Box 1700 Concord, North Carolina 28026-1700 WA P :s ` ! 1 �� I ' Subject:TDraft=NPDES=Perrriit) Permit NC0086169 Midland Facility Cabarrus County Dear Mr. Hannan: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The attached draft permit incorporates the various modifications issued since the previous permit renewal and continues to reflect the mothballed status of this facility Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in late March, with an effective date of May 1, 2004. If you have any comments, questions, or concerns regarding this draft permit, call me at (919) 733-5083, extension 508. Sincerely, Mark D. McIntire, P.E. NPDES Unit enclosures cc: NPDES Unit Moz�resviTIFRegionarOffice /Water Quality Section (draft permit, fact sheet) Aquatic Toxicology Unit (draft permit) 1 61 7 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1 61 7-TELEPHONE 91 9-733-5083/FAX 91 9-733-071 9 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES NC0086169 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 Wpromulgated -and ;:'adopted by a the°:•kNorth Carolina Environmental; Management Commission, and the"Federal Water Pollution Control Aet, as amended 'Corning Incorporated is hereby authorized to discharge wastewater and stormwater from a-facility located'at i £ 'Corning Incorporated U.S H ghway 601: Midland } Cabarrus County to receiving waters designated as an unnamed tributary to'Muddy Creek (outfall 001), an unnamed tributary to Clear Creek (outfall-002) and the mRocky Riverµ'(outfall 003) in the-Yadkin-Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on October 31, 2008. • Signed this day DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission • ? NC0086169 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. CORNING INCORPORATED IS HEREBY AUTHORIZED TO: 1. Continue operation of a 0.107 MGD wastewater treatment facility (outfall 003) located at the Corning Incorporated Midland Plant off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility consists of the following treatment units: • Equalization tank • Off-spec tank • Two Lamella clarifier • Two neutralization tanks • Neutralization transfer tank • Chloride stabilization tank • Surge blend tank 2. After receiving Authorization to Construct from the Division of Water Quality, construct and operate facilities for the discharge of up to 0.142 MGD through outfall 003; and 3. Discharge stormwater, boiler blowdown, and non-contact cooling water from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002); discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 - See Part I, Section A, Number 8 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges, for monitoring requirements); and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the attached map into the Rocky River (Outfall 003). All receiving streams are classified C waters in the Yadkin-Pee Dee River basin. • - -� J were ;.•AY�k1 .q i ry s�+`.__is, .. 3 F� ''''? ' .) -A-----T:rilic,. f'40 1- --j r t k / 7.„..-- ..,,--••,, f,... . c,....1 _ ,., S.) \ NJ �_-- •� �� J 1._ T' _T I J .l ii,-.I �f:01 f ..� ..5.'r••-C,JI 1 l/ : -' °~•` J/ h 7 `/)A :ate2;• - \NJ �,y „,.. t 56/b ' `�I • �1 •5 /.. ll:...._:• --—_`'i _. - Outfall 001 t ,, � `►.sl C �a-1;t. .. - tads: 35°13'02" �f { ��1`t\Latitude: 1, ' �� •v • i ( Longitude: 80°31'15" JJ ,'/ n �' •c 1, ` ' . ' 1) / r-'.�, / ff _ ti ,,, ,.3 jig 3 i /. ,�,, r = /; chi (j 1 ) �;` =:, S2 (trbl 2` J '' `.! A. �` ;Mtn ,;'��:�J 1•: ,-,- .-- ,' ' j \ I) i.\\...,./_$ t ✓ '' �' V �`. ' �Z�` h O. /\0 1 .11 AL ' '.M iii,4,t)'' , •',.:* .• .‘, , \ r1: ! C - ,- :C 1 , ", ' o 4. ?7 Outfall 003 ii- V - . A.,.0' :soo- fl `› .,,e,,r_7; . ) ,,$,' 1 d \4\ Latitude 35°12'10.. I'fI\ \- i .�. �g f i i- A3' L,J ,l ' _: \ Longitude: 80°29'49" ) .. i` . • r 1,(7---- ,•-s ) , • vo. .._-4,-„/ 3i,,r 4. \•<)-\,...._ ,:. , i rl,tk \ cA,.. -,,\ ,\'')‘„, \ C 1 Outfall 002 r' 1 , \\ /� ' \' -`/1 0 N Latitude: 35°12'34" /• ` .�,�w • ..., C\ •`- -r/�f, ���\ �I,-- '\ Longitude: 80°31'31.. ) /> i' l�. ,�,� L/ 1 T � f j l ` 't J re. J -.--,.f✓ Oer : i, / rL 7- \ .^•\ � 1•c:11,1 7/ `� ` �,o � . , (i . 4,,ip ai-.. , cs i , A ' : "((y.D.D) N, _...1 ry , ,\ ‘,.__k \y//i 7,.,,,,_,, pf-E „, —.1, ."-•.---......_ -4, c4 1. • / ..1.\\ _ ), ,/(,, t....-- ‘,.\'',,,v ( A. f,_, , / //if- 7 A. 1/a . i.7" : 9).'---Q"-/---' -- -''''''<"-f( -\ )--'' '' \---- s Zs' ' '''-i'"'I( y c) '".':?�`� '' •' )) '„GNJ 4 i J. r'):;i`s, f:-\ �, Receiving Streams s) ,, r \B; 1. '=�11-'c°�ti -�1 ' `) G_; 001-UT to Muddy.Creek l ._ `--�, I t l { ��1/j ) , 1�-. 002-UT to Clear Creek r i �� `. 11 Jb �.r�J ! ` j i f �, r:.'�..1 003-Rocky.River I'. Corning Incorporated - NC0086169 Facility ''' Location 6-, :.,- ' . ', /- USGS Quad Name:Waco Receiving Stream: See above Stream Class: C Subbasin: Yadkin-030712 l f orth Not to SCALE • NC0086169 Part I. Section A 1. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall serial number 002 - Stormwater, Humidification Boiler Blowdown, and Non-Contact Cooling Water. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics i units .Mon torintt Requirements Monthly Average Daily Average Measurement Sample Sample Fregriency, Typ Location Flow Semi-annually Estimate Effluent Temperature2 Semi-annually Grab Effluent Total residual chlorine Semi-annually Grab Effluent pH Between 6.0 and 9.0 Standard Units Effluent Notes: -1Fhe effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. The permittee shall obtain authorization from the Division prior to the use of biocide"in the cooling water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. Conditions related to the stormwater portion of this outfall can be found in Part I, Section A, Number 8 - Stormwater Monitoring, Controls and Limitations for Permitted Discharges. SEE PART I, SECTION A, NUMBER 9 -ANNUAL SHUTDOWN PROCEDURES CONDITION. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NC0086169 2. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.107) During the period beginning on the effective date of the permit and lasting until expansion beyond 0.107 MGD or permit expiration, the Permittee is authorized to discharge from outfall serial number 003 - Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Character`i5hes Limits ,. lUlonitorin Reituirements Monthly.Average Daily Average Measurement Sample Sample`. Frequency Type honl Flow 0.107 MGD Continuous Estimate Effluent' _ Total Residual Chlorine 28 pg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature2 Weekly Grab Effluent pH Between 6.0 and 9.0 Standard Units Weekly Grab Effluent Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grab Effluent Total Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity] Quarterly Composite Effluent Pollutant Analysis See Part I, Section A,Number 6 of this permit Effluent Notes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. Chronic Toxicity (Ceriodaphnia) at 1.0%; January, April, July and October; See Part I, Section A, Number 4. SEE PART I, SECTION A, NUMBER 9 -ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NC0086169 3. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 AT 0.142) During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 003 — Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits Monitoring Requirements: lYlonthl Avera a Dail,Avera a Measurement Sain le Sara le �'requencY„_' TYPe . .. . Locat oni;, , Flow 0.142 MGD Continuous Estimate Effluent1 Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature Weekly Grab Effluent _ pH Between 6.0 and 9.0 Standard Units Weekly Grab Effluent _ Total Cadmium Quarterly Grab Effluent Total Copper Quarterly Grab Effluent Total Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent Pollutant Analysis See Part I, Section A,Number 6 of this permit Effluent Notes: 1• The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. Chronic Toxicity (Ceriodaphnia) at 1.7%; January, April, July and October; See Part I, Section A, Number 5. SEE PART I, SECTION A, NUMBER 9 -ANNUAL SHUTDOWN PROCEDURES CONDITION THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NC0086169 ' 4. CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY TEST AT 0.107 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.0%. The permit holder shall perform at a minimum, quarter1q monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April, July, October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/ DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NC0086169 5. CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY TEST AT 0.142 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.7%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April,July, October.Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/ DWQ./ Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting periodior which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. - Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NC0086169 ' 6. POLLUTANT ANALYSIS CONDITION The Permittee shall conduct a test for pollutants once per permit cycle at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; (e) herbicides; and (I) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo describes the sampling and analysis-requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Pollutant Analysis Monitoring Requirement" (PAM). 2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable, base/neutral extractable, and acid extractable fractions (or fewer than 10 if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule"). 7. BIOLOGICAL MONITORING CONDITION After completion of the expansion to 0.142 MGD, the Permittee shall conduct an upstream and downstream benthic macroinvertebrate survey. This survey should be conducted between the months of June and September. A report of the survey's findings shall be included with the next permit renewal application after the expansion is completed. For technical assistance regarding this permit requirement, please contact the Division's Biological Assessment Unit at (919) 733-6946. 8. STORMWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution Prevention Plans The permittee shall develop and continue to update a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E.10. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: „ NC0086169 L' (1) A general location map (USGS quadrangle map, or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges. If the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge must be shown. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map (or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and non-structural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. NCOO86169 ' c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B.11.) to the Director that the changes have been made. h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September - November) and once during the spring (April -June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part II, Section A.2. shall be performed in addition to facility inspections. i. Implementation: Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities and training provided to employees, including the log of the sampling data. Activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities, must also be recorded. All required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. 'I NC0086169 Monit oring Monitoring" .5tarmwater Dis har e Characteristics Frcqu ncy1 „ . Typ 2 L ocatioin .,.: Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of stormwater pollution Semi-annual Visual SDO 1 Frequency:The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO—effluent at outfalls 001 and 002). STORMWATER DEFINITIONS 1. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 2. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 3. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 4. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 5. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. t NCOO86169 6. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-to- Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 7. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 8. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 9. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 10. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built-upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 11. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin, which can be seen with the unaided eye. 9. ANNUAL SHUTDOWN PROCEDURES CONDITION On an annual basis, the permittee is permitted to discharge up to 250,000 gallons of non-contact cooling water and flush water, from the two cooling tower basins, through Outfall 002. The semi-annual monitoring associated with outfall 002 shall coincide with this event. Corning Incorporated shall develop a HVAC Cooling Tower Shutdown Procedure consistent with Betz-Dearborn recommendations. The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers will not be flushed at the same time. This procedure shall be kept on site and available for review by Division staff upon request. Additionally, the time and duration for the discharge of non-contact cooling water through outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge and available for review by the Division upon request. .I . DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0086169 Faelhty Information Applicant/Facility,Name: Corning, Incorporated-Midland Facility Applicant Address P.O. Box 1700, Concord, NC 28026-1700 Facility Address: 14556 Highway 601 South Permitted:Flow : 0.107 MGD and 0.142 MGD Type°.of.Waste: 100%Industrial Facility/Permit Status , Renewal County. :__ Cabarrus• Miscellaneous Receiving Stream UT Muddy Creek Regional.Offce " ' Mooresville • (001), UT Clear Creek (002), • Rocky River(003) Stream Classification:. C USGSTopo Quad: G16NE/G17NW 303(d) Listed No Permit Writer Mark McIntire Sub basiri 03-07-12 Date; February 3, 2004 •Drainage NA Summer 7Q 10.(cfs) 30N Winter 7Q10 (cfs) NA Average Flow(Cfs) NA ' ;✓ IWC (%o): '. 1.8 (at 0.142 z atZ MGD) Primary SIC Code:: 3229 THIS FACILITY HAS BEEN MOTHBALLED. AS SUCH, THIS PERMIT RENEWAL IS A SIMPLE ROLLOVER OF THE PREVIOUSLY ISSUED PERMIT AND ALL SUBSEQUENTLY ISSUED MODIFICATIONS. SUMMARY OF FACILITY AND WASTELOAD ALLOCATION Corning Incorporated manufactures optical fibers at its Midland facility in Cabarrus County. The facility originally received its National Pollutant Discharge Elimination System (NPDES) permit in 1998. Startup began late that year. The facility was issued a renewed NPDES permit on April 14, 2001, which included an expanded flow to 0.107 MGD. On December 19, 2000, the Division of Water Quality received a request for modification to the. NPDES Permit, specifically, the facility requested a flow expansion from 0.107 MGD to 0.142 MGD. Wastewater generated includes sanitary wastewater, non-contact cooling wastewater, process wastewater, stormwater, filter backwash water and boiler blowdown. Currently, sanitary wastewater is treated off-site at the Muddy Creek Wastewater Treatment Plant. Wastewaters other than sanitary are treated and discharge through one of three outfalls as summarized below. Outfall 001 This discharge is comprised of 100% stormwater, collected in a stormwater retention pond. The receiving stream is an unnamed tributary of Muddy Creek. Currently, no effluent limitations and monitoring page is contained within the permit for this outfall, though stormwater controls are required. Part I, Section A, Number 8 of the permit addresses stormwater discharges and applicable monitoring requirements. Outfall 002 This discharge is comprised of stormwater, non-contact cooling water, and humidification boiler blowdown. Wastewater is collected in a wet detention pond prior to discharge into an unnamed tributary of Clear Creek. Effluent limitations and monitoring have been applied and stormwater controls are required. Outfall 003 This discharge is comprised of industrial process wastewater, non-contact cooling water, and carbon filter backwash water. These wastewaters are neutralized and treated using a solids removal unit prior discharge into the Rocky River. (:'orni.ig actSheol: NPDES S Renewal i':E? I — TOXICITY TESTING: Current Requirement: Chronic P/F @ 1.0% at 0.107 MGD using Ceriodaphnia Proposed Requirement: Chronic P/F @ 1.7% at 0.142 MGD using Ceriodaphnia The above IWCs were calculated using a flow equal to the sum of the permitted flow at outfall 003 and the non-contact cooling water contribution. This facility has passed all-toxicity tests since startup. COMPLIANCE SUMMARY: The facility has been in compliance with its NPDES Permit. INSTREAM MONITORING: A benthic macroinvertebrate study was required in the original permit. That permit required the facility to complete a benthic survey during the summer of 1999. The study was completed in August and submitted to the Division for review. Dave Lenat of the Environmental Sciences Branch-reviewed the study and provided the writer with comments. His conclusions were in agreement with the study results, which indicated no biological impact from this discharge. As the discharge will be expanding, the benthic survey requirement will be included with this renewal, and should be completed upon completion of expansion, should such expansion take place. PROPOSED CHANGES: None PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: February 11, 2004 Permit Scheduled to Issue: March 29, 2004 STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Mark McIntire at(919) 733-5038 ext. 508. NAME: DATE: REGIONAL OFFICE COMMENT: NAME: DATE: Corl:;lt=Fact Sheet t 4:PI.)ES Renewal Page 2 SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section t. - - Date: June 18, 2003 NPDES STAFF REPORT AND RECOMMENDATIONS County: Cabarrus NPDES Permit No.: NC0086169 MRO No.: 03-013 PART I- GENERAL INFORMATION 1. Facility and address: Corning, Inc. - Post Office Box 1700 Concord, N.C. 28026-1700 2. Date of investigation: June 17, 2003 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Michael Hannan, (704) 569-6000. 5. Directions to site: From the jct. of Hwy. 601 and Hwy. 24-27 in the Town of Midland in southern Cabarrus County, travel south on Hwy. 601 2.65 miles. The Corning plant is located on the right (west) side of Hwy. 601. 6. Discharge point(s), list for all discharge points: - outfall 001 outfall 002 outfall 003 Latitude: 35° 13' 02" Latitude: 35° 12' 34" Latitude: 35° 12' _30" Longitude: 80° 31' 15" Longitude:. 80° 31' 31" Longitude: 80° 29' 49" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 16 NE 7. Site size and expansion area consistent with application: Yes. There is sufficient area available for the construction of any additional treatment units, if necessary. 8. Topography (relationship to flood plain included): Relatively flat, 2-4% slopes. The plant site is not located in a flood plain. 9. Location of nearest dwelling: Approx. 500+ feet from the WWTP site. • Page Two 10. Receiving stream or affected surface waters: U.T. to Muddy Creek (outfall 001), U.T. to Clear Creek (outfall 002), Rocky River (outfall 003). a. Classification: C (for all outfalls) b. River Basin and Subbasin No.: Yadkin 030712 c. Describe receiving stream features and pertinent downstream uses: A small amount of flow was noted at the discharge locations for outfalls 001 and 002, which typically is a dry ditch. Excellent flow observed in the Rocky River at discharge outfall 003. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater in MG per operating day: 0.191520 MGD (outfalls 001 & 002) 0.141120 MGD (outfall 003) 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 pH adjustment and flocculation f. Description of proposed WWT facilities: There are no WWT facilities proposed at this time. • g. Possible toxic impacts to surface waters: A biocide is added to the waste stream at outfall 003 (Spectrus OX107). Chlorides are also present in the waste stream at outfall 003. 2. Residual handling and utilization/disposal scheme: Residuals disposal, if necessary, will be accomplished by placing the-residuals (after neutralization) in metal containers and transporting them as non-hazardous waste to a private landfill. 3. Treatment Plant Classification: Class I (no change from previous rating) 4. SIC Code(s): 3229 Wastewater Code(s): 78 MTU Code(s): 510102 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 pending receipt of the WLA. Page Three • 3. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative analysis evaluation a. Spray Irrigation: Generally poor soils in the vicinity of the plant site. Insufficient area available for the construction of a spray irrigation WWT system. b. Connect to regional sewer system: Corning discharges all domestic wastewater into the Water and Sewer Authority of Cabarrus County's Muddy Creek WWTP. There is, however, insufficient capacity at the Muddy Creek WWTP to accept all of Corning's waste streams. c. Subsurface: Insufficient area, poor soils. PART IV - EVALUATION AND RECOMMENDATIONS Corning, Inc. requests the reissuance of an NPDES Permit for the discharge of both process water and non-contact cooling water from a facility located southern Cabarrus County. The Corning facility is currently closed (mothballed) as a result of poor economic conditions. There is no timetable as to when the facility might reopen. The process water discharge (outfall 003) contains the following sources of wastewater: 1. Blowdown from pollution abatement equipment. 2. Water softener from area floor drains. 3. Water softener blowdown. 4. Cooling tower blowdown. 5. Some stormwater. The two (2) cooling water outfalls (001 & 002) leave the site only after passing through a • wet detention basin. During periods of infrequent rainfall these basins may hold little, if any water. However, during wet-weather, these basins may hold substantial quantities of water, which will be made up primarily of stormwater. Most of the site's stormwater has been channeled around the detention basins, however, there will still be a considerable quantity of that enters the basins either directly or indirectly. Pending receipt and approval of the WLA, it is recommended that the NPDES Permit be reissued as requested. Signature of Report reparer Date Water Qual• gional Supervisor Date h:\dsr\dsr03\c orning2.dsr • State of North Carolina Department of Environment c." ri and Natural Resources �� f Division of Water Quality �� t3 . r Michael F. Easley, Governor . gai Ptk .1 e wE William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director NORT !CAROLII DERARTM EN1 OF ENVIRON .ENT AND NATURAL RESOURCES:' 'February 28, 2003 MAR 1 ® 2003 Mr. Michael Hannan Corning Incorporated POBox 1700 Co JClG �G�a Q 9 n Concord,North Carolina 28026 1700 JCI � 1 f Subject: NPDES Permit Renewal Application Permit NC0086169 Fiber Optic Facility Cabarrus County Dear Mr.Hannan: The NPDES Unit received your permit renewal application on February 5, 2003. Thank you for submitting this package.The renewal request did not include a sludge management plan. Please submit 3 copies of your sludge management plan for this facility. The permit renewal cannot be completed without this information. The permit renewal for this facility will be assigned to Mark McIntire. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0086169 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit,please contact Mark McIntire at(919)733-5083, extension 508. Sincerely, Valery Stephens Point Source Branch cc:i1VI,�'veSvx!IIeR gional Office,Water Quality Section NPDES File Central Files 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 520 (fax)919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Valery.Stephens@ncmail.net NMES PERMIT APPLICATION - SHORT FORM C - For manufacturing or commercial facilities with a discharge<1 MGD (or WTPs) C. pp artment of Environment and Natural Resources Division of Water Quality/NPDES Unit e ^ • -' ti0 1,617 Mail Service Center, Raleigh, NC 27699-1617 \\\\\ North Caro!in:a(N`PIES Permit Number NC0086169 y Please print or type 1. \ Apalit\`actfacilify producing discharge f>K Name Corning Incorporated B. Mailing address of applicant: Street address PO Box 1700 City Concord County Cabarrus State North Carolina Zip Code 28026-1700 Telephone Number (704)569-6000 Fax Number (704)569-6275 e-mail address hannanmd@corning.com C. Location of facility: Contact Person Michael D. Hannan Street 14556 Highway 601 South City Midland County Cabarrus State North Carolina Zip Code 28107 Telephone Number (704)569-7531 2. Standard Industrial Classification (SIC)code(s):3229 • 3. Number of employees: 650 4. Principal product(s) produced: Optical Fiber Principal raw material(s) consumed: Silica and Halides 5. Principal process(es): Chemical Vapor Deposition 6. Amount of principal product produced (or raw material consumed) (List specific amounts consumed and/or units of production) Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed (AVERAGE) (PEAK) per Day r CO A'f rATCPi`Ntf=NT per Month tee A -lam CWRiziligEfAIIPMBSgEaA + A 'AIM NT per Year 7. Check here if discharge occurs all year X or Circle the month(s) in which discharge occurs: January February March April May June July August September October November December Page 1 of 2 Version-11/2000 r • NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) Days per week discharge occurs: 7 NOTE:If the facility has separate discharge points(outfalls)or multiple industrial processes,include a schematic diagram of wastewater flow at the facility. 8. Types of wastewater discharged to surface waters only(check as applicable). Discharge per operating day Flow Volume treated before discharging (GALLONS PER OPERATING DAY) (PERCENT) Sanitary-daily average 44,640 0% Cooling water,etc.-daily average 191,520 0% Process water-daily average 141,120 100% Maximum per operating day for 377,280 37% total discharge (all types) 9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the amount(s) discharged below: A. Municipal sewer system 44,640 gpd B. Underground well 0 gpd C. Septic tank 0 gpd D. Evaporation lagoon or pond 191,520 gpd E. Other, specify N/A gpd 10. Number of separate discharge points: 3 11. Name of receiving stream(s): Outfall 001 —tributary Muddy Creek, Outfall 002—tributary Clear Creeks Outfall 003—Rocky River 12. 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? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel oil and grease phenols selenium zinc None of the above 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. W. M. Kenan Plant Manger Printed name of Person Signing Title Signature 1Cti�-� 7 0 ci 2 of Applicant Date North Carolina General Statute 143-215.6B(i)provides that Any person 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 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. Page 2 of 2 Version-11/2000 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) (18 U.S.C.Section 1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5 years,or both,for a similar offense.) CORNING INCORPORATED, CONCORD PLANT ATTACHMENT(TO FILED AS CONFIDENTIAL INFORMATION) (List specific amounts consumed and/or units of production) Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed AVERAGE) (PEAK) per Day titi-7(S00=`LBS> per Month vi n 000-L'~-3r ,0811)W)0o-L S per Year 1t UUOT000=LBS—-- • . ,_.Q0:000=LBar ittilitterfROPRIETMO Page 3 of 2 Version—11/2000 i pr 1I • I SANITARY SEWER I i 1 I,, STEANI ., (LOMDNN To OUTFALL OSNIS2 - EWANORATION1 I I I 1 i 1 EYAP RATIONI I EVaPpMaT(QN1 • 1 POTRELE WATER I I STORAGE TEWASTEWATER ALL COM Al EYAPQRATIONI (( part WATER M 1. EYAPOMTION I FIRE R FOR 1FIE ATE USES KY F �, IFE MIER STORAGE i EYAPD ATICRI 1STOM WATER . OUTFACE O ARA • CUTFALL O5111211 CORNING CORNING INCORPORATED OPTICAL FIBER DIVISION PROPRIETARY s. 'CORIUM TITLE ®Washington SCHEMATIC OF WATER 1rFIRtmeg Dm o. OESCIEPTION .�,.a, Ai...a_.e FLOW COolioct 78960.001 CORNING INCORPORATED °"10M 1" JOE"°""O1 CABARRUS COUNTY f �` 1T, U.IOOOC • . _ w►cc01n CONCORD III PROJECT -- uB,ATTEO to CONCORD, N.C. .DATE 1Ill-N 11mi Aopt ORAWINO NLleER - - 'cm FO.I is .r1e11s.- 17911- Cif-IRA -A atural Resources � • Division of Water Quality Michael F. Easley, Governor imuR William G. Ross, Jr., Secretary a ;. R Alan W. Klim k, P.E., Director December 13,2002 Yjtj CSC 1 2002 Ms. sty L.Hannan Corning Incorporated P.O.Box 1700 Concord,North.Carolina 28026-1700 ;. 04 Subject: Modification of NPDES Permit NC0086169 Midland.Plant Caban-us County Dear Ms.Hannon: Division personnel have reviewed and approved your request for modification of the subject permit. Accordingly,we are forwarding this revised NPDES permit. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated May 9, 1994(or as subsequently amended). The Supplement to Permit Cover Sheet and Condition A(1) have been modified to accommodate the discharge of non- contact cooling water through outfall 002. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings (6714 Mail Service Center,Raleigh,North Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Mark McIntire at telephone number(919)733-5083,extension 508. Sincerely, an W.Klimek,PE cc: fMooresvilleRegonal-Office/ ate r_QualitySecton Point Source Compliance Enforcement Unit Aquatic Toxicology Unit Central Files NPDES Files 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617-TELEPHONE 919-733-5083/FAX 919-733-0719 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER- 50%RECYCLED/ 1 0%POSTrCONSUMER PAPER VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES SUPPLEMENT TO PERMIT COVER SHEET Corning Incorporated is hereby authorized to: 1. Continue operation of a 0.107 MGD wastewater treatment facility (outfall 003) located at the Corning Incorporated Midland Plant off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility consists of the following treatment units: • Equalisation tank • Off-spec tank • Two Lamella clarifier • Two neutralization tanks • Neutralization transfer tank • Chloride stabilization tank • Surge blend tank 2. After receiving Authorization to Construct from the Division of Water Quality, construct and operate facilities for the discharge of up to 0.142 MGD through outfall 003; and 3. Discharge stormwater,boiler blowdown,and non-contact.cooling water from a wet detention pond into an unnamed tributary of Clear Creek(outfall 002); discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek(Outfall 001 - See A. (8.) Stormwater Monitoring, Controls and Limitations for Permitted Discharges,for monitoring requirements); and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the.attached map into the Rocky River(Outfall 003). All receiving streams are classified C waters in the Yadkin-Pee Dee River basin. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall serial number 002 — Stormwater, Humidification Boiler Blowdown, and Non- Contact Cooling Water. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Character sfics, Limits Monitoring`Requirements Monthly Daily Measurement Sanpte Sanpie Location. Average Average Frequency • Type' Flow Semi-annually Estimate Effluent Temperature` Semi-annually Grab Effluent Total residual chlorine Semi-annually Grab Effluent Footnotes: 1• The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. See Special Condition A. (9.)Annual Shutdown Procedures Condition. The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety(90) days prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Conditions related to the stormwater portion of this outfall can be found in A. (8) Stormwater Monitoring, Controls and Limitations for Permitted Discharges. State of North Carolina Department of Environment moo, - 6 a= . and Natural Resources 1 • • Division of Water Quality AUG 2 2 2002• ` , Michael F. Easley, Governor ,NcDENIR s .' William G. Ross, Jr., Secretary a `AI n W. Klimek, Director\.)1) r WATER LITY August 12,2002 Ms.Christy L.Hannan SECTION Coming Incorporated P.O.Box 1700 Concord,North Carolina 28026-1700 Subject: Modification of NPDES Permit NC0086169 Midland Plant Cabarrus County Dear Ms.Hannon: Division personnel have reviewed and approved your request for modification of the subject permit. Accordingly,we are forwarding this revised NPDES permit. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated May 9,1994(or as subsequently amended). The monitoring frequency for zinc,cadmium,and copper has been reduced to quarterly as a result of a reasonable potential analysis. This analysis indicates that effluent from your facility shows no reasonable potential to violated North Carolina's water quality criteria. If any parts,measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings (6714 Mail Service Center,Raleigh,North Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding. Please note that this permit is not transferable except after notice to ,the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Michael Myers at telephone number(919)733-5083,extension 508. Sincerely, ��� ' (rot' W.Klimek,P.E. cc st_,E,,,sf .'S,b,.ev,r. fl..( (1.i.i ,t,t. arp K[C y;,r.,1t.:w [ 3.,.N.. Point Source Compliance Enforcement Unit Technical Assistance&Certification Unit Aquatic Toxicology Unit I Central Files NPDES Files 1617 MAIL SERVICE CENTER, RALEIGH,NORTH CAROLINA 27699-1617-TELEPHONE 919-733-5083/FAX 919-733-0719 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER- 50%RECYCLED/ 1 0%POST-CONSUMER PAPER VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES STATE OF NORTH CAROLINA Permit NC0086169 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Corning Incorporated is hereby authorized to discharge wastewater and stormwater from a facility located at Corning Incorporated U.S. Highway 601 Midland Cabarrus County to receiving waters designated as an unnamed tributary of Muddy Creek (outfall 001), an unnamed tributary of Clear Creek (outfall 002) and the Rocky River (outfall 003) in the Yadkin-Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, 1V, V and VI hereof. The permit shall become effective September 1, 2002. This permit and the authorization to discharge shall expire at midnight on October 31, 2003. Signed this day August 13, 2002. • 4e--)-‘-/`11--MJ an W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0086169 SUPPLEMENT TO PERMIT COVER SHEET Corning Incorporated is hereby authorized to: 1. Continue to operate a 0.0274 MGD wastewater treatment facility (outfall 003) consisting of an equalization tank, an off-spec tank, a Lamella clarifier, two neutralisation tanks and a neutralization transfer tank located at a facility located off of Highway 601 in Midland, Cabarrus County; 2. After receiving Authorization to Construct from the Division of Water Quality, construct and operate facilities for the discharge of up to 0.107 MGD through outfall 003; and 3. Discharge stormwater and boiler blowdown from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002), discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 - See Part II, Section A for monitoring requirements), and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the attached map into the Rocky River (Outfall 003). All receiving streams are classified C waters in the Yadkin-Pee Dee River basin. Permit NC0086169 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT During the period beginning on the effective date of this permit and lasting until expansion beyond 0.107 MGD, the Permittee is authorized to discharge from outfall serial number 003-Industrial Process Wastewater, Non- contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics -3 i Limits Monitoring Requirements ;' - r- Mo tthly Average ! Daily Average Measurement Sample Type Sample Location1 Flow 0.107 MGD Continuous Estimate Effluent' Total Residual Chlorine 28 µg/L 2/Week Grab • Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature(°C)2 Weekly Grab Effluent pH3 Weekly Grab Effluent Cadmium Quarterly Grab Effluent Copper Quarterly Grab Effluent Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity' Quarterly Composite Effluent Pollutant Analysis5 5 5 Effluent Notes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. - 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.80C above natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. , 4. Chronic Toxicity (Ceriodaphnia) at'1.0%; January, April, July and October (see A. (4.)). 5. See A. (6.) Pollutant Analysis Condition. See Special Condition A. (9.) Annual Shutdown Procedures Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. Definitions: ' MGD-Million gallons per day µg/L-Micrograms per liter mg/L-Milligrams per liter J Permit NC0086169 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT During the period beginning upon expansion beyond 0.107-MGD and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 003-Industrial Process Wastewater, Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits ! Monitoring"Requirements Mon thly Average Daily Average Measurement Sample Type Sample Location1- Frequency Flow 0.142 MGD Continuous Estimate Effluent1 Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature(2C)2 Weekly Grab Effluent pH3 Weekly Grab Effluent Cadmium Quarterly Grab Effluent Copper Quarterly Grab Effluent Zinc Quarterly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity4 Quarterly Composite Effluent Pollutant Analysis5 5 5 Effluent Notes: 6. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 7. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.80C above natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 8. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 9. Chronic Toxicity (Ceriodaphnia) at 1.0%; January, April, July and October (see A. (4.)). 10. See A. (6.) Pollutant Analysis Condition. See Special Condition A. (9.) Annual Shutdown Procedures Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. Definitions: MGD -Million gallons per day µg/L-Micrograms per liter mg/L-Milligrams per liter , Mei) tate of North Carolina Department of EnvironmentA7111Y11rit and Natural Resources �, Division of Water Quality AsillamiMmiaft Michael F. Easley, Governor i1 4.E34. William G. Ross, Jr., Secretary 'f ' F � Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT O . 'Al ENVIRONMENT AND NATURAL RESOURCES November 5,2001 Ms.Christy L.Hannan NOV 0 8 2001 Coming Incorporated Post Office Box 1700 Concord,North Carolina 28026 Subject: Authorization to Co truce; - ATC No.086169A01(forrrierly=086,169ACC) NPDES Permit No.NC0086169 Concord Waveguide Plant Cabarrus County Dear Ms.Hannan: The Division of Water Quality's NPDES Unit has reviewed your request for an Authorization to Construct at the above referenced facility. The Division finds the proposed improvements to be satisfactory and hereby grants authorization for the following: • Construction of a 60,000 gallon Saleable Acid tank; • Construction of a 10,000 gallon Reject Acid tank; • Modifications to the existing 3,000 gallon effluent lift station; • • Modification to existing process pump; • • Installation of all piping, valves, and appurtenances as illustrated on the attached approved design documents. This Authorization to Construct is issued in accordance with NPDES Permit No. NC0086169, issued on October 31, 2001, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the terms and conditions of the permit. The Permittee shall notify the Water Quality Supervisor of the Mooresville Regional Office, telephone number (704) 663- 1699, at least forty-eight(48)hours prior to operation of the installed,facilities, so that an in-place inspection can be made. Notification shall be made during the normal office hours of 8:00 a.m.until 5:00 p.m.,Monday through Friday.. Engineer's Certification Upon completion of construction and prior to operation of the modified facility,the Permittee shall provide the Division with a certification(copy enclosed)from a professional engineer registered in North Carolina certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct, and the approved plans and specifications. The Certification should be submitted to: NCDENR / DWQ, NPDES Unit, 1617 Mail Service Center, Raleigh,North Carolina 27699-1617. Requirements for Certified Operator The 'ermittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities.The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8G, .0200. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays; and must properly manage and document daily operation and maintenance of the facility and comply with all other conditions of Title 15A, Chapter 8G, .0200. Additional Requirements The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit.Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/NPDES orning Inc.-Concord Facility NPDES Permit No. NC0086169 ATC No.086169A01(formerly 086169ACC) Page 2 Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143- 215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules,regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)which have jurisdiction. The Permittee shall maintain a copy of the approved plans and specifications on file for the life of the facility. One (1) copy of the approved plans and specifications is enclosed for your records. If you have any questions about this Authorization to Construct,please contact Michael Myers, at(919)733-5083, extension 508. Sincerely, " L. Gregory J.Thorpe,Ph.D. Acting Director Enclosures: Project Plans and Specifications(approved) Engineer's Certification Form cc: ooresvi'1'le Regio al1Offi.ce, 'dateAQ.ualii y`,1etterio`rilp)1 Technical Assistance and Certification Unit(letter only) Central Files(letter only) NPDES Unit Files(letter and engineer's certification form) on SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Michael Myers Date: July 20, 2001 AUTHORIZATION TO CONSTRUCT NPDES PERMIT REPORT AND RECOMMENDATIONS County: Cabarrus MRO No.: 01-98 ATC No. 086169ACC NPDES Permit No. NC0086169 PART I - GENERAL INFORMATION 1. Facility and Address: Corning, Inc. Post Office Box 1700 Concord,N.C. 28026 2. Date of On-Site Investigation (if conducted): May 14, 1999 3. Report Prepared By: Michael L. Parker, Environmental Engineer II 4. Persons Contacted and Telephone Number: Christie Hannan, (704)569-6268 5. Verified Discharge Point(s), List for All Discharge Points: Outfall 001 Outfall 002 Outfall 003 Latitude: 35° 13' 02" Latitude: 35° 12' 34" Latitude: 35° 12' 30" Longitude: 80° 31' 15" Longitude: 80° 31' 31" Longitude: 80° 29'49" Attach a USGS map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 16 NE 6. Site size and expansion area consistent with application? Yes. 7. Topography (relationship to flood plain included): The site is well removed from any flood plain (2-4% slopes). 8. Location of Nearest Dwelling: 500+ feet from the plant site. PART II -DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Existing Treatment Facility i Page Two outfall 001 outfall 002 outfall 003 a. Current permitted capacity: 0.269 MGD 0.269 MGD 0.036 MGD b. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: 086169ACB issued 5/31/2000 for the construction of a 60,000 gallon chloride stabilization tank, a 21,000 gallon equalization tank with an 8.5 hour holding capacity,two (2) 1,700 gallon neutralization tanks, a 36,000 gallon off-spec tank, a 21,000 gallon surge/blend tank, and two (2) lamella clarifiers for solids separation. c. Actual treatment capacity of the current facility (design volume): See (a.) above. d. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of a 21,000-gallon equalization tank followed by two off-spec tanks (36,000 and 21,000-gallon),two (2) Lamella clarifiers, a 60,000-gallon chloride stabilization tank, four (4) 1,600-gallon pH adjustment tanks, a 10,000-gallon softener regenerate tank, a neutralization transfer tank, 21,000-gallon surge/blend tank,three (3) sludge thickening tanks (575, 5000 and 10000-gallon), an effluent lift station, a 42,000- gallon process effluent tank(for storage of wastewater when quality does not meet permit limits) and flow measurement. 2. Type of Proposed Treatment Facility: The applicant proposes to construct additional WWT facilities consisting of a 60,000 gallon saleable acid tank, a 10,000 gallon reject acid tank, and assorted modifications to the existing process pumps and 3,000 gallon influent lift station. 3. Residuals Handling and Utilization/Disposal Scheme: Residuals disposal (when necessary) is accomplished by placing the residuals in metal containers and transporting them as non- hs7ardous waste to a private landfill owned by WTS Services in Michigan. 4. Treatment Plant Classification: Class II (based on existing treatment units) 5. SIC Code(s): 3229 Wastewater Code(s): 78 Main Treatment Unit Code: 51112 6. Important SOC/JOC or Compliance Schedule Dates: This facility is not currently operating under the terms of an SOC or Permit Compliance Schedule. 9 Page Three PART III -EVALUATION AND RECOMMENDATIONS The applicant, Corning, Inc., has applied for approval to construct the WWT facilities as noted in Part II,No. 2 above as part of an anticipated plant expansion. The components listed above are in addition to the existing WWTP components that are already in-place at the plant. Pending a technical review and approval of the above referenced WWTP additions by P&E, it is recommended that an ATC be issued. (%.47-\/, 1c, .; -7/ ' -, --, . -e-Y a-.1 `(..1/6 #0/ Signature of Report Preparer / Date >1 : ;-).--C,- / Water Qualit-egional Supervisor 7/ Date h:\atc\atcO l\coming.atc . r)t SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Mike Myers Date: May 18, 2001 NPDES STAFF REPORT AND RECOMMENDATIONS County: Cabarrus NPDES Permit No.: NC0086169 (Modification) MRO No.: 01-06 PART I - GENERAL INFORMATION 1. Facility and address: Corning, Inc. Post Office Box 1700 Concord,N.C. 28026-1700 2. Date of.investigation: N/A 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Christie Hannan, (704) 569-6268. 5. Directions to site: From the jct. of Hwy. 601 and Hwy. 24-27 in the Town of Midland in southern Cabarrus County, travel south on Hwy. 601 z 2.65 miles. The Corning plant is located on the right(west) side of Hwy. 601. 6. Discharge point(s), List for all discharge points: - outfall 001 outfall 002 outfall 003 Latitude: 35° 13' 02" 35° 12' 34" 35° 12' 30" Longitude: 80° 31' 15" 80° 31' 31" 80° 29' 49" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 16 NE 7. Site size and expansion area consistent with application: Yes. There is sufficient area available for the construction of any proposed treatment units. 8. Topography (relationship to flood plain included): Relatively flat, 2-4% slopes. The plant site is not located in a flood plain. 9. Location of nearest dwelling: Approx. 500+feet from the WWTP site. Page Two 10. Receiving stream or affected surface waters: U.T. to Muddy Creek (outfall 001), U.T. to Clear Creek (outfall 002), Rocky River (outfall 003). a. Classification: C (for all outfalls) b. River Basin and Subbasin No.: Yadkin 030712 c. Describe receiving stream features and pertinent downstream uses: Little, if any flow noted at the discharge locations for outfalls 001 and 002 (dry ditch). Excellent flow observed in the Rocky River at outfall 003. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: 0.269 MGD (outfalls 001 & 002), 0.147 MGD* (outfall 003) *New flow figure based on current modification request. Outfall 001 contains the following types of wastewater: 1. Stormwater. Outfall 002 contains the following types of wastewater: 1. Stormwater 2. Humidification boiler blowdown Outfall 003 contains the following types of wastewater: 1. Blowdown from pollution abatement equipment. 2. Water softener from area floor drains. 3. Water softener blowdown. 4. Cooling tower blowdown. 5. Some stormwater 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 a 21,000-gallon equalization tank followed by two off- spec tanks (36,000 and 21,000-gallon), two (2) Lamella clarifiers, a 60,000-gallon chloride stabilization tank, four (4) 1,600-gallon pH adjustment tanks, a 10,000- gallon softener regenerate tank, a neutralization transfer tank, 21,000-gallon surge/blend tank, three (3) sludge thickening tanks (575, 5,000 and 10,000- gallon), an effluent lift station, a 42,000-gallon process effluent tank (for storage of wastewater when quality does not meet permit limits) and flow measurement. s. Page Three f. Description of proposed WWT facilities: No additional facilities are proposed. Modification request is for an increase in flow only. g. Possible toxic impacts to surface waters: Chlorides are present in the waste stream. h. Pretreatment Program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: Current residuals disposal scheme involves thickening and storage in a residuals holding tank. The residuals are then pumped into drums where they are transported to Michigan for further treatment, and then landfilled. 3. Treatment plant classification: Class III (based on current treatment processes). 4. SIC Code(s): 3357 Wastewater Code(s): 73, 16 5. MTU Code(s): 51012 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/JOC or Compliance Schedule dates: N/A 4. Alternative analysis evaluation: a. Spray Irrigation: Generally poor soils in the vicinity of the plant site. Insufficient area available for the construction of a spray irrigation WWT system. b. Connect to regional sewer system: Corning currently discharges all domestic wastewater into the Water and Sewer.Authority of Cabarrus County's Muddy Creek WWTP. There is currently insufficient capacity at the Muddy Creek WWTP to accept all of Corning's waste streams. c. Subsurface: Insufficient area, poor soils. Page Four PART IV-EVALUATION AND RECOMMENDATIONS Corning, Inc. requests a modification to the subject NPDES Permit for an increase in the permitted flow at outfall 003. The current permitted flow is 0.107 MGD and Corning requests approval to increase this flow to 0.142 MGD. No additional treatment components are proposed for this.modification. Pending a technical review of this request by the NPDES Unit, it is recommended that the request for an increase in flow at outfall 003 be approved as requested. r /„..)7v(V /274 Signature of Report Preparer Date j-/2--/A/ Water Quality Regi al Supervisor Date h:\dsr\dsrO 1\coming.sr State of North Carolina Department of Environment and Natural Resources A •141FICI�r Division of Water Quality s ic�vt✓f:i:.i. ^F.. Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NOV 0 8 2001 October 31,2001 Ms. Christy L.Hannan Corning Incorporated P.O.Box 1700 t4� a' llaayl .y �� .§: Concord,North Carolina 28026-1700 Subject: Modification of NPDES Permit NC0086169 Midland Plant Cabarrus County Dear Ms.Hannon: Division personnel have reviewed and approved your request for modification of the subject permit. Accordingly,we are forwarding this revised NPDES permit. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated May 9,1994(or as subsequently amended). • Changes to the permit include: > As stated in your previous correspondence,a priority pollutant analysis is required once_per permit cycle. The current permit cycle began on May 1,2000 and ends on October 31,2003. Any pollutant analysis conducted within this time frame is considered within the permit cycle. > The flow limit for flush water in Special Condition A. (9.)has been increased to 250,000 gallons per day. Corning's Annual Shutdown Procedures should include the provision that both cooling towers should not be flushed at the same time. > Special condition A. (7.)has been modified. Biological monitoring may be conducted after completion of the expansion but must be completed prior to submitting the application for renewal of the NPDES permit in 2003. If any parts,measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Michael Myers at telephone number(919) 733-5083,extension 508. Sincerely Original SIg iC� Dal�td Gregory J.Thorpe,Ph.D. Acting Director cc: Mooresville Regional Office/Water Quality—Section d Point Source Compliance Enforcement Unit Technical Assistance&Certification Unit Aquatic Toxicology Unit Central Files • NPDES Files 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 -TELEPHONE 919-733-5083/FAX 919-733-0719 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER- 50%RECYCLED/ 1 0%POST-CONSUMER PAPER VISIT US ON THE INTERNET @ http://h20.enr.state.nc.us/NPDES Permit NC0086169 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, Corning Incorporated is hereby authorized to discharge wastewater from a facility located at the Midland Plant U.S. Highway 601 near Midland Cabarrus County to receiving waters designated as an unnamed tributary of Muddy Creek (outfall 001), an unnamed tributary of Clear Creek (outfall 002) and the Rocky River (outfall 003) in the Yadkin-Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,II, III and IV hereof. This permit shall become effective December 1, 2001. This permit and authorization to discharge shall expire at midnight on October 31,2003. Signed this day October 31, 2001. Original Signed BY David A, Goodrich Gregory J. Thorpe, Ph.D.,Acting Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0086169 SUPPLEMENT TO PERMIT COVER SHEET Corning Incorporated is hereby authorized to: 1. Continue operation of a 0.107 MGD wastewater treatment facility (outfall 003) located at the Corning Incorporated Midland Plant off U.S. Highway 601 near Midland in Cabarrus County. The wastewater treatment facility consists of the following treatment units: • Equalization tank • Off-spec tank • Two Lamella clarifier • Two neutralization tanks • Neutralization transfer tank • Chloride stabilization tank • Surge blend tank 2. After receiving Authorization to Construct from the Division of Water Quality, construct and operate facilities for the discharge of up to 0.142 MGD through outfall 003; and 3. Discharge stormwater and boiler blowdown from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002); discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001 —See A. (8.) Stormwater Monitoring, Controls and Limitations for Permitted Discharges, for monitoring requirements); and discharge process wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced treatment works at the location specified on the attached map into the Rocky River (Outfall 003). All receiving streams are classified C waters in the Yadkin-Pee Dee River basin. ,�U.L. f — ) +. ,//v y� - C....„ ( 'J" �i( is, , / i\- / 'j�- /• 4 f z \ !i`l \ / fir" \\ \3 v-r17 '" ' z: / ‘*'-:\ • K,1—r-c/ 7'/'/ ,' /-\ z-1-7:-------------,--- -----l't--1-Lk '1 / ,r--./(14 /' p.7) >c.--- /-",-H---5-_,:_ ii ,,, j/--- - I /,,,/A-- A �� Outfall 002 -� s,—(' 1,-—- . ) in, „ _, /i i--•)A , L e,„ 1____L____ . \ ,' _7 (.,...,,, , ,,,,„...--„,)-/-iT,!--/-„2/ N �, Outfal l 003! - , ��� wit. i _ : I _�,..__,:::,-�SZ i \� �• ; \,,y--,‘ r/c\ .____1_,_\(( �� — LLJJ �y "—r tikt ,_/_/7 es ' * • '?-- ,--";:iii-------,..--;,. :j:„--,;__}-7----2:;, ',--:----' ---1(:\ ' ' 4"--/,','.\-; ,_..,' 7---,;‘,./ f____/, :„..-:,---;-,,,c,,,(A__, s; — • �\ • if li" �i ( ,� r" j l71---\;\!2:'-\\ 7/1 hap • 'h /. -444k01#- A\- — ?C—"'— / \ c----. I \ , . V:r. ''''c's , ` .\ d In.i. t /\,--)cc,,„\._ % 4 . ..., 7., 4'ierAh v.A.,7_ 7.1, ' tilt 0, • ,,/ . ? 1-T- ----- / • ICounty Boundary Corning Incorporated Facility Information • NPDES discharger State Grid: G 16 NE and G 17 NW USGS Quad: Midland and Stanfield \Hydrography NC0086169 "/Highway Subbasin: 03 07 12 • Coalition Monitoring Site 4 ti ti * Benthic Site Cabarrus County Municipal boundary ,. • "A. r fr,'- N 2 0 2 Miles ,, -- t , Coming Incor..rated A &k. Permit NC0086169 • A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until permit expiration,the Permittee is authorized to discharge from outfall serial number 002—Stormwater and Humidification Boiler Blowdown. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits: Monitoring Requirements Monthly Daily Measurement Sample Type Sample Average Average Frequency Location'. Flow Semi-annually Estimate Effluent Temperature2 Semi-annually Grab Effluent Total residual chlorine Semi-annually Grab Effluent Footnotes: 1. The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. See Special Condition A. (9.)Annual Shutdown Procedures Condition. The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet 101 and a map indicating the discharge point and receiving stream. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace.amounts. Conditions related to the stormwater portion of this outfall can be found in A. (8.) Stormwater Monitoring, Controls and Limitations for Permitted Discharges. Permit NC0086169 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 at 0.107) • During the period beginning on the effective date of the permit and lasting until expansion beyond 0.107 MGD,the Permittee is authorized.to discharge from outfall serial number 003—Industrial Process Wastewater,Non-contact Cooling Water,and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits Monitoring Requirements Monthly Daily Measurement Sample Type Sample Average Average Frequency Location' Flow 0.107 MGD Continuous Estimate Effluent' Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature Weekly Grab Effluent pH3 Weekly Grab Effluent Cadmium4 Monthly Grab Effluent Copper4 Monthly Grab Effluent Zinc4 Monthly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity Quarterly Composite Effluent Pollutant Analysis') 6 6 Effluent Footnotes: 1. The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. After seven sampling events the permittee, may request (in writing) that the Division evaluate this parameter and modify the permit accordingly. 5. Chronic Toxicity(Ceriodaphnia) at 1.0%;January,April,July and October (see A. (4.)). 6. See A. (6.) Pollutant Analysis Condition. See Special Condition A. (9.) Annual Shutdown Procedures Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. Defintions: MGD—Million gallons per day mg/L—Milligram per liter µg/L—Micrograms per liter Permit NC0086169 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003 at 0.142) During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration,the Permittee is authorized to discharge from outfall serial number 003—Industrial Process Wastewater,Non-contact Cooling Water, and Carbon Filter Backwash. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits Monitoring Requirements Monthly Daily Measurement Sample Type Sample Average Average Frequency Location' Flow 0.142 MGD Continuous Estimate Effluent' Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chloride 2/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Temperature2 Weekly Grab Effluent pH3 Weekly Grab Effluent Cadmium4 Monthly Grab Effluent Copper4 Monthly Grab Effluent Zinc4 Monthly Grab Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity' Quarterly Composite Effluent Pollutant Analysis° 6 6 Effluent Footnotes: 1• The compliance point for flow shall be upstream of the non-contact cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. After seven sampling events the permittee, may request (in writing) that the Division evaluate this parameter and modify the permit accordingly. 5. Chronic Toxicity(Ceriodaphnia) at 1.7%;January,April,July and October (see A. (5.)). 6. See A. (6.) Pollutant Analysis Condition. See Special Condition A. (9.)Annual Shutdown Procedures Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. Definitions: MGD—Million gallons per day mg/L—Milligram per liter µg/L Micrograms per liter Permit NC0086169 A. (4.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly test at 0.107 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.0%. The permit holder shall perform at a minimum,quarterly monitoring using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised February 1998,or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.The tests will be performed during the months of January,April,July,October.Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,then multiple-concentration testing shall be performed at a minimum,in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival.The definition of"detectable impairment,"collection methods,exposure regimes,and further statistical methods are specified in the"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised- February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.Additionally,DWQ Form AT-3 (original)is to be sent to the following address: Attention: NC DENR/DWQ/ Environmental Sciences Branch 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete,accurate,include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name,permit number, pipe number,county,and the month/year of the report with the notation of"No Flow"in the comment area of the form.The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control organism survival, minimum control organism reproduction,and appropriate environmental controls,shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit NC0086169 A. (5.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly test at 0.142 MGD) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.7%. The permit holder shall perform at a minimum,quarterly monitoring using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised February 1998,or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent versions.The tests will be performed during the months of January,April,July,October.Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,then multiple-concentration testing shall be performed at a minimum,in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998) or subsequent versions. • The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival.The definition of"detectable impairment,"collection methods,exposure regimes,and further statistical methods are specified in the"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised- February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.Additionally,DWQ Form AT-3 (original)is to be sent to the following address: Attention: NC DENR/DWQ/Environmental Sciences Branch 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete,accurate,include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(Al) test form indicating the facility name,permit number, pipe number,county,and the month/year of the report with the notation of"No Flow"in the comment area of the form.The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. NO Failure to achieve test conditions as specified in the cited document,such as minimum control organism survival, minimum control organism reproduction,and appropriate environmental controls,shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit NC0086169 A. (6.) POLLUTANT ANALYSIS CONDITION • The Permittee shall conduct a test for pollutants once per permit cycle at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed using EPA approved methods for the following analytic fractions: (a) purgeables(i.e.,volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; (e) herbicides;and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring(APAM)Requirement Reporting Form A and accompanying memo describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the'Pollutant Analysis Monitoring Requirement" (PAM). 2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement,the largest 10 GC/MS peaks in the purgeable,base/neutral extractable,and acid exractable fractions(or fewer than 10 if less than 10 unidentified peaks occur)for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part(item 2)of the APAM requirement is to be referred to as the "10 significant peaks rule"). A. (7.) Biological Monitoring Condition After completion of the expansion to 0.142 MGD,the Permittee shall conduct an upstream and downstream benthic macroinvertebrate survey. This survey should be conducted between the months of June and September. A report of the findings of this survey shall be completed and included with the permit application package at the time of permit renewal. For technical assistance regarding this permit requirement,please contact the Division's Biological Assessment Unit at(919) 733-6946. A. (8.) STORMWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration,the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwater Pollution Prevention Plans The permittee shall develop and continue to update a Stormwater Pollution Prevention Plan,herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part III,Standard Conditions,Section E.10.of this permit. The Plan shall include,at a minimum,the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: Permit NC0086169 (1) A general location map(USGS quadrangle map,or appropriately drafted equivalent map),showing the facility's location in relation to transportation routes and surface waters,and the name of the receiving water(s)to which the stormwater outfall(s)discharges. If the discharge is to a municipal separate storm sewer system,the name of the municipality and the ultimate receiving waters,and accurate latitude and longitude of the point(s)of discharge must be shown. (2) A narrative description of storage practices,loading and unloading activities,outdoor process areas,dust or particulate generating or control processes,and waste disposal practices. (3) A site map(or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials,disposal areas,process areas,and loading and unloading areas), drainage structures,drainage areas for each outfall and activities occurring in the drainage area,building locations and impervious surfaces,the percentage of each drainage area that is impervious.For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated • stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. • (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III,Standard Conditions,Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater,including structural and non-structural measures. The stormwater management plan,at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas,material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable,the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials,storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA)water priority chemicals,or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems,the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation,the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices(BMPs)to be considered such as,but not limited to, oil and grease separation,debris control,vegetative filter strips,infiltration and stormwater detention or retention,where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. Permit NC0086169 • c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility.Facility personnel (or team)responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems,plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel(or team) responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s)responsible for the overall coordination,development,implementation,and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s)assignments provided. g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design,construction, operation,or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice,the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing(in accordance with Part III,Standard Conditions,Section B.11.)to the Director that the changes have been made. h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule,once in the fall(September-November)and once during the spring(April-June). The inspection and any subsequent maintenance activities performed shall be documented,recording date and time of inspection,individual(s) making the inspection and a narrative description of the facility's stormwater control systems,plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part II,Section A.2. shall be performed in addition to facility inspections. i. Implementation: Implementation of the Plan shall include documentation of all monitoring,measurements, inspections,maintenance activities and training provided to employees,including the log of the sampling data. Activities taken to implement BMPs associated with the industrial activities,including vehicle maintenance activities,must also be recorded. All required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall,regardless of representative outfall status,for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Permit NC0086169 Monitoring Monitoring Stormwater Discharge Characteristics Frequency) Type2 Location3 Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual _SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of stormwater pollution Semi-annual Visual SDO 1 Frequency:The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type:Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall(SDO—effluent at outfalls 001 and 002). STORMWATER DEFINITIONS 1. Best Management Practices(BMPs) Schedules of activities,prohibitions of practices,maintenance procedures,and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements,operation procedures,and practices to control plant site runoff,spillage or leaks,sludge or waste disposal,or drainage from raw material storage. 2. Bulk Storage of Liquid Products Liquid raw materials,manufactured products,waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 3. Point Source Discharge Any discernible,confined and discrete conveyance,including but specifically not limited to,any pipe,ditch, channel,tunnel,conduit,well,discrete fissure,container,rolling stock,or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 4. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil,concrete,asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 5. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year,24-hour storm event. Permit NC0086169 6. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right-to-Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting requirements;and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II(organic priority pollutants),Table III(certain metals,cyanides,and phenols)or Table IV(certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 7. Significant Materials Includes,but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic pellets; finished materials such as metallic products;raw materials used in food processing or production;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of Title III of SARA;fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with stormwater discharges. 8. Significant Spills Includes,but is not limited to:releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act(Ref:40 CFR 110.10 and CFR 117.21)or section 102 of CERCLA(Ref:40 CFR 302.4). 9. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 10. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall,the amount of the built-upon(impervious) surfaces within the drainage area,and the total amount of rainfall occurring during the sampling period. 11. Visible Sedimentation Solid particulate matter,both mineral and organic,that,has been or is being transported by water,air,gravity,or ice from its site of origin,which can be seen with the unaided eye. A. (9.) Annual Shutdown Procedures Condition On an annual basis,the permittee is permitted to discharge up to 250,000 gallons of non-contact cooling water and flush water,from the two cooling tower basins,through Outfall 002. The semi-annual monitoring associated with outfall 002 shall coincide with this event. Corning Incorporated shall develop a HVAC Cooling Tower Shutdown Procedure consistent with BetzDearborn recommendations. The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers will not be flushed at the same time. This procedure shall be kept on site and available for review by Division staff upon request. Additionally,the time and duration for the discharge of non-contact cooling water through outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge and available for review by the Division upon request. PART I (continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or"the Division" Means the Division of Water Quality,Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended, 33 USC 1251,et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average"in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum,"in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average"in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliforrn bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the ' concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. Part II Page 2 of 11 6.b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under"Other Limits"in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under"Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for 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 Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average"in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation"in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods:January through March,April through June,July through September,and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample:A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or Part II Page 3 of 11 8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single,continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four(4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one(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. 10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. 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 denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part I1 Page 4 of 11 1.b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to $25,000 per day of violation,or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law,a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [Ref: North Carolina General Statutes§ 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby. Part 11 Page 5 of 11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration,or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality,State,Federal,or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3)The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Part II Page 6 of 11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification.Revocation and Reissuance.or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H .0100;and North Carolina General Statute 143-215.1 et.al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G .0200. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A,NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50%complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4.b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c.and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6.of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1)of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated;and (3)The permittee submitted notice of the upset as required in Part II,E. 6. (b) (B) of this permit. (4)The permittee complied with any remedial measures required under Part II,B.2.of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8 of 11 • 6. Removed Substances Solids, sludges, filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately,treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. 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 DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Part II Page 9 of 11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to • NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended,and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. Part II Page 10 of 11 • SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This. permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II,D. 4. of this permit or in the case of sludge use or disposal,approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance. Part II Page 11 of 11 6.b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. 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 pollutant 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 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant 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 which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter(1 mg/L) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS • A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Corning Incorporated Optical Fiber PO Box t700 Concord, NC 28o26-17oo t 704 569 600o www.corning.com NC DEPT.OF ENVIRONhIENT July 19, 2001 AND NATURAL RESOURCES Pe1OORESVILLE,d am t3l 1'NAL.OFFICE CERTIFIED MAIL RETURN RECEIPT REQUESTED ! JUL 2 0 2001 Mr. Dave Goodrich North Carolina Department of Environment and Natural Resources Division of Water Quality, NPDES Permit Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Corning Incorporated, Concord Facility • 1. NPDES Permit No. NC0086169 ATC, Engineer's Certification CORNIN4Mr. Goodrich: Discovering Beyond Imagination Attached, please find the Engineer's Certification for Construction of Wastewater Treatment Facilities for subject ATC. As stated in the initial certification letter, the wastewater treatment facility system will be started sequentially to facilitate discharge of wastewater streams per the permit. The enclosed certification covers the remaining sequences of the wastewater treatment facility system. Please feel free to contact me if you have any questions concerning the information contained in the documents.. I can be reached at (704) 569-6268. Sincerely, Ckt:liti cACRAL-AL0,--y,_ Christy Hannan Environmental Control Engineer Concord Plant Corning, Inc. - Enclosures aitg o-ortesaila RegiNINNi SW—@DEN Corning Incorporated Concord Facility Permit No. NC0086169 ENGINEER'S CERTIFICATION FOR CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES I 0 ,G.,7,/,2_ g,7"-/i./,6LL , am a duly registered Professional Engineer (please print) in the State of North Carolina and have been authorized to observe (circle one periodically, weekly. full time) the construction of the subject project for the Permittee: • Project No.: 086169ACB Project: Corning Incorporated Concord Facility Waste Abatement System Expansion • The project consists of: • Construction of a 60.000 gallon chloride stabilization tank; rn��7'� • Construction of a 21.000 gallon equalization tank; G 7,-1.- • Construction of two (2) 1.700 gallon neutralization tanks; CO,"7,46,7 • Construction of a 36.000 gallon off-spec tank; CQ//7�LeJ� • Construction of a 21.000 gallon surge/blend tank; GO/P7A?G>f 7Z - • • Construction of two (2) lamella clarifiers; and G©rn0.°1-‘7X • Installation of all piping, valves, and appurtenances as illustrated on the attached approved design documents. Gpjv`OLATS I hereby certify that I did regularly observe this project with due care and diligence and that the construction was completed in substantial conformance with the Authorization to Construct and with the approved plans and specifications. Signature Registration No. (1.2C (.34- Date ///2 DD/ :Qc�! CAR0c i•. Z 0 'FESSip . ei% / .(910 1 • ' • .csy rCQ: 4.I: Upon completion of construction and prior to operation of the modified facility, the Permittee shall provide the Division with a certification from a professional engineer certifying that the permitted facility has been installed in • accordance with the NPDES Permit, this Authorization to Construct, and the approved plans and specifications. The Certification should be submitted to: NCDENR/DWQ, NPDES Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617