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HomeMy WebLinkAboutNC0024538_Regional Office Historical File Pre 2018 (3)NCDENR North Carolina Department of Environment and Natura Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director February 26, 2014 Brad Caldwell, Public Utilities Director City of Shelby 924 West Grove Street Shelby, NC 28150 SUBJECT: Dear Mr. Caldwell: Resources John E. Skvarla, III Secretary Authorization to Construct A to C No. 024538A02 City of Shelby First Broad River WWTP A letter of request for an Authorization to Construct was received December 3, 2013, by the Division of Water Resources (Division), and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the existing 6.0 MGD First Broad River WWTP, with discharge of treated wastewater into the First Broad River in the Broad River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of one (1) new inclined rotating drum screen system with piping and controls; installation of one (1) new aeration basin distribution box with piping and controls; installation of one (1) new (third) 0.75 MG aeration basin partitioned with 0.125 MG anoxic and 0.625 MG aerobic zones and consisting of three (3) submersible mixers, fine bubble diffuser system, one (1) 4,167 GPM maximum variable speed internal recycle pump, piping and other controls; installation of three (3) new 3,550 SCFM blowers with piping and controls; installation of one (1) new (third) non -potable 225 GPM pump with piping and controls; installation of two (2) new RAS flow meters stations; installation of one (1) new 0.11 MG gravity sludge thickener with piping and controls; installation of one (1) new thickened sludge pump station consisting of two (2) grinders, two (2) TWAS 100 GPM pumps, piping and controls; installation of one (1) new sludge receiving station consisting of 15 ft x 15 ft drying bed basin, liquid collection system, piping; conversion of two (2) existing (first and second) 0.75 MG aeration basins to partitioning for 0.125 MG anoxic and 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6489 Internet:: www.ncwaterauality.org An Equal Oppoaunity\Affirmative Action Employer Brad Caldwell, Public Utilities Director February 26, 2014 Page 2 of 3 0.625 aerobic zones and the addition to each basin of three (3) new submersible mixers, new fine bubble diffuser system, one (1) new 4,167 GPM maximum variable speed internal recycle pump, new piping and other controls; conversion of two (2) existing 0.04 MG gravity thickener tanks to equalization basins with the addition to eachtank of two (2) new equalization 44.5 GPM pumps, new piping and controls; in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0024538 issued August 1, 2010, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0024538. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, telephone number (704) 663-1619, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received 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. Mail the Certification to: NPDES Unit, DWR/DENR, 1617 Mail Service Center, Raleigh, NC 27699-1617. Upon classification of the facility by the Certification Commission, the Permittee 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 T15A:8G.0202. 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, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. Brad Caldwell, Public Utilities Director February 26, 2014 Page 3 of 3 A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's . responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division 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. If you have any questions or need additional information, please contact Ron Berry at telephone number (919) 807-6396. Sincere , 1 �LG 1,V Thomas A. Reeder cc: Christopher Crotwell, P.E. HDR Engineering, Inc of the Carolinas 440 South Church Street Suite 1000 Charlotte, NC 28202 _ *D�WRLMooresvi11e Regional:=off ce,_Water=Quality Programs Central Files NCO024538 NPDES File NCO024538 Without Engineer's Certificate attached: Cleveland County Health Department DWI/ Ken Pohlig City of Shelby First Broad River WWTP Authorization to Construct No. 024538A02 Issued February 26, 2014 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the First Broad River Wastewater Treatment Plant, located in Cleveland County, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of one (1) new inclined rotating drum screen system with piping and controls; installation of one (1) new aeration basin distribution box with piping and controls; installation of one (1) new (third) 0.75 MG aeration basin partitioned with, 0.125 MG anoxic and 0.625 MG aerobic zones and consisting of three (3) submersible mixers, fine bubble diffuser system, one (1) 4,167 GPM maximum variable speed internal recycle pump, piping and other controls; installation of three (3) new 3,550 SCFM blowers with piping and controls; installation of one (1) new (third) non -potable 225 GPM pump with piping and controls; installation of two (2) new RAS flow meters stations; installation of one (1) new 0.11 MG gravity sludge thickener with piping and controls; installation of one (1) new thickened sludge pump station consisting of two (2) grinders, two (2) TWAS 100 GPM pumps, piping and controls; installation of one (1) new sludge receiving station consisting of 15 ft x 15 ft drying bed basin, liquid collection system, piping; conversion of two (2) existing (first and second) 0.75 MG aeration basins to partitioning for 0.125 MG anoxic and 0.625 aerobic zones and the addition to each basin of three (3) new submersible mixers, new fine bubble diffuser system, one (1) new 4,167 GPM maximum variable speed internal recycle pump, new piping and other controls; conversion of two (2) existing 0.04 MG gravity thickener tanks to equalization basins with the addition to each tank of two (2) new equalization 44.5 GPM pumps, new piping and controls; in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance, intent and in conformity with all applicable regulations and statutes and the project plans, specifications, and other supporting documentation comprising the Authorization to Construct Permit Application package. Signature Date Registration No. Mail this Certification to: Attn: Ron Berry Complex Permitting Unit DENR/DWR/Water Quality Programs 1617 Mail Service Center Raleigh, NC 27699-1617 Np D 9 Md _ A)cd)-D-4 '3'2 Water Resources ENVIRONMENTAL QUALITY September 13, 2017 Mr David Hux Water Resources Director 824 West Grover Street Shelby, North Carolina 28150 ROY COOPER Gor,ernor MICHAEL S. REGAN Secretory S. JAY ZIMMERMAN Director RECEIVED/NCDrzNR1DWR SEP 15 2017 WQROS MOORESVILLE REGIONAL OFFICE SUBJECT: Authorization to Construct CORRECTED A to C No. 024538A03 City of Shelby First Broad River WWTP NPDES No. NCO024538 Dear Mr. Hux: A letter of request for an Authorization to Construct was received July 28, 2017 by the Division of Water Resources (Division), and upon further review this corrected permit is being issued to supercede the permit issued on September 11, 2017. Authorization is hereby granted for the construction of modifications to the existing 6.0 MGD First Broad River WWP, with discharge of treated wastewater into the First Broad River in the First Broad River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of new headworks consisting of one (1) inclined manual bar screen in the bypass channel, one (1) inclined rotary drum bar screen designed for 15.75 MGD, relocation of existing mechanical rotary drum bar screen, two (2) shaftless screw conveyors sized at 60 cf/hr, one (1) grit removal system minimum designed for 21 MGD which includes one (1) forced vortex grit removal chamber, one (1) vacuum primed grit pumping system, one (1) grit concentrator, one (1) grit washer/classifier, piping and controls; replacement of exiting 24" influent force main with new 1,100 ft long 30" influent force main; upgrade of influent pump station which includes installation of two (2) new 5,300 GPM at 68 ft TDH non -clog centrifugal influent pumps with VFD, installation of new VFDs on existing two (2) pumps, piping and controls; replacement of existing primary clarifier splitter box with a new splitter box for existing two (2) and two (2) future primary clarifiers, piping and controls; installation of two (2) enclosed circular 337,500 gallon anaerobic digesters with total four (4) 5 HP mixers (two per digester) with off gas removal/processing and with sludge heating system consisting of heat exchangers, sludge recirculation pumps, hot water boiler system consisting of boilers, hot water circulation pumps, piping and controls; installation of three (3) 250 GPM at 48.9 ft TDH horizontal chopper digested sludge recirculation pumps, piping and controls; installation of one (1) 250,000 gallon sludge holding tank with one (1) 8 HP submersible mixer; piping and controls; installation of two (2) belt filter press systems rated for 2,000 dry lb/hr consisting of two (2) belt filter presses, polymer feed system consisting of two (2) polymer blenders with progressive cavity polymer feed pump, dilution water assembly, belt wash system, solution discharge assembly, piping and controls; installation of three (3) 200 GPM at 46.2 ft TDH progressive cavity belt filter press feed/transfer pumps, piping and controls; State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 1 1612 Mail service Center I Raleigh, North Carolina 27699-1612 Phone: 919 807 6464 Mr. David Hux Water Resources Director September 13, 2017 Page 2 of 3 installation. of filtrate pump station consisting of two (2) 550 GPM at 50 ft TDH submersible non -clog filtrate pumps, piping and controls; installation of two (2) 4 HP submersible mixers in existing two (2) filtrate equalization tanks (one in each), piping and controls; installation of three (3) 225 GPM at 129 ft TDH vertical turbine non potable water pumps, piping and controls; installation of one (1) new 6,000 lbs/hr (dry) cake conveyor and controls; installation of new 7,600 ft' roofed cake storage; demolition of existing composting facility; in conformity with the project plans, specifications, and other supporting documentation comprising the ATC Permit Application package submitted to the Department of Environmental Quality. This ATC is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0024538 issued effective December 1, 2013, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC000024538. It is the Owner's responsibility to ensure that the as -constructed project meets the requirements of all applicable regulations and statutes, the ATC Permit Application package, and all of the requirements contained herein. Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, telephone number704-663-1699, shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a Professional Engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit and the ATC Permit Application package: Mail the Certification to: Division of Water Resources, WQ Permitting — NPDES, 1617 Mail Service Center, Raleigh, NC 27699- 1617. Upon classification of the facility by the Certification Commission, the Permittee 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 T15A:8G.0202'. 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, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T1 5A: 8G.0202. ,a- 1� Mr. David Hux Water Resources Director September 13, 2017 Page 3 of 3 A copy of the project plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the Permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. The issuance of this ATC 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. If you have any questions or need additional information, please contact Trupti Desai at telephone number (919) 807-6351. Sincerely, 5JVVY S. Jay Zimmerman, P.G. Director, Division of Water Resources With Engineer's Certificate attached: cc: ` 1OR Qolr"resu 1111OR.egF to all Central Files . e-copy: Mr. Will Shull, P.E. HDR Email: Will.Shull@hdrinc.com NPDES File Without Engineer's Certificate attached: cc: Cleveland County Health DWI/Mr. Ken Pohlig 0 City of Shelby First Broad River WWTP NPDES No. NC0024538 CORRECTED Authorization to Construct No. 02453 8A03 Issued September 11, 2017 Page 1 of 2 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the First Broad Wastewater Treatment Plant, located in Cleveland County, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of new headworks consisting of one (1) inclined manual bar screen in the bypass channel, one (1) inclined rotary drum bar screen designed for 15.75 MGD, relocation of existing mechanical rotary drum bar screen, two (2) shaftless screw conveyors sized at 60 cf/hr, one (1) grit removal system minimum designed for 21 MGD which includes one (1) forced vortex grit removal chamber, one (1) vacuum primed grit pumping system, one (1) grit concentrator, one (1) grit washer/classifier, piping and controls; replacement of exiting 24" influent force main with new 1,100 ft long 30" influent force main; upgrade of influent pump station which includes installation of two (2) new 5,300 GPM at 68 ft TDH non - clog centrifugal influent pumps with VFD, .installation of new VFDs on existing two (2) pumps, piping and controls; replacement of existing primary clarifier splitter box with a new splitter box for existing two (2) and two (2) fature primary clarifiers, piping and controls; installation of two (2) enclosed circular 337,500 gallon anaerobic digesters with total four (4) 5 HP mixers (two per digester) with off gas removal/processing and with sludge heating system consisting of heat exchangers, sludge recirculation pumps, hot water boiler system consisting of boilers, hot water circulation pumps, piping and controls; installation of three (3) 250 GPM at 48.9 ft TDH horizontal chopper digested sludge recirculation pumps, piping and controls; installation of one (1) 250,000 gallon sludge holding tank with one (1) 8 HP submersible mixer; piping and controls; installation of two (2) belt filter press systems rated for 2,000 dry lb/hr consisting of two (2) belt filter presses, polymer feed system consisting of two (2) polymer blenders with progressive cavity polymer feed pump, dilution water assembly, belt wash system, solution discharge assembly, piping and controls; installation of three (3) 200 GPM at 46.2 ft TDH progressive cavity belt filter press feed/transfer pumps, piping and controls; installation of filtrate pump station consisting of two (2) 550 GPM at 50 ft TDH submersible non -clog filtrate pumps, piping and controls; installation of two (2) 4 HP submersible mixers in existing two (2) filtrate equalization tanks (one in each), piping and controls; installation of three (3) 225 GPM at 129 ft TDH vertical turbine non potable water pumps, piping and controls; installation of one (1) new City of Shelby First Broad River WWTP NPDES No. NCO024538 Authorization to Construct No. 024538A03 Issued September 11, 2017 Page 2 of 2 6,000 lbs/hr (dry) cake conveyor and controls; installation of new 7,600 ftz roofed cake storage; demolition of existing composting facility; in conformity with the project plans, specifications, and other supporting documentation comprising the ATC Permit Application package submitted to the Department of Environmental Quality. Signature Date Registration No. Mail this Certification to: Attn: Trupti Desai Complex Permitting Unit DEQ/DWR/Water Quality Programs 1617 Mail Service Center Raleigh, NC 27699-1617 01 PPPFr' A'T RECEIVER DIVISION OF t,RrZER QUALITY NCDENR - „ North Carolina Department of Environment and, Natural ResourcMG 15 2013 Division of Water Resources Svv, w' Water Quality Programs sMOORESVILLE REGIONAL OFFICI„ Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor . Director Secretary August 12, 2013 Mr. David Hux City Of Shelby PO Box 207 Shelby, NC 28151-0207 Subject: Issuance of Permit Modification NPDES Permit NCO 024538 - First Broad River WWTP Facility Class IV Cleveland County Dear Mr. Hux: Division personnel have reviewed and approved your request for modification of the subject permit. The Division concurs that the instream sampling location # 1 can be removed from your permit. Please insert the enclosed EFFLUENT LIMITATIONS AND MONITORING page into your permit. You may discard the old page. The changes in this permit modification are effective immediately. 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 October 15, 2007 (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 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 permits that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492 Internet:: www.ncwaterouality.orn An Equal OpportunityWirmative Action Employer City of Shelby August 12, 2013 Page 2 of 2 'If you have. any questions concerning this permit, please contact Teresa Rodriguez at telephone number (919) 807-6387 or at email Teresa.rodriguez@ncdenr.gov. Sincerely, 4omBelnick Cc: Mooresville Regional Office/Surface Protection Section EPA Region IV (e=copy) Central Files NPDES Files Permit NCO024538 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: z EFFLUENT z CHARACTRISTIC3 rf w� '` - � sY ';< x„ u y r LIMITS z Y s F MONITORING REQUIREMENTS h3� Merithyt � Ai�erag'e V�leekly ; Av erage Aarly> Maxim um Nleastlr�ment �-,Fregtlerc P. Sa�ple Ty _- a e mp ca�an Flow 6.0 MGD Daily Instantaneous Influent or Effluent BON, 20°C 2 25.0 mg/L 37.5 mg/L Daily Composite Effluent, Influent Total Suspended Solids2 30.0 mg/L 45.0 mg/L Daily Composite Effluent, Influent NH3 as N 18.5 m /L 35.0 m /L Daily Composite Effluent NH3 as N summer 3, 4 4.7 mglL 14.1 mg/L Daily Composite Effluent NH3 as N winter )3,4 18.5 mg/L 35.0 mg/L Daily Composite Effluent Dissolved Oxygen5 Daily Grab Effluent Fecal Coliform (geometric mean 2001100 ml 400 / 100 ml Daily Grab Effluent Total Residual Chlorines 1 1 28 /L Daily Grab Effluent H *0 and <9.0 standard units Daily Grab Effluent Temperature °C Daily Grab Effluent Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxici V Quarterly Composite Effluent Total Copper 2/Month Composite Effluent Total Zinc 2/Month Composite Effluent Total Nickel 261 /L 261 /L 2/Month Composite Effluent Dissolved Oxygen8 See footnote 8 Grab Upstream, Downstream Temperature (oC)8 See footnote 8 Grab Upstream, Downstream Conductivity, See footnote 8 Grab Upstream, Downstream Priority Pollutant Scan See Condition A. 3 of this permit NOTES: 1. Upstream: upstream 100 feet above outfall. Downstream: above Beaverdam Creek. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. Summer = April 1— October 31. Winter = November 1— March 31. 4. Summer & winter ammonia limits will become effective August 1, 2016 (six years following the effective date of the permit). 5. The daily average dissolved oxygen concentration shall not be less than 5.0 mg/L. 6. 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. 7. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Ceriodaphnia dubia at 17%. Testing shall be conducted in February, May, August and November (see Part A. (2.). Monitoring for Copper, Zinc, and Nickel shall coincide with toxicity sampling 8. Instream samples shall be collected three times per week during the months of June -September and once per week during the remaining months of the year. There shall be no discharge of floating solids or visible foam in other than trace amounts. Bell, Wes From: Belnick, Tom Sent: Wednesday, August 14, 2013 3:05 PM To: David Hux Cc: Bell, Wes; Sledge, Bob; Jordan Jackson; Todd Humphries; Rodriguez, Teresa Subject: RE: Shelby NC NC0024538 - First Broad WWTP Stream Monitoring Locations Attachments: Permit Mod 12Aug2013.pdf David- NPDES permit mod to remove first downstream station is attached. Hardcopy to follow. Let me know if any questions. Tom Belnick Supervisor, NPDES Complex Permitting Unit NCDWR/Water Quality Programs 919-807-6390 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: David Hux [mailto:david.hux@cityofshelby.com] Sent: Thursday, August 08, 2013 11:24 AM To: Belnick, Tom Cc: Bell, Wes; Sledge, Bob; Jordan Jackson; Todd Humphries Subject: Shelby NC NC0024538 - First Broad WWTP Stream Monitoring Locations Tom As discussed yesterday, here is the information that was submitted to your office with our permit renewal application in February. This information was in reference to the removal of our downstream monitoring site (#1) from the permit renewal. The monitoring location is the Stice Shoals Dam which is owned by Pickens Mill Hydro out of Charlotte. The dam itself is surrounded by private property owned by Mr. Daniel Dougherty. I have attached a map showing the private property and the end of the DOT ROW. As you can see from the map, the City does not have direct access to the dam without crossing the private property owned by Mr. Dougherty. The property owner visited our plant this week and made it very clear that he does not want us crossing his property and discussed the fact that the City does not have a property easement. He said, "I can make this very hard on the City" and he prefers that we stop sampling at this location. As stated in the letter sent with the permit renewal, the City has endured issues with the private property owner for a number of years. Locks are being removed, safety concerns with operators because of the owner's dogs and the denied access to the actual dam for sampling which has forced the City to sample from the river bank. In our memo submitted with the permit renewal, the City stated that we would like the monitoring location removed from our renewed permit. In light of recent issues with the owner removing locks and displaying displeasure with the City, we would like to request the removal of this site effective immediately. With the removal of this site, we will still have a downstream monitoring point at Riverhill Road, where staff can sample safely from a DOT road and collect samples in the flow of the river. I have spoken with Wes Bell at the Mooresville Regional Office this morning -and he is in favor of the removal of this site from our monitoring requirements. Thanks for your consideration. Please contact me if you'have any questions. David Hux Assistant Utilities Director - Operations City of Shelby PO Box 207 Shelby, NC 28151-0207 Phone (704) 669-6570 From: David Hux Sent: Friday, February 22, 2013 3:44 PM To: 'Sledge, Bob' Cc: Jordan Jackson Subject: Shelby NC NCO024538 - First Broad WWTP Stream Monitoring Locations o As discussed here is the request to eliminate one of our downstream monitoring locations. Please review this with the submitted NPDES Permit Renewal. Please contact me if you have any questions. Hard copy to be mailed. Thanks David Hux Assistant Utilities Director - Operations City of Shelby PO Box 207 Shelby, NC 281S1-0207 Phone (704) 484-6840 (\J f) `Pc7c - pm—uvoc s �(s 1 Water Resources ENVIRONMENTAL QUALITY 0 � q 51 ?g A. 0 il State of North Carolina Department of Environmental Quality Division of Water Resources €DECEIVED/NCUENR/DWR APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) SECTION 1: INSTRUCTIONS AND INFORMATION WQROS MOORESVILLE REGIONALL. O�FICF A. The Division of Water Resources will accept this application package for review only if all of the items are prove a and- the application is complete. Failure to submit all of the required items will result in the application package being returned as incomplete per 15A NCAC 02T .0105(b). B. Plans and specifications must be prepared in accordance with 15 NCAC 02H. 0100, 15A NCAC 02T, North Carolina General Statute 133-31 North Carolina General Statute 143-215.11 and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities. C. The plans and specifications submitted must represent a completed final design that is ready to advertise for bid. D. Any content changes made to this Form ATC-12-14 shall result in the application package being returned. E. The Applicant shall submit ONE ORIGINAL and ONE DIGITAL COPY (CD) of the application, all supporting documentation and attachments. All information must be submitted bound or in a 3-ring binder, with a Section tab for each Section, except the Engineering Plans. F. Check the boxes below to indicate that the information is provided and the requirements are met. G. If attachments are necessary for clarity or due to space limitations, such attachments are considered part of the application package and must be numbered to correspond to the item referenced. H. For any project that requires review under the State Environmental Policy Act (SEPA), an Authorization to Construct cannot be issued prior to the completion of a State Clearinghouse advertisement period for a FONSI, EIS, etc. unless the project qualifies for a Determination of Minor Construction Activity. _I. For more information, visit the Division of Water Resources web site at: http://Portal.ncdenr.org/web/w4/swp/ps/npdes. In addition to this Authorization to Construct, the Applicant should be aware that other permits may be required from other Sections of the Division of Water Resources (for example: reclaimed water facilities permits; Class A or B biosolids residuals permit). SECTION 2: APPLICANT INFORMATION AND PROJECT DESCRIPTION A. APPLICANT Applicant's name David Hux Signature authority's name per 15A NCAC 02T .0106(b) City of Shelby Signature authority's title Water Resources Director Complete mailing address 824 West Grover St. Shelby, NC 28150 Telephone number 704-669-6570 Email address David.Hux@citvofshelby.com B. PROFESSIONAL ENGINEER Professional Engineer's name Will Shull, PE Professional Engineer's title Project Engineer North Carolina Professional Engineer's License No. 043278 Firm name HDR Engineering, Inc. of the Carolinas Firm License number F-0116 Complete mailing address 440 South Church St. Suite 1000 Charlotte, NC 28202 Telephone number 704-338-6796 Application for Authorization to Construct Permit (FORM ATC-12-14) Page 1 State of North Carolina Water Resources ENVIRONMENTAL QUALITY Department of Environmental Quality Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) Email address Will.Shull@hdrinc.com C. NPDES PERMIT NPDES Permit number NCO024538 Current Permitted flow (MGD) — include permit flow phases if applicable 6.0 MGD D. PROJECT DESCRIPTION Provide a brief description of the project: CWSRF Eligible: Demolition of the existing compost facility, installation of two (2) 337.500 gallon anaerobic digester, a 250.000-gallon sludge storage tank, a sludge control building with associated digester heating and pumping equipment, a new dewateringLfacility with dual 2-meter belt -filter presses and polymer blender system, dewatered cake storage, filtrate pump station, non -potable water pump station improvements (pumps), and filtrate equalization improvements (submersible mixers). Non -Eligible: Demolition of the existing headworks structure, a new headworks facility with a relocated rotary drum fine screen, new rotary drum fine screen, a forced vortex grit removal system, rehabilitation of the influent pump station wet well, replacement of two influent pumps, approximately 1,100 linear feet of 30-inch force main, primary clarifier splitter box, an electrical enclosure, and an 800 kW emergency generator. The improvements will not increase plant flow capacity or change the biological or disinfection processes. SECTION 3: APPLICATION ITEMS REQUIRED FOR SUBMITTAL FOR ALL PROJECTS A. Cover Letter ® The letter must include a request for the Authorization to Construct; the facility NPDES Number; a brief project description that indicates whether the project is a new facility, facility modification, treatment process modification, or facility expansion; the construction timeline; and a list of all items and attachments included in the application package. ® If any of the requirements of 15 NCAC 02H. 0100, 15A NCAC 02T, North Carolina General Statute 133-3, North Carolina General Statute 143-215.1, and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities are not met by the proposed design, the letter must include an itemized list of the requirements that are not met. B. NPDES Permit ® Submit Part I of the Final NPDES permit for this facility that includes Part A (Effluent Limitations and Monitoring Requirements) for the monthly average flow limit that corresponds to the work that is requested for this project. C. Special Order by Consent ❑ If the facility is subject to any Special Orders by Consent (SOC), submit the applicable SOC. ® Not Applicable. Application for Authorization to Construct Permit (FORM ATC-12-14) Page 2 State of North Carolina Department of Environmental Quality Division of Water Resources a- WaterResources ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) D. Finding of No Significant Impact or Record of Decision ❑ Submit a copy of the Finding of No Significant Impact or Record of Decision for this project. ❑ Provide a brief description of any of the mitigating factors or activities included in the approved Environmental Document that impact any aspect of design of this project, if not specified in the Finding of No Significant Impact or Record of Decision. ® Not Applicable. E. Engineering Plans ® Per 15A NCAC 02T .0504(c)(1), submit one set of detailed plans that have been signed, sealed and dated by a North Carolina Licensed Professional Engineer. ® Per 21 NCAC 56 .1103(a)(6), the name, address and License number of the Licensee's firm shall be included on each sheet of the engineering drawings. ® Plans must be labeled as follows: FINAL DRAWING — FOR REVIEW PURPOSES ONLY — NOT RELEASED FOR CONSTRUCTION. ® 15A NCAC 02H .0124 requires multiple (dual at a minimum) components such as pumps, chemical feed systems, aeration equipment and disinfection equipment. Is this requirement met by the design? ® Yes or ❑ No. If no, provide an explanation: Plans shall include: ® Plans for all applicable disciplines needed for bidding and construction of the proposed project (check as appropriate): ® Civil ❑ Not Applicable ® Process Mechanical ❑ Not Applicable ® Structural ❑ Not Applicable ® Electrical ❑ Not Applicable ® Instrumentation/Controls ❑ Not Applicable ® Architectural ❑ Not Applicable ® Building Mechanical ❑ Not Applicable ® Building Plumbing ❑ Not Applicable ® Plan and profile views and associated details of all modified treatment units including piping, valves, and equipment (pumps, blowers, mixers, diffusers, etc.) ® Are any modifications proposed that impact the hydraulic profile of the treatment facility? ® Yes or ❑ No. If yes, provide a hydraulic profile drawing on one sheet that includes all impacted upstream and downstream units. The profile shall include the top of wall elevations of each impacted treatment unit and the water surface elevations within each impacted treatment unit for two flow conditions: (1) the NPDES permitted flow with all trains in service and (2) the peak hourly flow with one treatment train removed from service. ® Are any modifications proposed that impact the process flow diagram or process flow schematic of the treatment facility? ® Yes or ❑ No. If yes, provide the process flow diagram or process flow schematic showing all modified flow paths including aeration, recycle/return, wasting, and chemical feed, with the location of all monitoring and control instruments noted. ® Engineering Specifications ® Per 15A NCAC 02T .0504(c)(2), submit one set of specifications that have been signed, sealed and dated by a North Carolina Licensed Professional Engineer. Application for Authorization to Construct Permit (FORM ATC-12-14) Page 3 `a Water Resources ENVIRONMENTAL QUALITY State of North Carolina Department of Environmental Quality Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) ® Specifications must be labeled as follows: FINAL SPECIFICATIONS — FOR REVIEW PURPOSES ONLY — NOT RELEASED FOR CONSTRUCTION. Specifications shall include: ® Specifications for all applicable disciplines needed for bidding and construction of the proposed project (check as appropriate): ® Civil ❑ Not Applicable ® Process Mechanical ❑ Not Applicable ® Structural ❑ Not Applicable ® Electrical ❑ Not Applicable ® Instrumentation/Controls ❑ Not Applicable ® Architectural ❑ Not Applicable ® Building Mechanical ❑ Not Applicable ® Building Plumbing ❑ Not Applicable ® Detailed specifications for all treatment units and processes including piping, valves, equipment (pumps, blowers, mixers, diffusers, etc.), and instrumentation. Means of ensuring quality and integrity of the finished product including leakage testing requirements for structures and 1 pipelines, and performance testing requirements for equipment. ® Bid Form for publically bid projects. G. Construction Sequence Plan ® Construction Sequence Plan such that construction activities will not result in overflows or bypasses to waters of the State. The Plan must not imply that the Contractor is responsible for operation of treatment facilities. List the location of the Construction Sequence Plan as in the Engineering Plans or in the Engineering Specifications or in both: Included in Tab C of the binder and also located in the engineering specifications sections 011100. H. Engineering Calculations ® Per 15A NCAC 02T .0504(c)(3), submit one set of engineering calculations that have been signed, sealed and dated by a North Carolina Licensed Professional Engineer; the seal, signature and date shall be placed on the cover sheet of the calculations. For new or expanding facilities and for treatment process modifications that are included in Section 4.C, the calculations shall include at a minimum: ® Demonstration of how peak hour design flow was determined with a justification of the selected peaking factor. ❑ Influent pollutant loading demonstrating how the design influent characteristics in Section 4.6.2 of this form were determined. ❑ Pollutant loading for each treatment unit demonstrating how the design effluent concentrations in Section 4.13.2 of this form were determined. ® Hydraulic loading for each treatment unit. ® Sizing criteria for each treatment unit and associated equipment (blowers, mixers, pumps, etc.) ® Total dynamic head (TDH) calculations and system curve analysis for each pump specified that is included in Section 4.C.6. ® Buoyancy calculations for all below grade structures. ® Supporting documentation that the specified auxiliary power source is capable of powering all essential treatment units. Application for Authorization to Construct Permit (FORM ATC-12-14) Page 4 t State of North Carolina s ti Department of Environmental Quality Division of Water Resources �l Water Resources ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) I. Permits ® Provide the following information for each permit and/or certification required for this project: Permit/Certification Not Applicable Date Submitted Date Approved Permit/ Certification Number If Not Issued Provide Status and Expected Issuance Date Dam Safety X Soil Erosion and Sediment Control 7/26/2017 Review in Progress USCOE / Section 404 Permit X Water Quality Certification (401) X USCOE / Section 10 X Stormwater Management Plan X CAMA X NCDOT Encroachment Agreement X Railroad Encroachment Agreement X Other: SRF Funding Review 7/26/2017 Review in Progress J. Residuals Management Plan M For all new facilities, expanding facilities, or modifications that result in a change to sludge production and/or sludge processes, provide a Residuals Management Plan meeting the requirements of 15A NCAC 02T .0504(i) and .0508; the Plan must include: ® A detailed explanation as to how the generated residuals (including trash, sediment and grit) will be collected, handled, processed, stored, treated, and disposed. ® An evaluation of the treatment facility's residuals storage requirements based upon the maximum anticipated residuals production rate and ability to remove residuals. ® A permit for residuals utilization or a written commitment to the Applicant from a Permittee of a Department approved residuals disposal/utilization program that has adequate permitted capacity to accept the residuals or has submitted a residuals/utilization program application. ® If oil, grease, grit or screenings removal and collection is a designated unit process, a detailed explanation as to how the oil/grease will be collected, handled, processed, stored and disposed. ❑ Not Applicable. Application for Authorization to Construct Permit (FORM ATC-12-14) Page 5 State of North Carolina Department of Environmental Quality Division of Water Resources Water Resources ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) SECTION 4: PROJECT INFORMATION A. WASTEWATER TREATMENT PLANT FLOW INFORMATION — COMPLETE FOR NEW OR EXPANDING FACILITIES 1. Provide the following flow information: Plant Flows Existing Plant Design 6 MGD Current NPDES Permit Limit 6 MGD Current Annual Average (past 12 months) 3.1 MGD - - For Past 12 Months: Start Date: July/2016 End Date:July/2017 For Past 24 Months: Start Date: July/2015 End Date:July/2017 Maximum Month 4.1 MGD 5.8 MGD Maximum Day 9 MGD 10.9 MGD Peak Hour 12 16 Application for Authorization to Construct Permit (FORM ATC-12-14) Page 6 State of North Carolina Department of Environmental Quality Water Resources ENVIRONMENTAL QUALITY Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) B. WASTEWATER TREATMENT FACILITY DESIGN INFORMATION —COMPLETE FOR NEW OR EXPANDING FACILITIES AND FOR TREATMENT PROCESS MODIFICATIONS Have all of the requirements of 15 NCAC 02H. 0100, 15A NCAC 02T, North Carolina General Statute 133-3, North Carolina General Statute 143-215.1, and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities been met by the proposed design and specifications? ® Yes or ❑ No. If no, provide justification as to why the requirements are not met, consistent with 15A NCAC 02T .0105(n): 2. Provide the design influent and effluent characteristics that are used as the basis for the project design, and the NPDES permit limits for the following parameters: Project Basis of Design Design Influent Design Influent Influent Concentration Load Concentration - (Must be (Must be Current Annual supported by supported by Design Effluent Average (past Engineering Engineering Concentration and/or NPDES Permit Limits 12 months) if Calculations Calculations Load (monthly average) Parameter Available [Section 3.H]) [Section 3.H]) N/A mg/L Summer 4.7 mg/L Summer Ammonia Nitrogen Process is not Process is not Process is not N/A mg/L Winter 18.5 mg/L Winter '(NH3-N) being changed being changed being changed Biochemical Process is not Process is not Process is not N/A mg/L Summer 25 mg/L Summer Oxygen Demand (BODs) being changed being changed being changed N/A mg/L Winter 25 mg/L Winter Fecal Coliform Process is•not Process is, ­hot. - ' Process is not N/A per 100 mL 200 per 100 mL being changed being•changed being changed Nitrate + Nitrite Nitrogen (NO3-N + Process is not being changed Process is not being Process is not being N/A mg/L N/A mg/L changed changed N 02-N ) Total Kjeldahl Process is not Process is not. Process is not N/A -N/A Nitrogen being changed . being changed being changed:- Process is not Process -is not Process is not N/A mg/L _ N/A mg/L Total Nitrogen being changed being changed, being changed' N/A lb/year N/A lb/year N/A mg/L N/A mg/L Total Phosphorus Process is not Process is not Process is not being changed being changed being changed N/A lb/year N/A Ib/year Total Suspended Process is not Process is not Process is not N/A mg/L 30 mg/L Solids (TSS) being changed being changed being changed 3. Based on the "Project Basis of Design" parameters listed above, will the proposed design allow the treatment facility to meet the NPDES Permit Limits listed above? ® Yes or ❑ No. If no, describe how and why the Permit Limits will not be met: Application for Authorization to Construct Permit (FORM ATC-12-14) Page 7 State of North Carolina Department of Environmental Quality Division of Water Resources Water Resources ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) 5. Per 15A NCAC 02T .0505(I), by-pass and overflow lines are prohibited. Is this condition met by the design? ® Yes or ❑ No If no, describe the treatment units bypassed, why this is necessary, and where the bypass discharges: Per 15A NCAC 02T .0505(k), multiple pumps shall be provided wherever pumps are used. Is this condition met by the design? ® Yes or ❑ No. If no, provide an explanation: 6. Per 15A NCAC 02T .0505(I), power reliability shall be provided consisting of automatically activated standby power supply onsite capable of powering all essential treatment units under design conditions, or dual power supply shall be provided per 15A NCAC 02H. 0124(2)(a). Is this condition met by the design? ® Yes or ❑ No. If no, provide (as an attachment to this Application) written approval from the Director that the facility: Y Has a private water supply that automatically shuts off during power failures and does not contain elevated• water storage tanks, and y Has sufficient storage capacity that no potential for overflow exists, and ➢ Can tolerate septic wastewater due to prolonged detention. Per 15A NCAC 02T .0505(o), a minimum of 30 days of residual storage shall be provided. Is this condition met by the design? ® Yes or ❑ No. If no, explain the alternative design criteria proposed for this project in accordance 15A NCAC 8. Per 15A NCAC 02T .0505(gi, the public shall be prohibited from access to the wastewater treatment facilities. Explain how the design complies with this requirement: The entire facility is fenced in and gated. 9. Is the treatment facility located within the 100-year flood plain? ❑ Yes or ® No. If yes, describe how the facility is protected from the 100-year flood: C. WASTEWATER TREATMENT UNIT AND MECHANICAL EQUIPMENT INFORMATION —COMPLETE FOR NEW OR EXPANDING FACILITIES AND FOR MODIFIED TREATMENT UNITS 1. PRELIMINARY AND PRIMARY TREATMENT (i.e.. ohvsical removal operations and flow eaualization): No. of Plan Sheet Specification Calculations Treatment Unit Units Type Size per Unit Reference Reference Provided? (Yes or No) Manual Bar Screen 1 1" Spacing >20 MGD at peak hourly flow 10D Series N/A No *Mechanical Bar Rotary Drum 15.75 MGD at peak hourly Screen 1 Screen flow 10D Series 462133 Yes Grit Removal 1 Grit Forced 30 MGD at peak hourly flow 10D Series 46 23 23 Yes Vortex System Flow Equalization -- gallons Primary Clarifier Circular ft diameter; ft side water depth Primary Clarifier Rectangular square feet; ft side water depth Other: Conveyors 2 Shaftless Screw 60 cf/hr 10D 41 12 14 No Conveyor Series *A 12.78 MGD rotary drum screen is being relocated from the existing headworks to the new headworks. Application for Authorization to Construct Permit (FORM ATC-12-14) Page 8 d State of North Carolina f Department of Environmental Quality Division of Water Resources ? Water Resources ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) 2. SECONDARY TREATMENT (BIOLOGICAL REACTORS AND CLARIFIERS) (i.e., biological and chemical processes to remove organics and nutrients) No. of Plan Sheet Specification Calculations Treatment Unit Units Type Size per Unit Reference Reference Provided? (Yes or No) Aerobic Zones/ Tanks gallons Anoxic Zones/ Tanks gallons Anaerobic Zones/Tanks gallons Sequencing Batch -- gallons Reactor (SBR) Membrane -- gallons Bioreactor (MBR) Secondary Circular ft diameter; ft side water depth Clarifier Secondary Rectangular g square feet; q ft side water depth Clarifier Other TERTIARY TREATMENT No. of Plan Sheet Specification Calculations Treatment Unit Units Type Size per Unit Reference Reference Provided. (Yes or No) Tertiary Clarifier Circular ft diameter; ft side water depth Tertiary Clarifier Rectangular square feet; ft side water depth Tertiary Filter square feet Tertiary Membrane square feet Filtration Post -Treatment -- gallons Flow Equalization Post -Aeration gallons Other 4. DISINFECTION No. of Plan Sheet Specification Calculations Treatment Unit Units Type Size per Unit Reference Reference Provided? (Yes or No) (Parallel; in gal/day per bank at peak hourly Ultraviolet Light series) flow; number of banks; number of lamps/bank Chlorination (Gas; tablet; gallons of contact tank/unit liquid) Dechlorination (Gas; tablet; gallons of contact tank/unit liquid) Application for Authorization to Construct Permit (FORM ATC-12-14) Page 9 State of North Carolina Water Resources ENVIRONMENTAL QUALITY S. RESIDUALS TREATMENT Department of Environmental Quality Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) No. of Plan Calculations Treatment Unit Units Type Size per Unit Sheet Reference Reference ce provided? Reference (Yes or No) Gravity Thickening Tank square feet; ft side water depth Mechanical Thickening/ Belt Filter Dewatering 2 Press 2,000 dry lb/hour 64D Series 46 76 21 Yes Aerobic Digestion gallons Anaerobic Digestion 2 Circular/Fixed 337,500 gallons 61D Series 13 34 24 Yes Cover Composting dry lb/hour Drying dry lb/hour Other: Sludge Holding Tank 1 Circular 250,000 gallons 63D Series N/A Yes 6. PUMP SYSTEMS (include influent, intermediate, effluent, major recycles, waste sludge, thickened waste sludge and plant drain pumps) Location No. of Purpose Type Capacity of each pump Plan Sheet Specification Pumps Reference Reference GPM I TDH Influent Pump Pumps raw wastewater to the Non -Clog Station 2 headworks facility Centrifugal 5,300 68 11D Series 43 23 14 Digested Sludge g g Provide a constant cold -side Horizontal Recirculation Pumps 3 flow of digesting solids to the Chopper 250 48.9 62D Series 43 23 19 heat exchanger. Belt Filter Press Pump sludge from the Feed/Transfer 3 digester to the belt filter Progressive 200 46.2 62D Series 43 23 57 Pumps presses. Cavity Main Loop Hot Recirculates hot water from Water Recirculation 2 the main loop to the boilers Inline 350 19.1 62D Series 43 23 16 Pumps and heat exchangers. Centrifugal Heat Exchanger Hot Water Recirculation 2 Recirculates hot water Inline 200 41 62D Series 43 23 16 Pumps through the heat exchangers. Centrifugal Boiler Hot Water Recirculates hot water Inline Recirculation Pumps 2 through the boilers. Centrifugal 135 52 62D Series 43 23 16 Filtrate Pumping Pump belt filter press filtrate Submersible Station (Pumps) 2 to filtrate EQ tanks Non -Clog 550 50 65D Series 432513 Non -Potable Water Provides NPW to the NPW Vertical Turbine Pumps 3 system. (Line Shaft) 225 129 67D-01 43 24 27 7. MIXERS Location No. of Purpose Type Power of each Mixer plan Sheet Specification Mixers (HP) Reference Reference Anaerobic Digesters g 4 (2 per To provide a uniform mixing Internal 5 61D Series 46 73 36 digester) of the digester sludge. Draft Tube Application for Authorization to Construct Permit (FORM ATC-12-14) Page 10 N'r`0 Water Resources ENVIRONMENTAL QUALITY State of North Carolina Department of Environmental Quality Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) Sludge Holding Tank 1 To provide a uniform mixing Submersible 8 63D Series 46 53 48 of the digested sludge. Filtrate Equalization 2 (1 per To provide a uniform mixing Submersible 4 70D Series 46 53 48 Tanks tank) of the filtrate. 8. BLOWERS Location No. of Blowers purpose Type Capacity of each Blower (Clo plan Sheet Reference Specification Reference 9. ODOR CONTROL Location No. of Units purpose Type Plan Sheet I Reference Specificatio in Reference D. SETBACKS —COMPLETE FOR NEW WASTEWATER TREATMENT STRUCTURES (� `, 1 The minimum distance for each setback parameter to the wastewater treatment/storage units. per 15A NCAC 02T .OS06(b) are as follows: Minimum Distance Is Minimum Distance Required from Nearest Requirement met by the Setback Parameter Treatment/Storage Design? If "No", identify Unit Setback Waivers in Item D.2 Below Any habitable residence or place of assembly under separate 100 ft ® Yes ❑ No ownership or not to be maintained as part of the project site Any private or public water supply source 100 ft ® Yes ❑ No Surface waters (streams — intermittent and perennial, perennial 50 ft ® Yes ❑ No waterbodies, and wetlands) Any well with exception of monitoring wells 100 ft ® Yes ❑ No Any property line 50 ft ® Yes ❑ No Have any setback waivers been obtained per 15A NCAC 02T .0506(d)? ❑ Yes or ® No. If yes, have these waivers been written, notarized and signed by all parties involved and recorded with the County Register of Deeds? ❑ Yes or ❑ No. If no, provide an explanation: Application for Authorization to Construct Permit (FORM ATC-12-14) Page 11 State of North Carolina Ki4l.` Department of Environmental Quality ` Division of Water Resources Water Resources ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) SECTION 5: APPLICATION CERTIFICATION BY PROFESSIONAL ENGINEER Professional Engineer's Certification per 15A NCAC 02T .0105: I? Will Shullattest that this application package for an Authorization to Construct (Typed Name of Professional Engineer) for the First Broad River WWTP Influent and Biosolids Improvements Project (Facility and Project Name) was prepared under my direct supervisory control and to the best of my knowledge is accurate, complete and consistent with the information supplied in the engineering plans, specifications, calculations, and all other supporting documentation for this project. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with all applicable regulations and statutes, 15 NCAC 02H. 0100, 15A NCAC 02T. North Carolina General Statute 133-3, North Carolina General Statute 143-215.1, and Division of Water Resources Minimum Desien Criteria for NPDES Wastewater Treatment Facilities, and this Authorization to Construct Permit Application, except as provided for and explained in Section 4.6.1 of this Application. I understand that the Division of Water Resources' issuance of the Authorization to Construct Permit may be based solely upon this Certification and that the Division may waive the technical review of the plans, specifications, calculations and other supporting documentation provided in this application package. I further understand that the application package may be subject to a future audit by the Division. 1'---'' though certain portions of this submittal package may have been prepared, signed and sealed by other professionals licensed in North Carolina, inclusion of these materials under my signature and seal signifies that I have reviewed the materials and have determined that the materials are consistent with the project design. I understand that in accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional Engineer's seal with written signature placed over or adjacent to the seal and dated: ` A\\\%11III////'/ OQ�:•'ss/0'•��2 SEIpL _ 043278 i ••..... v �� i i' S ►�1+ Application for Authorization to Construct Permit (FORM ATC-12-14) Page 12 State of North Carolina Department of Environmental Quality Division of Water Resources ' Water Resources ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) SECTION 6: APPLICATION CERTIFICATION BY APPLICANT Applicant's Certification per 15A NCAC 02T .0106(b): I, David Hux, Water Utilities Director, attest that this application package for an Authorization to Construct (Typed Name of Signature Authority and Title) for the First Broad River WWTP Influent and Biosolids Improvements Proiect (Facility and Project Name) has been reviewed by me and is accurate and complete to the best of my knowledge. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that in accordance with 15A NCAC 02T .0120(b), the Applicant or any affiliate has not been convicted of environmental crimes, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been abandoned or exhausted, are compliant with any active compliance schedule, and does not have any overdue annual fees. I understand that the Division of Water Resources' issuance of the Authorization to Construct Permit may be based solely upon acceptance of the Licensed Professional Engineer's Certification contained in Section 5, and that the Division may waive the technical review of the plans, specifications, calculations and other supporting documentation provided this application package. I further understand that the application package may be subject to a future audit. I understand that in accordance with General Statutes 143-215.6A and 143-215.66 any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may includ a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Signature: Date: THE COMPLETED APPLICATION AND SUPPORTING INFORMATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES/NPDES By U.S. Postal Service By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N. SALISBURY STREET, 9TH FLOOR RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 TELEPHONE NUMBER: (919) 807-6396 Application for Authorization to Construct Permit (FORM ATC-12-14) Page 13 State of North Carolina :Y Department of Environmental Quality Division of Water Resources Water Resources a ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14) SECTION 5: APPLICATION CERTIFICATION BY PROFESSIONAL ENGINEER Professional Engineer's Certification per 15A NCAC 02T .0105: I, Will Shullattest that this application package for an Authorization to Construct (Typed Name of Professional Engineer) for the First Broad River WWTP Influent and Biosolids Improvements Proiect (Facility and Project Name) was prepared under my direct supervisory control and to the best of my knowledge is accurate, complete and consistent with the information supplied in the engineering plans, specifications, calculations, and all other supporting documentation for this project. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with all applicable regulations and statutes, 15 NCAC 02H. 0100, 15A NCAC 02T, North Carolina General Statute 133-3, North Carolina General Statute 143-215.1, and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities, and this Authorization to Construct Permit Application, except as provided for and explained in Section 4.13.1 of this Application. I understand that the Division of Water Resources' issuance of the Authorization to Construct Permit may be based solely upon this Certification and that the Division may waive the technical review of the plans, specifications, calculations and other supporting documentation provided in this .--application package. I further understand that the application package may be subject to a future audit by the Division. �lthough certain portions of this submittal package may have been prepared, signed and sealed by other professionals licensed in North Carolina, inclusion of these materials under my signature and seal signifies that I have reviewed the materials and have determined that the materials are consistent with the project design. I understand that in accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional Engineer's seal with written signature placed over or adjacent to the seal and dated: `XX%J%1111!//"'' .� N•f-S AR �Q�• si0'•��i2•� SE L - 043278 / ;J Si\\\ \`�%alS�l�- Application for Authorization to Construct Permit (FORM ATC-12-14) Page 12 a hdrinc.com July 26, 2017 Mr. Ron Berry NCDEQ — NPDES Complex Permitting Unit 512 N. Salisbury Street, 911, Floor Raleigh, NC 27604 Subject: Request for Authorization to Construct City of Shelby First Broad River Wastewater Treatment Plant Influent and Biosolids Improvements Project NPDES Permit No. NCO024538 HDR PN: 10039408 & 10052355 SRF PN: CS370502-07 Dear Mr. Berry, HDR Engineering, Inc. of the Carolinas (HDR), an authorized agent for the City of Shelby, is requesting an Authorization to Construct (ATC) for the Influent and Biosolids Improvements Project at the First Broad River Wastewater Treatment Plant. Enclosed are the following items for your review for the referenced project: • ATC Application • One set of Plans and Specifications • Supporting Documentation • One Digital (CD) copy of the items above We have submitted the Erosion Control permit package to the regional Mooresville office, as well as our SRF permit package to Ken Pohlig, DWI. Demolition of the existing compost facility, installation of two (2) 337,500 gallon anaerobic digester, a 250,000-gallon sludge storage tank, a sludge control building with associated digester heating and pumping equipment, a new dewatering facility with dual 2-meter belt -filter presses and polymer blender system, dewatered cake storage, filtrate pump station, non -potable water pump station improvements (pumps), and filtrate equalization improvements (submersible mixers). Additionally the project will include demolition of the existing headworks structure, a new headworks facility with a relocated rotary drum fine screen, new rotary drum fine screen, a forced vortex grit removal system, rehabilitation of the influent pump station wet well, replacement of two influent pumps, approximately 1,100 linear feet of 30-inch force main, primary clarifier splitter box, an electrical enclosure, and an 800 kW emergency generator. The improvements will not increase plant flow capacity or change the biological or disinfection processes. As stated above, the City will be going from Class A solids handling (composting) to 440 S Church Street, Suites 900 & 1000, Charlotte, NC 28202-2075 (704)3388-6700 Class B (anaerobic digestion). The City will obtain the appropriate permits associated with this change prior to the completion of the project. The project is expected to start construction in January of 2018 and be completed within approximately 24 months. As previously discussed, the Biosolids Improvements portion of this project has been awarded a Clean Water State Revolving Fund (CWSRF) loan through the Division of Water Infrastructure. We are also submitting the funding permit package to Ken Pohlig, as required by the terms of the loan offer. We appreciate your assistance coordinating the permitting process for this project. Please feel free to contact me at contact me at 704-338-6796 should you have any questions or require additional information. Sincerely, HDR Engineering, Inc. of the Carolinas I ll. Will Shull, PE Project Engineer cc: David Hux, City of Shelby Ken Pohlig, PE, Division of Water Infrastructure A. Construction Work/Time Constraints; Sequencing and Coordination requirements: i . Phase I: a. Complete Phase I demolition work as indicated on Drawing 02C-01. b. Install new underground electrical service and transformer. c. Provide temporary electrical power to influent pump station and existing headworks. 2. Phase 11: a. Construct the new Headworks, including cast -in -place concrete, gates, process piping, equipment, etc. b, install the new screen, conveyor, washer compactor, and grit removal equipment and perfor i wet tests using non -potable water. c. Complete construction of Primary Clarifier Splitter Box. d. Install piping from splitter box to existing primary clarifier influent chamber and by coring through the wall. One of the two clarifiers can be taken out of service for up to two days at a time with prior notification of Owner/Engineer. e. Complete new 30-inch influent forcemain from new splitter box to the existing 24-inch tee which it will connect to (adjacent to influent pump station) in subsequent phase. 3. Phase iii: a. Perform temporary bypass pumping (BYP PUMP 1) from upstream manhole (refer to Dwg 02V- 01) to existing headworks. Install two plugs to isolate influent 48" sewer where new manhole is to be constructed. b. Construct new manhole and related sewer piping to allow flow to new Headworks. isolate existing sewer to prevent flow to existing headworks. c. Install temporary bypass pumping system (BYP PUMP 2) from effluent end of new headworks to new 30-inch forcemain. d. Send partial flow to new headworks via valve to test new Headworks. e. Test BYP PUMP 2 system with partial flow. f. Increase partial flow until new headworks and BYP PUMP 2 receives 100% of flow. g. Once test period is complete and with Owner and Engineer approval, pull plugs and remove BYP PUMP 1, allowing all flow to go by gravity to the new Headworks. All flow is pumped at the effluent end of new headworks with BYP PUMP 2 and through the new 30-inch forcemain. Flow is now sent to the new primary splitter box. h. Existing influent pump station is isolated at this point. i. install new electric generator. 4. Phase iV: a. Complete Phase 11 demolition work as indicated on Drawing 02C-02. b. During the outage of the influent pump station, make the connection between the existing 24- ineh tee and the new forcemain with a 24"x30" reducer fitting. c. Partially remove and plug the existing 24-inch forcemain downstream of the bypass connection. d. Plug and abandon the existing influent lines from the existing splitter box. This will require taking primary clarifiers out of service. One of the two clarifiers can be out of service for up to two days with prior notification and with approval from Owner and Engineer. e. Install the influent piping connection fi-om new headworks into existing influent pump station wet well. f. Remove the existing screen and install in the new headworks channel. g. Permanently decommission / demolish the.existing headworks including plugging the existing influent and effluent piping connections. h. Demolish the suction pipes for pumps 1 and 3 and core drill new wall penetrations. Demolish Pump 3 discharge piping. Install larger diameter piping and isolation valves. i. Install new pumps, VFD's and related mechanical, electrical and instrumentation. j. Engineer to inspect existing wet well and provide direction on repair based on unit price bid items. Allow two weeks for engineer inspection and selection of repair unit price items. k. Repair/rehabilitate wet well concrete. 1. Startup and test new pumps. m. Send flow to new influent pump station. After successful test period has ended and with notification and approval from Owner and Engineer, remove BYP PUMP 2. n. Isolate existing 24-inch forcemain by pluming line downstream of valve. m o. Complete PCS Nos. 3, 4 and 5. 5. Phase V: a. Start and complete PCS No. 4 only after PCS Nos. 3, 4, and 5 are complete. r City of Shelby I First Broad River WWTP Biosolids Improvements Executive SummaryI or i The First Broad River WWTP (FBR WWTP) is located in Shelby, NC and is the City's only wastewater treatment plant. The FBR WWTP has a permitted capacity of 6.0 mgd; current flows average approximately 3.0 mgd. The existing biosolids management program includes on -site composting of dewatered solids to produce a Class A exceptional quality (EQ) biosolids. Due to the corrosive environment, the existing composting facility is in poor condition and there is an immediate need to rehabilitate/replace the compost building structure, as well as electrical components and many other miscellaneous improvements. In addition, much of the equipment is approaching the end of its useful life and is in need of replacement over the next 5 to 10 years. HDR conducted a high level evaluation of replacing the Compost Building with the same technology or another Class A technology. The recommendation of this evaluation was anaerobic digestion, dewatering and heat drying in lieu of composting. The project will be phased with anaerobic digesting and dewatering constructed first, with considerations for a future dryer. The anaerobic digestion process for this project was sized for several different future influent flow and load scenarios including a 3X (3 process trains) industrial discharge scenario. In order to determine the digester volume, the minimum hydraulic residence time and the solids loading rate were both reviewed. A total digester volume of 675,000 gallons was selected. Based on a total digester volume of 675,000 gallons, two 45 FT diameter digesters with a sidewater depth of 28 feet and a volume of 337,500 gallons each will be constructed. This allows the plant operate at 3.5% solids at 6 mgd Max Month 3X industrial discharge while achieving a 15 day HRT. The anaerobic digesters will include associated pumping, mixing, heat exchangers, and recirculation systems. A 5,000 square foot control building with basement and upper floors is planned. Digester gas will be utilized as a fuel source for the hot water boilers in order to offset natural gas costs. A new open sludge holding tank will be constructed to store digested solids upstream of dewatering operations. A combined dewatering and drying facility will also be constructed that will house two new 2 meter belt filter presses, emulsion polymer feed system, associated piping, and a dewatered cake conveyor system. The City of Shelby will contract with a third party for agricultural land application of the cake that is created during the dewatering process. The cake will be land applied approximately every 90 days. A belt conveyor will be used to transport the cake from the dewatering building to the cake storage covered pad. City of Shelby I First Broad River WWTP Class A Biosolids Evaluation Existing Treatment and Biosolids Management Class A biosoiids management alternatives evaluation. The recommendation was anaerobic digestion, dewatering and heat drying in lieu of composting. The project will be phased with anaerobic digesting and dewatering constructed first, with considerations for a future dryer. Design criteria will be based on future industrial and domestic flows. The First Broad River WWTP (FBR WWTP) is located in Shelby, NC and is the City's only wastewater treatment plant. The FBR WWTP has a permitted capacity of 6.0 mgd; current flows average approximately 3.0 mgd. In 2014, construction was initiated for liquid treatment plant upgrades as part of the Upgrades Project. The primary objectives of the Upgrades project were to upgrade the biological treatment process to enhance nitrification to meet the revised effluent ammonia limits that went into effect in August 2016 and to repair and replace several deficient treatment components. The liquid treatment process includes influent screening with a rotating drum screen, grit removal, primary clarification, biological treatment in an activated sludge process configured to operate as a Modified Ludzack-Ettinger (MLE) process for enhanced nitrification and partial denitrification, secondary clarification, chlorine disinfection, and reaeration. Existing solids handling includes gravity thickening of waste activated solids (WAS) only or combined WAS and primary solids, an aerated holding tank for storage of primary solids and thickened WAS, belt filter press dewatering, and an on -site composting facility that allows the City to generate a Class A Exception Quality (EQ) biosolids product that can be distributed for beneficial reuse. Primary and WAS solids are currently co -thickened in a new 40-ft gravity thickener constructed as part of the Ammonia Removal Upgrades Project. The thickened solids are then directed to an aerated storage tank to accommodate dewatering operations. Thickened solids can also be pumped directly to dewatering operations. Dewatering and composting are currently operated three days per week. The dewatering process includes two 2-meter belt filter presses. The belt filter presses typically achieve a dewatered cake of 24% solids. The filtrate is directed to a Filtrate Equalization Tank to dampen recycle loads to the liquid treatment process. The dewatered cake is conveyed to the adjacent Compost System and yard waste collected within the service area is used as an amendment for the composting process. The on -site composting facility consists of an enclosed modified windrow process. The compost system is designed based on five day per week operation to accommodate a design maximum month solids load of 12,650 dry Ibslday (2,308 dry tons/year) of dewatered solids generated from the FBR WWTP. The compost facility was designed to provide a 21 day composting time in the covered process and 60 days of uncovered compost storage. Beverly Eaves Perdue Governor . A74A . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins ; Dee Freeman Director Secretary Mr. Dennis R. Wells, Water Resources Director City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 J Dear Mr. Wells: July 6, 2010 - L 5 2010 Subject: NPDES Permit. Issuance Permit No. NCO020737 Pilot Creek WWTP Cleveland County 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 17, 2007 (or as subsequently amended.) The final permit authorizes the City of Kings Mountain to discharge municipal wastewater from the Pilot Creek WWTP to Buffalo Creek, a class C water in the Broad River Basin. The final permit includes discharge limitations/or monitoring for flow, total suspended solids (TSS), BOD5, total residual chlorine, total cadmium, total cyanide, mercury, chloride, total copper, total zinc, arsenic and fecal coliform. Buffalo Creek is listed as an impaired stream on North Carolina's 303 (d) list. Currently, the stream does not meet all water quality standards. Although the Division believes turbidity is the main cause of degradation to Buffalo Creek, we will continue to monitor compliance at your facility. If noncompliance with your permit's effluent limits is.shown to be a direct cause of stream degradation, the Division will consider mitigative measures. The following procedure has been recently implemented by DWQ: Total residual chlorine (TRC) compliance level changed to 50 uE/1 Effective March 1, 2008, the Division received EPA approval to allow a 50 ug/1 TRC compliance level. This change is due to analytical difficulties with TRC.measurements. Facilities will still be required to report actual results on their monthly discharge monitoring report (DMR) submittals, but for compliance purposes, all TRC values below 50 ug/1 will be treated as zero. A footnote regarding this change has been added to the effluent limitations page in the draft permit. The Division has the folloving responses to written comments received on June 2, 2009 from the City of Kings Mountain. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877-623.6748 Internet: www.ncwaterquality.brg An Equal Opportunity \ Affirmative Action Employer NorthCarolina Yatural a Letter to Mr. Dennis Wells Page 2 • The cadmium limit has been changed to a monthly average limit of 6.1 ug/l and a daily maximum limit of 15 ug/1 in the final permit based on the results of the reasonable potential analysis and for protection of aquatic life against long term exposure. After implementation, if the facility submits 12 months of cadmium data with all values below detection, the Division will reevaluate the data and consider removing the cadmium limit, upon the City's written request. • Monitoring for total mercury has been removed from the permit but will remain in the , pretreatment Lpng Term Monitoring Plan to bV monitored quarterly. , • The Division's decision on the 24 hour exemption condition will be addressed and forwarded to the City in separate correspondence. After additional review during the draft permit period, the following items will be included in the final permit. Since the public notice of the draft permit in April 2009, additional effluent data for total arsenic has been analyzed for review. The results of this review indicate that a monthly average limit of 184 ug/l and a daily maximum limit of 340 ug/1 for total arsenic limit must be added to the final permit. Since September 2008, there have been five hits of arsenic that were greater than 184 ug/l, with the highest values of 614 ug/1 and 420 ug/1 in September and October 2008, respectively. The Division has determined that the addition of arsenic limit must be included in this permit for protection of water quality, in Buffalo Creek. The facility has had several toxicity test failures and notices of violation forwarded to the City. Based on the toxicity testing results and the City's failure to address to correspondence from DWQ's Aquatic Toxicology Unit, effluent limits for total copper and total zinc will have to be placed in the permit. Total copper monthly average and daily maximum limits of 56.7 ug/l will added to the permit. In addition, a total zinc monthly average limit of 497.2 ug/I and a daily maximum limit of 581.0'ug/l will also be placed in the final permit. The City should contact the Division's Aquatic Toxicology Unit to further discuss actions that can be taken to determine the causative factors in the continuing toxicity failures. The following modifications included in the draft permit of 4/22/2009 will remain in the final permit. ■ Monitoring for total chromium and total nickel has been deleted from the permit based on the results of a reasonable potential analysis that indicated there was no potential to exceed the instream water quality standards or action levels. These parameters will continue to be monitored in the pretreatment Long Term Monitoring plan. ■ A monthly average effluent limit of 15 ug/1 and a daily maximum limit of 22 ug/1 for cyanide will be added to the permit based on the results of the reasonable potential analysis. The analysis indicated the potential to exceed the water quality standard instream. The City's request for continuation of the modification from 85% removal for TSS has been evaluated. The previous modification was for 70% TSS removal. Based on the average TSS removal for the past three years, the volume of industrial wastewater into the treatment plant, and the determination that the Pilot Creek WWTP does not have excessive inflow and infiltration contributing to the situation, it is recommended that TSS percent removal be changed to 80%. The percent removal condition of BOD5 will remain 85%. If any parts, measurement frequencies or sampling requirements contained in this permit are r —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 a demand is made, this permit shall be final and binding. Letter to Mr. Dennis Wells Page 3 Please take notice that this permit is not transferable. The Division may require modification 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, Coastal Area Management Act, or any other Federal or Local governmental permits may be required. If you have any questions or need additional information, please contact Ms. Jacquelyn Nowell at telephone number (919) 807-6386 or email jackie.nowell@ncdenr.gov. Si erely, 1n S4,1� C een H. Sullins Attachments cc: Kim Moss, ORC/City of Kings Mountain, P.O. Box 429 City of Kings Mountain, NC 28086 EPA Region IV ooresional-Office;%:Surface Water Prote`cti n Section Aquatic Toxicology Unit/ESS PERCS/Attn: Monti Hassan (ecopy) NPDES File/NC0020737 Central Files 0 13 . I , I Permit NCO020737 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, City of Kings Mountain is hereby authorized to discharge wastewater from a facility located at the Pilot Creek WWTP Off U.S. Highway 74 Bypass West of Kings Mountain Cleveland County to receiving waters, designated as Buffalo Creek in the Broad 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 August 1, 2010. This permit and authorization to discharge shall expire at midnight on August 31, 2013. Signed this day July 6, 2010. Uk ed joe H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 0 f Permit NC0020737. SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby revoked. [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 NPDES govern discharges from -this facility. The City of Kings Mountain is hereby authorized to: 1. Continue to operate a 6.0 MGD wastewater treatment plant consisting of., • dual screw pumps • bar screen • parshall flume with recorder • flow diversion • three (3) aeration basins with diffuse_ d air • three (3) secondary claFifiers • three (3) chlorine contact basins • effluent measuring devices for each chlorine contact basin and a totalizer/recorder for the combined effluent • dechlorination unit • two (2) aerobic digesters • two (2) sludge drying beds and • belt press for dewatering waste sludge The facility is located at the Pilot Creek WWTP, off U.S. Highway 74 Bypass, west of Kings Mountain in Cleveland County. 2. Discharge from said treatment works at the location specified on the attached map into Buffalo Creek, which is a classified C water in the Broad River Basin. i(�� S '✓'� `') `-mil 1 • -- _-.. �� - I-Y 'rIV 0utfa11001 i •, �\` t,• � �- 1�_ - � ��� � � Cam'• � � ���-� � if n� �. � � �� -.� Potts � � � � 1�'�.. w Se saA � \. �1 � ! �--; Jl ` • '`� V' o ! j� '; ; � � , �\ , Vim' `�-� � j \',� �� Icy; ` ,..1 ,J ��• ._/ `��! �� , ✓� 1 I,0. %� ��"�� ` ��f '-u\ •��� ` \ •�;� r , Pilot Creek WWTP NCO020737 Facility s - . "'. Location;,. USGS Quad Name: Waco Lat.: 35'15'3591 . Receiving Stream: Buffalo Creek Long.:81°27'26" Stream Class: C Subbasin: Broad - 030805 North City of Kings Mountain I 0 . �_ v Permit NCO020737 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001.. Such discharges shall be limited and monitored by the. Permittee as CTPl.1fl P/� }1P�ll�if• VEFFLUENT v CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow ,/ 6.0 MGD Daily Insjantaneous Influent or Effluent BOD51 202C (April 1- October 31 2 28.0 m /L 42.0 m /L Daily Composite Effluent, Influent BOD5, 202C (November 1-March 31)2 30.0 mg/L 45.0 mg/L Daily Composite Effluent, Influent Total Suspended S61ids3 30.0 m /L 45.0 m /L Daily Composite Effluent, Influent NH3 as N (April 1- October 31 ✓ , 2.6 m /L 7.8 m /L Daily Composite Effluent NH3 as N November 1-March 31 ✓' 8.9 m /L 26.7 m /L Daily Composite Effluent Dissolved Oxygen4 ✓ Daily Grab Effluent Fecal Coliform ✓ (geometric mean 200 / 100 ml 400 1100 ml Daily Grab Effluent Total Residual Chlorines ✓ 28 L Daily Grab Effluent H ✓ Between 6.0 - 9.0 Standard Units Daily Grab Effluent Temperature °C - Dail Grab Effluent' Total Nitrogen NO2 + NO3 + TKN Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicit 5 Quarterly __Composite Effluent Total Arsenic 1/ 184 ug/L 340 /L Weekly Composite Effluent Total Cadmium V 6.1 /L 15 /L Weekly Composite Effluent Total Cyanide ✓ 15 /L 22 L Weekly Grab Effluent Chloride -- ✓1 2/Month Composite . Effluent Total Copper �/ , 56.7 /L 56.7 /L Weekly Composite , Effluent Total Zinc ✓ 497.2 /L•• 581 /L Weekly Composite Effluent Dissolved Oxygen ,/ See note 7 Grab Upstream, Downstream Temperature (OC) ✓ See note 7 Grab Upstream, Downstream Priority Pollutant Scan See *condition A. 3 of this permit Conductivity V See note 7 Grab Upstream, Downstream Notes: I. • Sample locations: Upstream - Upstream 100 yards above outfall; Downstream - Downstream at NCSR 1103. 2. The monthly average effluent BOD5 concentration shall not exceed 15% of the respective influent value (85% removal). 3. The monthly average effluent Total Suspended Solids concentration shall not exceed 20% of the respective influent value (80% removal): This waiver from the 85% removal requirement applies only for the term of the permit. Continuation of this waiver must be requested upon renewal. _ 4. The daily average dissolved oxygen concentration shall not be less than 5. 0 mg/L. 5. The Division shall consider all effluent total residual chlorine values reported below 50 µg/1 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. 6. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Ceriodaphnia dubia at 33%. Testing shall be conducted in January, April, July' and October (see Part A. (2.)). Toxicant sampling shall coincide with toxicity testing. 7. Instream samples shall be collected three times per week during the months of June -September and once per week during the remaining months of the year. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO020737 A. (2.) CHRONIC TOXICITY PERNHT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Cenbdaphnia dubia-at an effluent concentration of 33%. 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, and 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. If reporting pass/fail results using the parameter code TGP3B, DWQ. Form AT-1. (original) is sent to the below. address. If reporting Chronic Value results using the parameter code THP313, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 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 N60020737 A. (3.) EFFLUENT POLLUTANT SCAN ' The Permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the attached table (in accordance with 40 CFR Part 136). Samples shall represent seasonal variations. Unless otherwise indicated, metals shall be analyzed as "total recoverable." Ammonia (as N) Trans-1,2-dichloroethylene Bis (2-chloroethyl) ether Chlorine (total residual, TRC) 1,1-dichloroethylene Bis (2-chloroisopropyl) ether Dissolved oxygen 1,2-dichloropropane Bis (2-ethylhexyl) phthalate Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate , Oil and grease Methyl bromide 2-chloronaphthalene Phosphorus Methyl chloride 4-chlorophenyl phenyl ether Total dissolved solids Methylene chloride Chrysene Hardness 1,1,2,2-tetrachloroethane Di-n-butyl phthalate Antimony Tetrachloroethylene Di-n-octyl phthalate Arsenic Toluene Dibenzo(a,h)anthracene Beryllium 1,1,1-trichloroethane 1,2-dichlorobenzene Cadmium 1,1,2-trichloroethane 1,3-dichlorobenzene Chromium Trichloroethylene 1,4-dichlorobenzene Copper Vinyl chloride 3,3-dichlorobenzidine Lead Acid -extractable compounds: Diethyl phthalate Mercury F P-chloro-m-cresol Dimethyl phthalate Nickel 2-chlorophenol 2,4-dinitrotoluene Selenium 2,4-dichlorophenol 2,6-dinitrotoluene Silver 2,4-dimethylphenol 1,2-diphenylhydrazine Thallium 4,6-dinitro-o-cresol Fluoranthene Zinc 2,4-dinitrophenol Fluorene Cyanide 2-nitrophenol Hexachlorobenzene Total phenolic compounds _ 4-nitrophenol. Hexachlorobutadiene Volatile organic compounds: Pentachlorophenol Hexachlorocyclo-pentadiene Acrolein Phenol Hexachloroethane Acrylonitrile 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene Benzene Base -neutral compounds: Isophorone Bromoform Acenaphthene Naphthalene Carbon tetrachloride Acenaphthylene Nitrobenzene Chlorobenzene Anthracene N-nitrosodi-n-propylamine Chlorodibromomethane Benzidine N-nitrosodimethylamine Chloroethane Benzo(a)anthracene N-nitrosodiphenylamine 2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene Chloroform 3,4 benzofluoranthene Pyrene Dichlorobromomethane Benzo(ghi)perylene 1,2,4-tichlorobenzene 1,1-dichloroethane Benzo(k)fluoranthene 1,2-dichloroethane Bis (2-chloroethoxy) methane Test results shall be reported to the Division in DWQ Form- A MR-PPAI or in a form approved by the Director. within 90 days of sampling. The report shall be submitted to the following address: Division of Water Quality, Surface Water Protection Section, Central Files, 1617 Mail Service Center, Raleigh, North Carolina 27699; 1617. , 0 0 n • 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 Version 712009 NPDES Permit Standard Conditions Page 2of18 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 ➢ 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. 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" during the calendar month. Da4 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. 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. Version 712009 NPDES Permit Standard Conditions Page 3 of 18 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 CWA. 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 limitl 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 CWA. U set 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 limitl 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 CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 712009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] 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 1219 (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 Version 712009 NPDES Permit Standard Conditions Page 5 of 18 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 Eights 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 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 15013-23]. 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 Version 712009 NPDES Permit Standard Conditions Page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 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. 1 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 (0]. 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 211.0100; 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. Version 712009 NPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls , 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.02011. The ORC of each Class I facility 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 8G.0204. The ORC of each Class II, III and IV facility 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 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 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)]. 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)] Version 712009 NPDES Permit Standard Conditions Page 8 of 18 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. U sets 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. 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 Version 712009 NPDES Permit Standard Conditions Page 9 of 18 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) 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 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 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 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://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 712009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter 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. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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; Version 712009 NPDES Permit Standard Conditions Page 11 of 18 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 additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or 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)]. 4. Transfers This permit is not transferable to any person without approval from 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 CWA [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)]. Version 712009 NPDES Permit Standard Conditions Page 12 of 18 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. 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 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. Version 712009 NPDES Permit Standard Conditions Page 13 of 18 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 / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 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' ; (l) 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'; (l) 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 712009 NPDES Permit Standard Conditions Page 14 of 18 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. Definitions In addition to the definitions 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 (b) (i) and (j)] 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 POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] 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 POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. 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 sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, 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. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 712009 NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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. 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. Prohibited Discharges a. Under no circumstances shall the Permittee allow 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 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow 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 may 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, nonbiodegradable 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; 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 WWTP, 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 VW 'M The Permittee shall report such discharges into the WWTP 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 Version 712009 NPDES Permit Standard Conditions Page 16 of 18 and times; and 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, 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 discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (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 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. [40 CFR 122.44 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.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 2H.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 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (ITS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (fl (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users 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. 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 B, 2, c, of this Part. 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.). [15A NCAC 2H.0906 (b) (2) 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 Version 712009 NPDES Permit Standard Conditions Page 17 of 18 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 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 211.0909. 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 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 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AjQ 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 2H.0906 (b) (6) 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 2H .0908(d); 40 CFR 403.8(0(2)(v)]. 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 at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 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 214.0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(�(1)(v) and (2)(iii); 40 CFR 122.440) (2)] 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. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f (5)] 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 submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 712009 NPDES Permit Standard Conditions Page 18 of 18 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, Emergency Response, and Collection Systems Unit (PERCS) 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 Industrial Users (IUs) 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 DSQ Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) in SNC. 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 IUs 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 Industrial Users (IUs) 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. [15A NCAC 2H .0903(b) 35,..0908(b)(5) and .0905 and 40 CFR 403.8(f(2)(vii)] 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. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) 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 (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 712009 To: Construction Grants & Loans Section ATTN: Michelle McKay Date: October 13, 2010 FILE WS V4 AUTHORIZATION TO CONSTRUCT NPDES PERMIT STAFF REPORT AND RECOMMENDATIONS County: Cleveland Permit No. NCO024538 WWTP Improvements PART I - GENERAL INFORMATION 1. Facility and Address: City of Shelby WWTP Post Office Box 207 j O S . -�- Shelby, N.C. 28151 2. Date of Investigation: October 7, 2010 3. Report Prepared By: Samar Bou-Ghazale, Env. Eng. 11 4. Person Contacted and Telephone Number: Charles Willis, Consultant Engineer, Tel# 704-338-4668. 5. Directions to Site: Travel south from the City of Shelby on Hwy. 18 to the jct of Hwy. 18 and the second intersection with Old Gaffney Road. Turn right at this intersection and immediately bear left onto a paved access road. The WWTP will be at the end of this paved access road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35" 14' 24 Longitude: 810 34' 29" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 12 NE 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Gently rolling topography, 3-8% slopes. The WWTP site is not located in a flood plain. 9. Location of Nearest Dwelling: Approx. 500f feet from the WWTP site. Page Two 10. Receiving Stream or Affected Surface Waters: First Broad River a. Classification: C b. River Basin and Subbasin No.: Broad 03-08-04 Describe receiving stream features and pertinent downstream uses: Good flow in the River. Downstream uses are primarily agriculture. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: 6.0 MGD (Design Capacity) b. What is the current permitted capacity: 6.0 MGD C. Actual treatment capacity of current facility (current design capacity): 6.0 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A 2 3 4 5 e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of mechanical screening and grit removal followed by two primary clarifiers, two trickling filters (not in operation at this time), six diffused aeration tanks, four final clarifiers, a chlorine contact chamber, dechlorination, an aerated sludge mixing/holding tank, a sludge thickener, two filter belt presses, dual stand-by power generators, and a composting facility consisting of ten bay sludge compost building. Please note that there is no sludge incinerator at the facility. f. Description of proposed WWT facilities: The proposed WWT facilities will consist of the rehabilitation of both trickling filters at the facility and this will involve the installation of new seals, pumping equipment, valves and piping for the rotary distributor and the trickling filter pump station. g. Possible toxic impacts to surface waters: This facility failed its toxicity test in November 2008. h. Pretreatment Program (POTWs only): approved. Residual .handling and utilization/disposal scheme: Residuals are being composted using an in -vessel type operation and are distributed as a Class A soil conditioner. Treatment Plant Classification: Class IV (no change from previous rating). SIC Code(s): 4952 MTU Code(s): 40005 Wastewater Code(s): 01 Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? Stag Grant in the amount of $192,900. 2. Special monitoring or limitations (including toxicity) requests: N/A. Important SOC/JOC or Compliance Schedule dates: N/A PART IV - EVALUATION AND RECOMMENDATIONS The City of Shelby requests an authorization to construct for the rehabilitation of the two existing trickling filters at the facility. Rehabilitation of existing wastewater treatment do not require an A to C, however, the reason for this application was for the grant money that is expected to be received through a STAG grant in the amount of $192,900. The two trickling filters in question were taken out of service in 2005 after reaching the end of their useful life and were decommissioned. The trickling filters were constructed in the late 1950's as part of the original plant. When the plant was upgraded in the 1990's, the City did not anticipate the later removal of the trickling filters and they built the activated sludge process ( 6 small aeration basins) to provide additional BOD removal and nitrification. After removal of the trickling filters in 2005, the plant has demonstrated a fairly limited ability to provide consistent treatment and has difficulty maintaining adequate nitrification. Instead of rehabilitating the trickling filters, the City could expand the activated sludge process. However, the present worth of this alternative would cost the City around $6,000,000.00 while the rehab of the trickling filters would cost approx. $1,000,000.00. The new permit limits for the summer ammonia nitrogen is 4.7 mg/l. The permit became effective in August 2010. A review of the June DMR revealed the monthly limits to be 10.7 mg/l. In a conversation with Charles Willis, Consultant, it was learned that the Trickling Filters media will remain the same. Pending review and concurrence by Construction Grants & Loans Section, it is recommended that the authorizations to construct be issued. P 4 Signature of Repo � arer Date Water Quality Regional Supervisor Date NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 1, 2010 MEMORANDUM TO: Mooresville Regional Water Quality. Supervisor Mooresville Regional Office, Division of Water Quality FROM: Michelle McKay, Project Review Engineer Design Management Unit SUBJECT: Request for an Authorization to Construct First Broad River WWTP NPDES Permit No. NC0024538 Dee Freeman Secretary RECEIVED DIVISION OF WATER QUALITY OCT 0 5- 2010 SWP SECTION MOORESVILLE REGIONAL OFFICE Plans, specifications and supporting documents have been received for the subject project. It is requested that comments and recommendations, including the items listed below, be received by November 1,.2010 from the Regional Office Staff- M5 Compliance With NC Well Construction Standards Groundwater Comments Recommendations for inclusion in the Authorization to Construct Recommendations for inclusion in the Non Discharge Permit Schedule for Issuance of the NPDES Permit SOC, or Other Schedules Which Must be Met Standby Power Needs . Status of Stormwater Permit Plan documents are submitted as follows for your reference, review, and comments on the above items: _X _Plans and Specifications Subsurface/Soils Report Power Outage Information Other If you have any questions, please contact me at (919) 715-6217. Attachment in cc: Michelle McKay, E.I. Delphine Randall ATC Files 1633 Mail Service Center, Raleigh, North Carolina 27699.1633 Location: 2728 Capital Blvd. Raleigh, North Carolina 27604 NonrthCarolina Phone:: www.ncwate \ FAX: org 715 6229 \Customer Service: l 877 623 6748 �RtuNR��� Internet: www.ncwatergtiality.org An Equal Opportunity \ Affirmative Action Employer WIIIISENGINEERS September 28, 2010 ,Ec-iv ; I Division of Water Quality 3EP 200 2010 Construction Grants and Loans Section 1633 Mail Service Center Raleigh, North Carolina 27699-1663�IaI�CTI(PdT LOAN ETKA Subject: City of Shelby First Broad River WWTP Contract 10.0 —Trickling Filter Improvements Gentlemen: 925.024 (34) The City of Shelby is renovating the trickling filters at the First Broad River WWTP. The immediate need for the project is to improve nutrient removal as documented in the Engineers Report dated March 2010. We are submitting the following items on behalf of the City for your review and approval: • Authorized Agent letter from the City of Shelby • Authorization to Construct Application Form • Submittal Checklist for Plans and Specifications of Projects Funded Through CG&L • US EPA Plans and Specifications Review Checklist • Engineer's Certification for Compliance with NCGS 133-3 • Engineer's Report dated March 2010 • Two sets of Contract Documents and Contract Drawings for Contract 10.0 — Trickling Filter Improvements Should you have any questions or need additional information, please feel free to call me at 704.338.4668. Yours very truly, WILLIS ENGINEERS a.,, Y_ aw-vl Charles A. Willis, Jr., P.E. Attachments cc w/ Attachments: Mr. Brad R. Cornwell, PLS 10700 Sikes Place, Suite 230 Charlotte, North Carolina 28277 704.377.9844 Fax 704.377.2965 e NORTH CAROLINA Post Office Box 207 • Shelby, NC 28151-0207 i September 27, 2010 Division of Water Quality Construction Grants and Loans Section 1633 Mail Service Center Raleigh, North Carolina 27699-1663 d A Attention: Mr. Seth Robertson 4 2901Q Design Management Unit Supervisor ; Subject: Request for Authorization to Construct i,v, i w' Chi i City of Shelby iT First Broad River WWTP Trickling Filter Improvements Gentlemen: The City of Shelby is constructing improvements to our wastewater treatment facilities to restore operation of the Trickling Filters. We request issuance of an Authorization to Construct for these improvements. We are submitting herein a completed application package prepared by Willis Engineers. Should you have any questions or need additional information, please feel free to call our Engineer for the project, Chuck Willis, at 704.338.4668. Yours very truly, CITY OF SHELBY Brad R. Cornwell, PLS Utilities Director Attachments cc w/ Attachments: Mr. Charles A. Willis, Jr., P.E., BCEE www.cityofshelby.com Qw� CHARLES R. UNDERWOOD, INC. 2189 EVERETT DOWDY ROAD, SANFORD, NC 27330 N. F. "PETE" LOWE Phone 919.775 2463 Fax 919-708-7232 Customer: Charles`: _arwood, Inc. 2189 Everett Dowdy Road Sanford, NC 27330 USA 22 Contact: 416�iT�,t'"' ,t y Project: SHELBY, NC TRICKLING FILTER PUMP Phone : 919-775-2463 Fax: 919.708-726 ,4N� ' , Quote No.: US-7021-91 Page No: 1 Date : Wednesday, February 18, 2009 �'T''� Pump Model: Peerless Vertical -14HH 1 Stage imm Dia. finch) Nom. Speed: 1180 RPM, 60 Hz Electric S he No• Trim Status 02-in x 02-out Market ; Vertical Turbine Pump -- Full -- impeller No,- 2621959 / HC --- Full 8.13 x 10.56 Material Spec. Group: A - B: CIE; is Brz = Standard 1 Trimmed 7.67 x 10,36 Item; 1 Fluid: Water Flow rate Q: 2100 US gpm Your Ref.: Bowl Total Head ft Temperature: 68 "F bowl Efficiency: 7g �/, Viscosity: 1.007 cSt Bowl Power Required: 15.14 hp Sp. Gravity: 1.000 (base temp. 68'F) NPSH Required 5.575 ft Performance curve according to Hyd Inst-Peerless Std 137-8.13 x 10.56, D2.7.38 x 10.22, D3-6.69 x 9.88 �0 40 30" '60 m 20' 40 x 10 0, 0 w c3 10 4= 30- 20: a 10: z r 15: 10' 5- a 1,000 2,000 3,000 4,600 Flow - US 9Pm Comments Refer to factory for all single polnt bowl performance guarantees. Pumps must be 4eleaed with Hydraulic Institute -Peerless Std. See Std Hydraulic Performance document in RAPID for testing tolerances; 8 contractual guarantees. Flow Head Efficiency Power Required NPSH Required Thrust (US 9Pm) 00 N (hp) (ft) (lb) 0.0 39.3 0.0 17.8 1164,85 382.1 35,9 21.2 16.3 1034.30 764.3 32.5 40.0 15.7 886.85 1146A 29.5 55.5 15.4 ° 787.11 1628.5 26.0 67.9 15.3 7.8 708.94 1910.7 24.2 75.5 15.2 5.3 514.06 2292.8 20.6 79.9 15.0 6.5 483.06 2674.9 1519 76.1 14.1 9.0 330.30 3057.0 9.7 62.8 12.0 192.52 Psarinss Pump Company . RAPID v".5.6 - 23rd I*Amh 2007. NMR1" 30.52 53.3 0"0 Motor Adepts' Discharge I T= 0.0 22.6 12x12x20G 1.251 T=1. Sole Plate 160 204 1 0.00 Sectric Nbtor VHS, GE 20.0 hp, 1180 tpm 3 Ph., 60W. 460V, Frame L2661P, 25 Incl. VM 12_S0t Flange Size Norrinal 12 Pressure Nominal: 125 psiA ANSI FF 27,50 027.50 25 17.50 # .. i 13.75 1 01.25 - 4 Holes I 17.50 01.25-4Holes ,Bolt Circie-(a25.00 I 12.00 01schame Heads T1me: S. SHP, FA Discharge Heads Type: G GHP. C. CHP FRA I i 29.00 a 0 22_0 - lutin. Opening 0 1. 12 - 4 Anchor Holes 14.60 • 1.50 I 012.0 Nominal Column Design: Flanged. Encl. Line Shaft (ELS) i o Number of column segments: 2 32.00 I 01.19 I i Rrmp Model 14HR 1 stages 1fi.00 Configuration of BowfAssenbty: L4 ® ! Sole Plate Detail Of Su lied 144 1 t Normal Water Level 27.3 Max. Dtarreler of Bowl Asserrbly 015.00 52.4 Notes tufiirrum Required �q ;.,1�' Base Rate requires support on all 4 sides. Water Level Anchor Bolts by Others 12.75 head instructions before beginning purrp asserrbly or installation -i`-E fa 16.25 DryWeights M PUMP) f Ib 1: 3.94-Relerence g.0 BowiAsserrbty 541.0 r Column 869.4 Discharge Head 7201) Motor 417.0 Project : SHELBY, NC TRICKLING FILTER FCapacity: 2100 (US gpm) FramelModel: L286TP Customer: Charles Underwood, Inc. ! Total Head: 22(ft) Elec. Spec.: Ph. Item No.: j Pump Speed: 1180 {RPMI Service Factor: Quote No.: US•7021-91 Impefter Dia.: 9.11 (inch) Rotation: counter -clockwise Purnp Model: Peerless Vertical -14HH Power: 20 (hp) EnclosuretType: (W5 CHARLES R. UNDERWOOD, INC. 2109 EVERETT DOWDY ROAD, SANFORD. NC 27330 N. F. "PETE" LOWE Phone 919-775-2463 I1ate : Wednesday, February 18, 2009 Page No : 1 Peeress Pump tompanr • RAPID v8-26.6 - 23rd MaarM 2MY ENGINEER'S CERTIFICATION For , Compliance with North Carolina General Statute 133# "� I, Charles A. Willis, Jr. , as a duly registered Professional Engineer (please print) in the State of North Carolina, am familiar with NCGS 133-3, and have reviewed the plans and specifications associated with the subject project: Permit Number: NCO024538 Project Name: First Broad River WWTP Trickling Filter Improvements Location: City of Shelby I hereby certify that all plans and specifications associated with this project are in compliance with NCGS 133-3. Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 Signature Date Z9309)r/ a Registration No 1,77 to cARp4� oo =p6,o SSlOr v �ra� _ o IV1fl o� e �J9'V��N e`Va` cb, `J o °d �C J�S A Nh'\\`" ' ��6p3c$CR$053�'�� In accordance with NCGS 133-4, any person, firm, or corporation violating the provisions of NCGS 133-3 shall be guilty of a Class 3 misdemeanor and upon conviction, license to practice his profession in this State shall be withdrawn for a period of one year and he shall only be subject ton fine of not more than five hundred dollars ($500.00). North Carolina General Statute 133-3 § 133-3. Specifications to carry competitive items; substitution of materials. All architects, engineers, designers, or draftsmen, when providing design services, or writing specifications, directly or indirectly, for materials to be used in any city, county or State work, shall specify in their plans the required performance and design characteristics of such materials. However, when it is impossible or impractical to specify the required performance and design characteristics for such materials, then the architect, engineer, designer or draftsman may use a brand name specification so long as they cite three or more examples of items of equal design or equivalent design, which would establish an acceptable range for items of equal or equivalent design. The specifications shall state clearly that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Where it is impossible to specify performance and design characteristics for such materials and impossible to cite three or more items due to the fact that there are not that many items of similar or equivalent design in competition, then as many items as are available shall be cited. On all city, county or State works, the maximum interchangeability and compatibility of cited items shall be required. The brand of product used on a city, county or State work shall not limit competitive bidding on future works. Specifications may list one or more preferred brands as an alternate to the base bid in limited circumstances. Specifications containing a preferred brand alternate under this section must identify the performance standards that support the preference. Performance standards for the preference must be approved in advance by the owner in an open meeting. Any alternate approved by the owner shall be approved only where (i) the preferred alternate will provide -cost savings, maintain or improve the functioning of any process or system affected by the preferred item or items, or both, and (ii) a justification identifying these criteria is made available in writing to the public. Substitution of materials, items, or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. The purpose of this statute is to mandate and encourage free and open competition on public contracts. (1933, c. 66, s. 3; 1951, c. 1104, s. 5; 1993, c. 334, s. 7.1; 2002-107, s. 5; 2002-159, s. 64(c).) S. ENVIRONMENTAL PROTECTION AGENCY REGION 4 SPECIAL APPROPRIATIONS PROJECTS (SPAPs) ,PLANS AND SPECIFICATIONS REVIEW EPA Project Number: XP Date: September 23, 2010 Applicant: City of Shelby Project Name: Trickling Filter Improvements, First Broad River WWTP Description of the proposed project. Project consist of renovation and recommissioning of existing trickling filters and trickling filter pump station. All new equipment is a direct replacement of existing equipment. P.O. (signature) Date (approval) COMPARISON OF SPAP FINAL DESIGN WITH EPA GRANT OFFER Does final design agree with the scope of the work plan in the grant offer? ENVIRONMENTAL CONSIDERATIONS 1. Has an Environmental Information Document (EID) been prepared on this project? 2. Has EPA issued a FNSI, a categorical exclusion or an EIS? If yes, have all recommendations of the FNSI or EIS been followed? 3. Do the plans and specifications conform to the construction proposed in the issued CE, FNSI, or EIS? Yes ® No ❑ Yes X❑ No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes El No ❑ 03/15/04 1 of 4 EPA Region 4 SPECIFICATIONS AND CONTRACT DOCUMENTS 1. SUPPLEMENTAL GENERAL CONDITIONS included in the yes 0No ❑ specifications? If "yes", then every item marked below with an can be answered ,"yes". 2. Time and place of bid opening? Yes In No ❑ 3. Description of the work to be performed? Yes ® No ❑ * 4. Statement that "any contract(s) awarded under this invitation yes ❑X No ❑ for Bids are expected to be funded in part by a grant from the U.S. Environmental Protection Agency? Neither the Untied States nor any of its departments, agencies or employees is or will be a party to this Invitation for Bids or any resulting contract"? * 5. Statement that bidders must comply with the President's yes ❑X No ❑ Executive Order Numbers 11246 as amended which prohibit discrimination in employment regarding race, creed, color, sex or national origin? * 6. Statement that bidders must comply with the Anti -Kickback yes 0 No ❑ Act and the Contract Work Hours Standards Act? * 7. Certification of prior work under Executive Order 11246 Yes X❑ No ❑ (Equal Employment Opportunity)? * 8. Statement that the bidder must make positive efforts to use yes 0 No ❑ small and minority owned business and women business enterprises? * 9. Bid Bond Requirements? (5% for contracts over $100,000) yes 0 No ❑ * 10. 100% Performance Bond and 100% Payment Bond (for yes 0 No ❑ contracts over $100,000)? Two bonds are required. * 11. Method of Award (to the lowest responsive, responsible yes No ❑ bidder)? 12. Basis for determining responsiveness and responsibility of low yes 0 No ❑ bidder? 03/15/04 . 2 of 4 EPA Region 4 PPPPPP` 13. Definite completion Time: Contract ID or # 10 .0 14. Liquidated Damages: $ 500 per day. 15. Criteria that are to be used to evaluate "equal' products? Experience Clause or Warranty Bond for equipment, where equal product is specified. # of days 180 Yes 0 No ❑ Yes 0 No ❑ * 16. Special notice to bidders concerning EO 11246? Yes X❑ No ❑ * 17. Special notice to bidders concerning EEO Documentation? Yes El No ❑ 18. Flood Insurance, if necessary? NA 0 Yes ❑ No ❑ * 19. Right of entry guaranteed to representatives of the U. S. Yes 0 No ❑ Environmental Protection Agency and State Water Pollution Control Agency? * 20. Change Orders to the construction contract comply as per 40 CFR §31.30? * 21 Termination for cause and or convenience by the grantee or subgrantee provision? ENGINEERING PLANS 1. Are the plans stamped by a Professional Engineer? 2. Do the plans conform with the work to be performed? Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ 03/15/04 3 of 4 EPA Region 4 SUPPLEMENTARY INSTRUCTIONS "or equal" That no specification for bids in connection with such works shall be written in such a manner as to contain proprietary, exclusionary or discriminatory requirements other than those based on performance, unless such requirements are necessary to test or demonstrate a specific thing or to provide for the necessary interchangeability of parts and equipment, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words "or equal". Basis for determining responsiveness and responsibility of low bidder: A contract shall not be awarded to any contractor that is in violation of The Clean Air Act and/or the Federal Water Pollution Control Act or that utilizes any facility included on the EPA List of Violating Facilities. Any conditions which are established for awarding the contract to the low bidder must not be excessively restrictive in nature. Responsiveness may be defined by: 1. The completeness and regularity of the Bid Form. 2. A Bid Form without exclusions or special conditions. 3. A Bid Form having no alternative bids for any items unless requested in the technical specification's. Responsibility may be, based on whether the bidder: 1. Maintains a permanent place of business. 2. Has adequate plant equipment to do the work properly and within the time limit that is established. 3. Has adequate financial status to meet his obligations contingent to the work. 4. Has responsiveness and responsibility been defined in concrete terms? Flood Insurance: The contractor is required to carry flood insurance for projects located in designated flood hazard areas in which flood insurance is available. Experience Clause: The general use of experience clauses requiring equipment manufacturers to have a record of satisfactory operation for a specific -period of time or bonds or deposits to guarantee replacement in the event of failure is restricted to special cases where the grantee's engineer adequately justifies any such requirement in writing. Where such justification has been made, submission of a bond or deposit shall be permitted in lieu of a specified experience period, and the period of time for which such bond or deposit is required should not exceed the period specified. 03/15/04 4 of 4 EPA Region 4 a:� XA �- i •b ` Y3 .`1 NORTH CAROLINA DIVISION OF WATER QUALITY CONSTRUCTION GRANTS & LOANS SECTION SUBMITTAL CHECKLIST FOR PLANS AND SPECIFICATIONS OF PROJECTS FUNDED THROUGH CG&L March 2008 Complete all applicable sections. The completed checklist must be included for a submittal to be considered complete. For any project that requires review under the State Environmental Policy Act (SEPA) a permit cannot be issued, nor can plans and specifications be approved for funded projects, prior to the completion of a State Clearinghouse advertisement period for a FNSI, EIS, etc. However, we are willing to receive documents that are otherwise complete and initiate review of the plans and specifications after the FNSI, EIS, etc. has been submitted to the Clearinghouse. Any submittals that are incomplete will be returned. Contact Information Date: September 23, ?01.0 Owner: City of Shelby Contact Person: David. Hux Telephone Number: 704.669.6570 Engineer of Record: Charles A. Willis, Jr. Engineering Firm: Willis lJngineers Telephone Number: 704.338.4668 Address: Post Office Box 207 Shelby, :N(1 28.1.51 Address: 10700 Sikes Place, Suite 230 Charlotte, NC, 28277 Background Information Provide a brief description of the existing and proposed systems: Project consist of renovation and recommissioning of existing trickling filters and tricl:.ling filter prunp station. All Iaew equipment is a direct: replacement of existing equipment. Provide the existing and speculative/anticipated NPDES permit limits, if applicable: Existing NPDES permit is included in the attached Report. Other pertinent/supporting information to expedite review and approval: As discusssecl in the attached report, the project invloves renovation and reconu-nissionirig the original trickling filters and trickling filter- pump station to their original operating conditions. The proposed project does not create=.any new environmental concerns and in no way palters the existing operatio.ias. A. Applications/Fees Permits and Forms Fees Application Provided (0) Authorization to Construct ATC Application August 2007 No Fee Pump Stations, Force Mains, Gravity Sewers, Pressure Sewers PSFGSA 03/08 $480 PSSA 03/08 $480 WSCAS 12/07 Irrigation Systems Application Modification Major Permit $1,310 $395 Minor Permit $810 $245 WWIS 12-06 HRIS 12-06 Reclaimed Water Systems Major Permit $1,310 $395 Minor Permit $810 $245 RWCS 12-06 RWDS 12-06 RWNCS 12-06 El B. Plan Submittal Provide information as applicable. (®) Notes Two sets of plans: signed, sealed, and dated by a NC Professional Engineer and stamped "Final Drawing - Not Released For Construction". All property lines, construction easements, Not applicably, project located on permanent easements, and ROW shown. ekistilig WWTP All wells within 125 feet shown. ❑ Not applicable For earthen -lined treatment units, or irrigation, or El Not applicable disposal sites all wells within 500 feet. For WWTP all houses and places of public assembly ❑ Not applicable. within 100 feet shown. For lagoons and irrigation projects all houses and ❑ Not applicable places of public assembly within 400 feet shown. For sewer/pipeline and WWTP all wetlands, , ❑ Not applicable. watercourses, and drainage features within 50 feet shown. For irrigation projects all wetlands, watercourses, ❑ i[ot: applical)ie and drainage features within 500 feet shown. Petroleum contamination addressed ElNzt( applict [)i,, Sewer extensions in area designated on State ❑ i ol. tpl)lit_,&IC- Registry of Natural Heritage Areas. Sewer extensions in area dedicated as an NC Nature ❑ .N-ot xIpPIiC,,ibie Preserve. C. Specifications (Contract Documents) Submittal Provide information as applicable. (®) Notes Two sets of technical specifications: signed, sealed, and dated by a NC Professional Engineer. Advertisement for Bids Information for Bidders Bid Form (gravity sewer broken out by unit price for various depths, if applicable) Bid Bond Agreement Payment Bond Performance Bond Notice of Award with Owner and Contractor signature lines, not Engineer. Notice to Proceed with Owner and Contractor signature lines, not Engineer. Change Order Form General Conditions Special Conditions Technical Specifications SRF Special Conditions, if applicable ❑ Not applicable STAG Special General Conditions, if applicable Minority Business Forms for Local Government Projects Minority Business Guide Dispute Resolution with mediation for Local Governments Contract Duration Construction, Sequence Subsurface Investigation, if applicable Not applicable NCDOT Encroachment Agreement El Not applicable Railroad Encroachment ❑ Not applicable Petroleum contamination addressed El Not applicable Scope of work matches approved Engineering Report Or D. Supplemental Documentation Provide information as applicable. (®) Status if not included STAG checklist, if applicable Executed Interagency Agreements, if applicable 11 Not applicable Updated Cost Estimate ® In Report: dated March 2010 Engineer's Certification signed, sealed, and dated by the Engineer Of Record stating that the project complies with G.S. 133-3. Reports, if applicable Agronomist Report ❑ Not applicable Soils Report ❑ Not applicable Hydrogeologic Report ❑ Not applicable Water Balance El :Not applicable Other related permits, if applicable 401 Water Quality Certification ❑ Not applicable 404 Permit Not applicable CAMA Permit CAMA Consistency Determination ❑ Not applicable Dam Safety Permit ❑ Not applicable DOT Encroachment Agreement ❑ Not applicable Railroad Encroachment ❑ Not applicable Section 10 Permit El Not applicable Sedimentation and Erosion Control Permit Not applicable E. Design Calculations Provide information as applicable. (®) Status if not included Two sets each of process, design, buoyancy, and hydraulic profile calculations: signed, sealed, and dated by a NC Professional Engineer. El Not applicable, direct replacement of existing equipment located in e.xistin; WWTP Designed in accordance with NCAC 15A 2T Rules. El Not applicable Downstream sewer receiving capacity. 0 Not applicable Net positive suction head, if applicable. System head calculations curve plotted on pump curve. Impeller size specified. Water hammer analysis if force main is greater than 2500 feet. NoL applicablo Pump run time. Not applicably Pump cycle time. ❑ Not ,,gpplic ale, Pump station handles peak flow with largest pump out of service. Hydraulic profile at average daily flow. Not applic"thle Hydraulic profile at peak hourly flow with largest train out of service. Not anpl ic-abh, calculations for all unit processes. Influent flow equalization. ❑ Not applicable Influent pumping. ❑ Not applicable Bar screens. ❑ Not applicable Grit removal. ❑ Not applicable Flow monitoring. ❑ Not applicable Primary clarification. ❑ Not applicable Aeration basins, including anoxic and anaerobic zones. ❑ Not applicable Blowers. ❑ Not applicable Secondary clarifiers. ❑ Not applicable Return activated sludge pumping. ❑ Not applicable Waste activated sludge pumping. ❑ Not applicable Internal recycle pumping. ❑ Not applicable Effluent filters. ❑ Not applicable Disinfection.. ❑ Not applicable Dechlorination. ❑ Not applicable Sludge digestion. ❑ Not applicable Residuals holding. ❑ Not applicable Residuals dewatering. ❑ Not applicable Buoyancy calculations for all below grade structures. ❑ Not applicable Standby power sizing calculations. ❑ Not applicable If the answer to any of the following questions is "Yes" a Residuals Management Plan must be included with the plans and specifications: 1. Is a new treatment facility proposed? Yes ❑ No® 2. Is an increase in treatment capacity proposed? Yes ❑ NoE 3. Is a modification to a treatment facility being proposed that would increase the residuals yield? Yes ❑ NoE 4. Is a modification to the residuals train being proposed? Yes ❑ NoE 9�n�onuenanea E �f %° A GAR 19°, ,C ra �•< . F! Signature �p'Y.��E.,sir�.°,9 .0 .Q ; PL ,�° a ® SF , -177 �1 O Date z ty Registration No. (� 1 b .F a i'' �' North Carolina Division Of Water Quality Construction Grants & Loans Section 7 ,pto Authorization To Construct (ATC) Application Fod`,��T,',yr (To Be Used On and After August 1, 2007) Date: 9/28/2010 Permittee/Owner Name: City of Shelby Professional Engineer of Record: Charles A. Willis, Jr. Contact Person: David Hux Engineering Firm: Willis Engineers Address: Post Office Box 207 Address: 10700 Sikes Place, Suite 230 Shelby, North Carolina 28151 Charlotte, North Carolina 28277 Telephone Number: 704) 669-6570 Telephone Number: (704 338-4668 Please Note: The following items and information must be Information Is submitted to be considered a complete application Provided Remarks/Explanation package. If any applicable item is missing the package will 23 be returned as incomplete. 1 Letter of request for ATC from Permittee/Owner or authorized agent with written authorization. 2 Brief description of the proposed project. ® Included in the submittal checklist 3 Complete copy of the NPDES permit or public notice of ® Included in Report dated March 2010 a draft NPDES permit. 4 Design capacity in Million Gallons per Day (MGD). ® Existing Capacity 6.0 MGD If new or expanding design capacity is greater than or 5 equal to 0.5 MGD, include a copy of Finding Of No ❑ Not Applicable Significant Impact (FNSI). Two sets of plans: signed, sealed, and dated by a NC 6 Professional Engineer and stamped "Final Drawing - Not Released For Construction". 7 Two sets of technical specifications: signed, sealed, and dated by a NC Professional Engineer. Two sets each of process, design, buoyancy, and Not Applicable, no new process. 8 hydraulic profile calculations: signed, sealed, and dated ❑ Project is recommisioning existing by a NC Professional Engineer. trickling filters. 9 Hydraulic profile and a flow schematic with sizes of ❑ Not Applicable, Project is major components on 8%2" X 11" paper. recommisioning existing trickling filters. 10 Documentation that a Soil & Erosion Control permit has been to the Division Land ❑ Not Applicable, project is less than 1 application submitted of Resources. acre. Residuals Management Plan for all new or expanding 11 facilities producing residuals, or when modifying ❑ Not Applicable, no change to residuals residual facilities. 12 Construction Sequence Plan for all modifications. 13 110 volt GFCI receptacle and potable water source ® Electric and water are located at included on plans. multiple places on existing WWTP site PPFPr,te-,,', Note: The following items and information must be Information Is submitted to be considered a complete application Provided Remarks/Explanation package. If any applicable item is missing the package will 21 be returned as incomplete. 14 Hydrogeologic information must be provided if a ❑ Not Applicable, rennovation or existing potential for groundwater contravention exists. plant 15 For abandonment of WWTPs: a statement that the ❑ Not Applicable facility will be properly disconnected. 16 All property lines, construction easements, permanent ❑ Not Applicable, Existing WWTP easements, and ROW shown. 17 All wells within 200 feet of project shown. ❑ Not Applicable, Existing WWTP 18 All houses and places of public assembly within 100 ❑ Not Applicable, Existing WWTP feet shown. 19 Wetlands, watercourses, and drainage features within 50 feet treatment facilities ❑ Not Applicable, rennovation or existing of all wastewater or storage process at existing WWTP shown. 20 Identify on the plans each water body's watershed ❑ Not Applicable, Existing WWTP classification. 21 Plan sheets for all applicable disciplines. 22 Reliability per NCAC 2T .0505 (1). ® Existing WWTP with onsite power generation 23 Identify 100 year flood elevation on plans. 24 North arrow on each plan sheet. 25 Horizontal and vertical control. ❑ Not Applicable, existing structures do not require control 26 Subsurface investigation for new structures. ❑ Not Applicable, existing structures Municipal/Public Facilities, also include the following: Engineer's Certification signed, sealed, and dated by 27 the Engineer Of Record stating that the project complies with G.S. 133-3. 28 Minority Business Forms for Local Government Projects. 29 Minority Business Guide. 30 Dispute Resolution with mediation for Local Governments. 31 Contract Duration included. Projects funded -through CG&L must include the 32 Submittal Checklist, found under Plans & Specificiations at: http://www.nccgl.net/Engineering/plans.html NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. David Hux City of Shelby Post Office Box 207 Shelby, North Carolina 28151 Dear Mr. Hux: Coleen H. Sullins Director October 1, 2010 Dee Freeman Secretary DIVISION RECEIVED OF YVATER QUALITY OCT 0 5 20;0 SECTIO MOORESVILLE REGIONAL OFFICE SUBJECT: Acknowledgement of Request for an Authorization to Construct City of Shelby First Broad River WWTP Trickling Filter Improvements NPDES Permit No. NCO024538 The Construction Grants and Loans Section received your request for an Authorization to Construct and the supporting documentation on September 29, 2010. We will notify you and your engineer upon completion of our review. Your project has been assigned to Michelle McKay. She can be reached at (919) 715-6217. If you have any questions concerning this matter, please contact me at (919) 715-6206. Sincerely, Seth Robertson, P.E., Supervisor Construction Grants and Loans Section Design Management Unit m cc: Willis Engineers - Charles A. Willis, Jr., P.E. Q o� ores illle :' egr al i ffice WQ Central Files Michelle McKay, E.I. Delphine Randall ATC Files 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 One Location: 2728 Capital Blvd. Raleigh, North Carolina 27604 Nor thCaroli.na Phone: 919-733.69001 FAX: 919-715-62291 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Natiarally �/ Michael . Easley, Governor William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W. Klvnek, P.E., Director Division of Water Quality Coleen Sullins, Deputy Director Division of Water Quality DIVISION OF WATER QUALITY June 8, 2004 Mr. John Rhom City of Shelby P.O. Box 207 Shelby, North Carolina 28151 Subject: NPDES Permit No. NCO024538 Broad River WWTP. Cleveland County,.NC Dear Mr. Rhom: Our records indicate that NPDES Permit No. NC0024538 was issued on June 1 , 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 is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on 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 be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. _ NCD. MR Customer Service 1 877-623-6748 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 a 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 parry, 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. .ncerely, zl D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:\NPDESLTR.WQ O WATT DO K r June 1, 2004 Mr. John Rhom City of Shelby P.O. Box 207 Shelby, North Carolina 28151 Michael F. Easley, Governor State of North Carolina w(: DEPT. CW �Willlal�i�i{`G��Ro��s; Jr., Secretary Depa�meljt�df Ehviroriment,aRiT, latural Resources fir' 0'FFICR Alan W. Klimek, P'E., Director Division of Water Quality JUN 0 7 2004 Subject: Issuance of NPDES Permit NCO024538 Broad River WW'IP Cleveland County Dear Mr. Rhom: 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). In response to your draft permit comments dated February 24, 2004, the Division has included a number of changes in the attached final permit: ➢ The ammonia -nitrogen limits should not have been described seasonally. As such, the seasonal distinction has been eliminated in lieu of the previous monthly average ammonia -nitrogen limit of 18.5 mg/L and a new weekly average limitation of 35.0 mg/L as required by US EPA Region IV. These ammonia -nitrogen limitations apply year-round. ➢ A review of the reasonable potential analysis for total nickel conducted by Natalie Sierra (previous permit writer) was conducted. An effluent limitation should not have been included in the draft permit. However, the detection of nickel in the City's Long Term Monitoring Program does warrant 2/month monitoring for total nickel. Should nickel not be detected during the first year of data collection through the NPDES permit, the City may request elimination of this monitoring requirement. 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. 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719 VISIT US ON THE WEB AT http://h2o.enr_state.nc.us/NPDES Mr. Rhom Broad River WW'1'P - NCO024538 Page 2 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 NPDES Unit Files Mooresvlle`Regional-Office Aquatic Toxicology Unit EPA Region 4 Permit NCO024538 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, the City of Shelby is hereby authorized to discharge wastewater from a facility located at the Broad River WWTP Off NC Highway 18 Southwest of Shelby a Cleveland County to receiving waters designated as the First Broad River in the Broad 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 July 1, 2004. This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day June 1, 2004. ORIGINAL SIGNED BY' Mark McIntire Alan W. Klimek, P.E. Division of Water Quality By Authority of the Environmental Management Commission Permit NC0024538, SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby revoked. [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 NPDES govern discharges from this facility. The City of Shelby is hereby authorized to: I. Continue to operate a 6.0 MGD wastewater treatment plant that includes the following: • bar screen; • grit removal; • cylindrical fines screen; • aeration basin; • two (2) primary clarifiers; • two (2) trickling filters; • four (4) final clarifiers; • pump stations; • two chlorinators; • two sulfonators; • sludge pump station; • aerated sludge holding tank; • two filter belt presses; • ten bay sludge compost building; • dual standby power generators; and • sludge incinerator (not presently in use). These facilities are located at the Broad River WWTP, off NC Highway 18, southwest of Shelby in Cleveland County. 2. Discharge from said treatment works at the location specified on the attached map into the First Broad River, currently classified C waters in the Broad River Basin. 127 ou rse p 6 1 10-- t V,'%� 1 Jam.- ~���1 • �i � � � ''� J� � � � � \ 1 � i� ���i % ! � _� ���`/•,�i �� �.. -�\ �O 0 CJ ���__� V/`\\`\ \`� ( - f \� �../�'%r�' oj� '� 'l l + II b%r 1;l r� �,'1. ", ITJ Outfall001 V, J r 4( o � r\ � � ��� 7 -\Q J _J e k� IN 6 786 J j JA�A f -5n -A City of Shelby WVVTP — NCO024538 Facility Location USGS Quad Name: Blacksburg North Lat.: 35'14'32" Receiving Stream: First Broad River Long.: 81134'3 Stream Class: C Not to SCALE .Subbasin: Broad - 030804 North Permit NC0024533 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on July 1, 2004 and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample -Location' -' Flow 6.0 MGD Daily Instantaneous Influent or Effluent BOD5, 202C 2 25.0 mg/L 37.5 m /L Daily Composite Effluent, Influent Total Suspended Solids2 30.0 mg/L 45.0 mg/L Daily Composite Effluent, Influent NH3 as N 18.5 mg/L 35.0 m /L Daily Composite Effluent Dissolved Oxy en3 Daily Grab Effluent Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml Daily Grab Effluent Total Residual Chlorine 28 µg/1-4 Daily Grab Effluent pH >6.0 and <9.0 standard units Daily Grab Effluent Temperature (2C) o Daily Grab Effluent Total -Nitrogen (NO2 + NO3 + TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity5 Quarterly Composite Effluent Total Copper 2/Month Composite Effluent Total Zinc 2/Month Composite Effluent Cyanides 22 µ /L Weekly Com osi Effluent Total Nickel 2/Month Composite Effluent Dissolved Oxygen? Grab Upstream, Downstream Temperature (OC)7 Grab Upstream, Downstream Conductivity? Grab Upstream, Downstream Priority Pollutant Scan See Condition A. (3) of this permit NOTES: 1. Upstream: upstream 100 feet above outfall. Downstream: downstream at 1) Stice Shoals Dam and 2) above Beaverdam Creek. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The daily average dissolved oxygen concentration shall not be less than 5.0 mg/L. 4. Limit takes effect January 1, 2006. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit) . 5. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Cer-iodaphnia dubia at 17%. Testing shall be conducted in February, May, August and November (see Part A. (2.). During these months, toxicant monitoring (e.g. total copper, total zinc, cyanide and nickel) shall coincide with toxicity sampling 6. The detection limit for cyanide is 10 µg/L. If the measured levels of cyanide are below the detection limit, then the measurement is considered to be zero for the purposes of compliance evaluation and should be reported on the DMR as <10 µg/L. 7. Instream samples shall be collected three times per week during the months of June -September and once per week during the remaining months of the year. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO024538 A., (2) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The. effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 17%. The permit holder shall perform at a minimum, quarterhi monitoring using test procedures outlined in the "North Carolina Ceriodaphnfa 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 February, May, August and November. 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 TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 NC0024538, A. (3) EFFLUENT POLLUTANT SCAN The Permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the attached table (in accordance with 40 CFR Part 136). Samples shall represent seasonal variations. Unless otherwise indicated, metals shall be analyzed as "total recoverable." Ammonia (as N) Trans-1,2-dichloroethylene Bis (2-chloroethyl) ether Chlorine (total residual, TRC) 1,1-dichloroethylene Bis (2-chloroisopropyl) ether Dissolved oxygen 1,2-dichloropropane Bis (2-ethylhexyl) phthalate Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Phosphorus Methyl chloride 4-chlorophenyl phenyl ether Total dissolved solids Methylene chloride Chrysene Hardness 1,1,2,2-tetrachlomethane Di-n-butyl phthalate Antimony Tetrachloroethylene Di-n-octyl phthalate Arsenic Toluene Dibenzo(a,h)anthracene Beryllium 1,1,1-trichloroethane 1,2-dichlorobenzene Cadmium 1,1,2-trichloroethane 1,3-dichlorobenzene Chromium Trichloroethylene 1,4-dichlorobenzene Copper Vinyl chloride 3,3-dichlorobenzidine Lead Acid -extractable compounds: Diethyl phthalate Mercury P-chloro-m-creso Dimethyl phthalate Nickel 2-chlorophenol 2,4-dinitrotoluene Selenium 2,4-dichlorophenol 2,6-dinitrotoluene Silver 2,4-dimethylphenol 1,2-diphenylhydrazine Thallium 4,6-dinitro-o-cresol Fluoranthene Zinc 2,4-dinitrophenol Fluorene Cyanide 2-nitrophenol Hexachlorobenzene Total phenolic compounds 4-nitrophenol Hexachlorobutadiene Volatile organic compounds: Pentachlorophenol Hexachlorocyclo-pentadiene Acrolein Phenol Hexachloroethane Acrylonitrile 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene Benzene Base -neutral compounds:. Isophorone Bromoform Acenaphthene Naphthalene Carbon tetrachloride Acenaphthylene Nitrobenzene Chlorobenzene Anthracene N-nitrosodi-n-propylamine Chlorodibromomethane Benzidine N-nitrosodimethylamine Chloroethane Benzo(a)anthracene N-nitrosodiphenylamine 2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene Chloroform 3,4 benzofluoranthene Pyrene Dichlorobromomethane Benzo(ghi)perylene 1,2,4-dichlorobenzene 1,1-dichloroethane Benzo(k)fluoranthene 1,2-dichloroethane Bis (2-chloroethoxy) methane Test results shall be reported to the Division in DWQ Form- A MR-PPA1 or in a form approved by the Director within 90 days of sampling. The report shall be submitted to the following address: Division of Water Quality, Water Quality Section, Central Files, 1617 Mail. Service Center, Raleigh, North Carolina 27699-1617. I NPDES Permit Requirements Page 1 of 16 STANDARD CO Section A. Definitions 2/Month Samples are collected twice per month with at 3/Week Samples are collected three times per week on Act or "the Act" The Federal Water Pollution Control Act, also PART II ITIONS FOR NPDES PERMITS t ten calendar days between sampling events. separate calendar days. as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily 'discharges" f a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharg,S. Arithmetic Mean The summation of the individual values divide • by the number of individual values. Bypass The known diversion of waste streams from a y portion of a treatment facility including the collection system, which is not a designed or established or operating mpde for the facility. Calendar Day The period from midnight of one day until dnight 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: Janu 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 re resentative of the wastewater discharge during the sample period. The Director may designate the most appropria e method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a ca e-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the f llowing 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 siies 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 sat�iples 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. 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 612012003 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 612012003 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. Quarterl3Average (concentration limitl 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. U set 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 Averageconcentration 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 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knosvin,gly 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)(13)(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. Duly 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)]. 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 612012003 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 612012003 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]: "9 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. 1 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 (0]. . 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 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 612012003 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 (CA. 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)] 0) 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). 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. U sets 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 612012003 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 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 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 612012003 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 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. S. Inspection and Entey 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 612012003 r 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 122.410) (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)]. 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 612012003 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 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 Monitorin 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 000 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"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 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 612012003 r NPDES Permit Requirements Page 13of16 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. 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; C. 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 POTNV, 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. 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 612012003 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). 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 612012003 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. 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. 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 Summar (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 Summate Forms (IDSF) Version 612012003 NPDES Permit Requirements Page 16 of 16 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 612012003 -''ATIC�.;.,Michael F. Easley, Governor State of North Carolina ROWEINT A AND MAT 1iRt ' Wiliiam,q s, Jr., Secretary r- �Yrof:Environment aa,A s,aI Resources 7 ~ Alan W:.Klimek, P.E., Director Division of Water Quality February 4, 2004 FEB 0 b 2004 Mr. John Rhom City of Shelby P.O. Box 207 ,�`, �, * "FW Shelby, North Carolina 28151 i RSECT Subject: xDraff_NPDES -Perrhit = Permit NCO024538 - - Broad River WWTP Cleveland County Dear Mr. Rhom: Enclosed with this letter is a copy of the draft NPDES permit for your facility. I encourage you to review the draft carefully to ensure thorough understanding of the information, conditions, and requirements it contains. The following changes have been made to your new permit: • Updated monthly average ammonia limits have been added to your permit. These limits are based on summer and winter low flow conditions and the instream waste concentration (IWC) of your effluent during those times. The calculated limit for the summer is 4.7 mg/L and the winter limit is 18.5 mg/L. • Weekly average ammonia limits of 14.1 mg/L (summer) and 35.0 mg/L (winter) have been placed in your permit. This is based on a new North Carolina ammonia policy that. requires that a weekly average limit based on a 3:1 ratio with the monthly average limit (but no higher than 35.0 mg/L) be implemented in all municipal permits. • An annual pollutant scan has been added to your permit. By performing this scan concurrent with your toxicity test (at different times of the year), you will be able to collect sufficient data for the new renewal application required by the Environmental Protection Agency (EPA). • A Total Residual Chlorine limit of 28 µg/L has been added to this permit. This is consistent with Division policy across the state. You have 18 months to comply with this permit requirement. Information on our new fast -track process for approval of dechlorination facilities is available on the Documents section of the NPDES website at: http://h2o.enr.state.nc.us/NPDES/NPDESweb.html. • Monitoring and a daily maximum limit of 261 µg/L for nickel have been added to your permit. A reasonable potential analysis of your pretreatment Long Term Monitoring Plan (LTMP) data indicates that effluent from your facility demonstrates the potential to exceed water quality criteria in the receiving stream. Nickel has been limited accordingly. • Monitoring for silver and selenium has been eliminated. A reasonable potential analysis of effluent data from your facility indicates that the Broad River WWTP effluent does not show the potential to exceed water quality criteria for silver and selenium. Note that you are still required to monitor for these parameters through your LTMP. • The daily maximum limit for cyanide has been changed to 22 µg/L to reflect the current acute water quality criterion for cyanide. As discussed with Ms. Natalie Sierra on September 10, 2003, the Town of Shelby is required to submit EPA Form 2A before this permit can be finalized. Submittal of this form must include the appropriate pollutant scans and toxicity tests. 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-161 7 - TELEPHONE 919-733-5083/FAX 91 9-733-0719 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES Permit No. NC0024538 Town of Shelby Page 2 Please remember than beginning next month, you will be required to monitor for mercury using EPA Method 1631. You should have already received a letter from the Division to this. ' effect. A copy is available on the NPDES website at: http://h2o.enr.state.nc.us/NPDES/NPDESweb.btml. Submit any comments or questions concerning this draft permit no later than thirty (30) days following receipt of this draft. Comments should be sent to: Mr. Mark McIntire NCDENR - DWQ -NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions or comments concerning this draft permit, please contact me at the telephone number (919) 733-5083, ext. 508 or via e-mail at: mark.mcintire@ncmail.net. Sincerely, r Mark McIntire, P.E. NPDES Unit cc: Mooresvlle-Regional Office,/Water Quality Section ni NPDES = Aquatic Toxicology Unit Mr. Roosevelt Childress, EPA (draft permit, fact sheet, application) Permit NCO024538 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, City of Shelby is hereby authorized to discharge wastewater from a facility located at the Broad River WWTP Off NC Highway 18 Southwest of Shelby Cleveland County to receiving waters designated as the First Broad River in the Broad 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 This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day DRAFT Alan W. Klimek, P.E. Division of Water Quality By Authority of the Environmental Management Commission Permit NC0024538 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby revoked. [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 NPDES govern discharges from this facility. The City of Shelby is hereby authorized to: Continue to operate a 6.0 MGD wastewater treatment plant consisting of a bar screen, grit removal, cylindrical fines screen, aeration basin, two (2) primary clarifiers, two (2) trickling filters, four (4) final clarifiers, pump sations, two chlorinators, two sulfonators, sludge pump station, aerated sludge holding tank, two filter belt presses, ten bay sludge compost building, dual standby power generators and sludge incinerator (not presently in use) located at the Broad River WWTP, off NC Highway 18, southwest of Shelby in Cleveland County. 2. Discharge from said treatment works at the location specified on the attached map into the First Broad River, which is classified C waters in the Broad River Basin. V. Permit NCO024538 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Motit)ily77 �Ale�k[y Daily _..., a Ivera, a 1Vlaximu xQNtrarrru�>lts I)�eisurerlle�t Fte; uenc 4- Sa[p1e Type __..,.., . r Sample isatlont _.. ,. k Flow 6.0 MGD Daily Instantaneous Influent or Effluent BODs, 209C 2 25.0 m /L 37.5 mqjL Daily Composite Effluent, Influent Total Suspended Solids2 30.0 m /L 45.0 m L Daily Composite Effluent, Influent NH3 as N (April 1 - October 31 4.7 m L 114.1 m /L Daily Composite Effluent NH3 as N November 1-March 31 ' 18.5 m /L 35.0 m /L DailyComposite Effluent Dissolved Oxygen3 Daily Grab Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml Daily Grab Effluent Total Residual Chlorine 28 µg/1_4 Daily Grab Effluent H 6.0 - 9.0 s.u. Daily Grab Effluent Temperature °C) Daily Grab Effluent Total Nitrogen NO2 + NO3 + TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity5 Quarterly Composite Effluent Total Copper 2/Month Composite Effluent Total Zinc 2/Month Composite Effluent Cyanides 22 µg/L Weekly Composite Effluent Total Nickel 261 µg/L Weekly Composite Effluent Dissolved Oxygen? Grab Upstream, Downstream Temperature (OC)7 Grab Upstream, Downstream Conductivity? Grab Upstream, Downstream Priority Pollutant Scan See Condition A 3 of this permit Notes: 1. Sample locations: Upstream - Upstream 100 feet above outfall; Downstream - Downstream at 1) Stice Shoals Dam and 2) above Beaverdam Creek. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The daily average dissolved oxygen concentration shall not be less than 5. 0 mg/L. 4. Compliance with the total residual chlorine limit must be achieved within 18 months of issuance date. 5. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Ceriodaphnia dubia at 17%. Testing shall be conducted in February, May, August and November (see Part A. (2.). During these months, toxicant monitoring (e.g.' total copper, total zinc, cyanide and nickel) shall coincide with toxicity sampling 6. The detection limit for cyanide is 10 µg/L. If the measured levels of cyanide are below the detection limit, then the measurement is considered to be zero for the purposes of compliance evaluation and should be reported on the DMR as <10 µg/L. 7. Instream samples shall be collected three times per week during the months of June -September and once per week during the remaining months of the year. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) Permit NC0024538 The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 17%. 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 February, May, August and November. 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 TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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. c A. (3.) EFFLUENT POLLUTANT SCAN Permit NC0024538 The Permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the attached table (in accordance with 40 CFR Part 136). Samples shall represent seasonal variations. Unless otherwise indicated, metals shall be analyzed as "total recoverable." Ammonia (as N) Trans-1,2-dichloroethylene Bis (2-chloroethyl) ether Chlorine (total residual,.TRC) 1,1-dichloroethylene Bis (2-chloroisopropyl) ether Dissolved oxygen 1,2-dichloropropane Bis (2-ethylhexyl) phthalate Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Phosphorus Methyl chloride 4-chlorophenyl phenyl ether Total dissolved solids Methylene chloride Chrysene Hardness 1,1,2,2-tetrachloroethane Di-n-butyl phthalate Antimony Tetrachloroethylene Di-n-octyl phthalate Arsenic Toluene Dibenzo(a,h)anthracene Beryllium 1,1,1-trichloroethane 1,2-dichlorobenzene Cadmium 1,1,2-tichloroethane 1,3-dichlorobenzene Chromium Trichloroethylene 1,4-dichlorobenzene Copper Vinyl chloride 3,3-dichlorobenzidine Lead Acid -extractable compounds: Diethyl phthalate Mercury P-chloro-m-creso Dimethyl phthalate Nickel 2-chlorophenol 2,4-dinitrotoluene Selenium 2,4-dichlorophenol 2,6-dinitrotoluene Silver 2,4-dimethylphenol 1,2-diphenylhydrazine Thallium. 4,6-dinitro-o-cresol Fluoranthene Zinc 2,4-dinitrophenol Fluorene Cyanide 2-nitrophenol Hexachlorobenzene Total phenolic compounds 4-nitrophenol Hexachlorobutadiene Volatile organic compounds: Pentachlorophenoi Hexachlorocyclo-pentadiene Acrolein Phenol Hexachloroethane Acrylonitrile 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene Benzene Base -neutral compounds: Isophorone Bromoform Acenaphthene Naphthalene Carbon tetrachloride Acenaphthylene Nitrobenzene Chlorobenzene Anthracene N-nitrosodi-n-propylamine Chlorodibromomethane Benzidine N-nitrosodimethylamine Chloroethane Benzo(a)anthracene N-nitrosodiphenylamine 2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene Chloroform 3,4 benzofluoranthene Pyrene Dichlorobromomethane Benzo(ghi)perylene 1,2,4-tichlorobenzene 1,1-dichloroethane Benzo(k)fluoranthene 1,2-dichloroethane Bis (2-chloroethoxy) methane Test results shall be reported to the Division in DWQ Form- A MR-PPAl or in a form approved by the Director within 90 days of sampling. The report shall be submitted to the following address: Division of Water Quality, Water Quality Section, Central ides, 1617 Mail Service Center, Raleigh, North Carolina 27699-16-17. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO024538 BACKGROUND The Shelby WWTP is a Class IV facility with a permitted flow of 6.0 MGD. The plant treats wastewater from residential, commercial and industrial sources. The permit was originally issued on March 1, 1999 and expired on August 31, 2003. The Permittee submitted Standard Form A on March 6, 2003 in order to request renewal of the permit. The Permittee has been notified that it must submit EPA Form 2A and all associated pollutant testing. The facility has a full pretreatment program, which it will continue to implement in the coming permit term. Instream Monitoring, Verification of Existing Conditions and DMR Data Review This facility discharges to Buffalo Creek in subbasin 043-08-05 of the Broad River Basin. Buffalo Creek is classified C waters. at the point of discharge and is not on the 2002-303(d) list. Shelby is required to sample upstream and downstream (at two points) of the discharge for dissolved oxygen, temperature, fecal coliform, and conductivity. Plots of these data, culled from Discharge Monitoring Reports (DMRs) from January 2001-June 2003, are attached to this fact sheet. Little difference between upstream and downstream temperature values was noted and temperatures appear seasonally appropriate. Dissolved oxygen values were slightly lower downstream (with values recovering towards upstream values at the second downstream sampling point) and were always above the standard of 5.0 mg/L. Fecal coliform values were slightly higher upstream than downstream and conductivity was somewhat elevated downstream compared to upstream. Effluent DMR data from January 2001 through May 2003 were reviewed. Data for conventional parameters are summarized in Table 1. For the most part, the Permittee maintained compliance with the permit limits for those parameters. �.:a�•i::�iltt:>it NPDES NC00.24-538 Pa-c I Table 1. NCO024538 Conventional Data (January 2001-May 2003) This facility also collects data for total nitrogen, total phosphorus, ammonia nitrogen (NH3-N), total residual chlorine, and chlorides. These are summarized in Table 2. Table 2. NCO024538 Nutrient and Toxicant Data (January 2001— May 2003) A review of the metals (from both the DMRs and Pretreatment data) data was also performed. These are discussed in the Reasonable Potential Analysis section. Correspondence A review of correspondence files for the 2001-2003 period revealed no recurring problems or major deficiencies in Shelby's compliance history. In a Compliance Inspection Report dated August 6, 2001, the inspector notes that the permit description may be inaccurate. The description did not include an influent pump station or an additional aeration basin (two basins total). Also, there is no sludge incinerator. The inspector also notes that TRC values ranged from 300,ug/1 to 500,ug/1 and advises that an action level has been set at 17-28,ug/l, however there is no further mention of TRC values being a concern throughout the following two years. Few NOVs were issued to Shelby. There was one for a cyanide limit violation (reported value 120.0 ,ug/1) in Dec 2001 and another for a BOD limit violation (reported value 37.83 mg/1), however neither appeared to indicate a recurring problem. In June 2003 a $2000 civil penalty was issued for TSS and TSR effluent limit violations while one of the primary clarifiers was out of service. A $500,000 renovation project to upgrade both clarifiers was underway. The project was completed in June 2003. PERMITTING STRATEGY Waste Load Allocation (WLA) The Division prepared the last WLA for the previous permit renewal. The previous and current effluent limits were based on guidelines and water quality standards. The Division has judged previous parameters and limits to be appropriate for renewal with some exceptions. Changes to toxicant monitoring are discussed in the Reasonable Potential Analysis section, with the exception of ammonia. The previous permit contains a summer limit for ammonia that appears to be based on the results of Level B modeling. When assessing ammonia with respect to instream toxicity, however, it is evident that both summer and winter limits are necessary. Based on the Instream Waste Concentration (IWC), a summer monthly average limit of 4.7 mg/L and a winter monthly average limit of 20.8 mg/L should be implemented. Since the current limit of 18.5 mg/L is more stringent, it will be retained for the winter months. Moreover, weekly average ammonia limits Fae!!: Shoot W based on a 3:1 ratio with the monthly average (but no higher than 35.0 mg/L) will be implemented in this permit. This is a new statewide policy that resulted from EPA requirements. The resulting summer weekly average limit will be 14.1 mg/L and the winter limit will be 35.0 mg/L. A review of the effluent ammonia data suggests that meeting these new limits should not be a problem for Shelby. In addition, an annual pollutant scan will be added such that the Permittee can collect the necessary data required by EPA Form 2A throughout the permit term. This condition is now standard on all major municipal permits in North Carolina. i Finally, a total residual chlorine (TRC) limit of 28 µg/L will be added to the permit, reflecting the recently passed standard for TRC and new Division policy. Shelby will be granted 18 months to build dechlorination facilities in order to attain compliance with this limit. Reasonable Potential Analysis (RPA) The Division conducted EPA -recommended analyses to determine the reasonable potential for toxicants to be discharged by this facility, based on DMR data from January 2000-June 2003. Calculations included parameters listed in the previous permit and pre-treatment documents to include: arsenic, cadmium, chromium, cyanide, lead, mercury, nickel, selenium, silver, copper, and zinc. Results suggest no reasonable potential for the facility to discharge arsenic, cadmium, chromium, lead, mercury, silver and selenium. Monitoring for selenium and silver may be eliminated from the permit, as they are required parameters to be monitored through the Pretreatment Long Term Monitoring Plan (LTMP). The remaining parameters are monitored through the LTMP and not the permit; this will be continued in the next permit term. Effluent from the facility did demonstrate reasonable potential to exceed water quality criteria for copper, cyanide, nickel and zinc. All but nickel are already monitored in the current permit. The limit for cyanide will be changed from 29 to 22 µg/L to reflect the current final acute value. Weekly nickel monitoring will be added to the permit with a daily maximum limit of 261 µg/L. Copper and zinc, which are action level parameters, will continue to be monitored twice per month unless they are identified as causative of toxicity. SUMMARY OF PROPOSED CHANGES In keeping with Division policies, the following will be incorporated into the permit: • New monthly and weekly average ammonia limits (both summer and winter) • Annual pollutant scan • Addition of TRC limit with 18 month compliance schedule • Elimination of the selenium and silver monitoring requirement (Permittee will continue to monitor these parameters through the LTMP). • Addition of nickel monitoring and daily maximum limit • Change cyanide limit New Weekly Average and Daily Maximum limits are derived from the latest NC/EPA policies considering 1/z FAVs and allowable concentrations based on reasonable potential. Fact Sheet }. ,� ; Y J PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: February 11, 2004 Permit Scheduled to Issue: March 29, 2004 NPD_ S Dj ISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact -Mark 1 cIntire at (919) 733-5083 ext. 508. NAME: REGIONAL OFFICE COMMENTS NAME: SUPERVISOR: TE: TE: TE: Fact Sh. :t Paoc 4 r s s t To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver SOC PRIORITY PROJECT: No Date: August 6, 2003 NPDES STAFF REPORT AND RECOMMENDATIONS County: Cleveland NPDES Permit No.: NCO024538 r' MRO No.: 03-22 PART I - GENERAL INFORMATION 1. Facility and address: City of Shelby WWTP Post Office Box 207 Shelby, N.C. 28151 2. Date of investigation: August 5, 2003 3. Report Prepared By: Michael L. Parker, Environmental Engineer II 4. Person Contacted and Telephone Number: Mr. John Rhom (704) 484-6850. 5. Directions to Site: Travel south from the City of Shelby on Hwy. 18 to the jct of Hwy. 18 and the second intersection with Old Gaffney Road. Turn right at this intersection and immediately bear left onto a paved access road. The WWTP will be at the end of this paved access road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 350 14' 32" _ Longitude: 810 34' 31" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 12 NE 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Gently rolling topography, 3-8% slopes. The WWTP site is not.located in a flood plain. 9. Location of Nearest Dwelling: Approx. 500± feet from the WWTP site. Page Three 2. Special monitoring or limitations (including toxicity) requests: The City has not asked for any changes and/or modifications to the Permit during this renewal. Important SOC/JOC or Compliance Schedule dates: This facility is not under an SOC or JOC at this time. PART IV - EVALUATION AND RECOMMENDATIONS The City of Shelby requests renewal of the subject Permit for the continued operation of the City's WWTP. There have not been any changes to the existing WWT facilities during the term of the current Permit nor are any proposed in this renewal. The last inspection conducted at this facility (12/31/2002) found the plant to be in good operational condition. The existing WWT facilities are capable of complying with the current permitted effluent limitations without constructing additional WWT facilities. It is anticipated, however, that this facility may receive a TRC limit in the subject permit upon renewal. Since dechlorination is Provided, the existing WWT facilities should be capable with complying with a TRC limitation if it is deemed necessary. Pending receipt and approval of the WLA, reissuance of the NPDES permit is recommended. Signature of eport Preparer Date Water a' y Regional Supervisor Date h Adsr\dsr93\shclby. dsr State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director March 19, 2003 Mr. John Rhom City oflShelby PO Box 207 Shelby, North Carolina 28151-0207 NCDENFt NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: . NPDES Permit Renewal Application Permit NCO024538 City of Shelby WWTP Cleveland County F01-7-SiTi t14ITS oi19 The NPDES Unit received your permit renewal application on March 6, 2003. Thank,you for submitting this package. The permit renewal for this facility has been assigned to a staff member. 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 NCO024538 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 Charles Weaver at (919) 733-5083, extension 511.. cc:13Nl-bw. esvill1e egional Office, Water Quality Section r NP S ' .e Central Files 1617 Mail Service Center, Raleigh, Noah Carolina 27699-1617 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Sincerely, Valery Stephens Point Source Unit C�A,R 2 4, 2-003 919 733-5083, extension 520 (fax) 919 733-0719 Valery.Stephens@ncmail.net t NC DENR / DWQ / NPDES PERMIT APPLICATION -STANDARD FORM A Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs N. C. Department of Environment and Natural Resoiaces Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-i I � 7 ��+ i SECTION 1. APPLICATION AND FACILITY DE�5C1P`ht�ld 2003 Unless otherwise specified on this form all items are to be completed. If an item is not applicable lndtcate 'NX. _ North Carolina NPDES Permit Number NC00 94r; '�R 1. Applicant and facility producing discharge This applies to the person, agency, firm, municipality, or any other entity that owns or is responsible for the permitted facility. This may or may not be the same name as the facility or activity producing the discharge. Enter the name of the applicant as it is officially or legally referred to; do not use colloquial names as a substitute for the official name. Nameofapplicant/ permittee: City of Shelby / John E. Rhom Mailing address: P.O. Box 207, Shelby, North Carolina 28151-0207 Street address 1940 South Lafayette S t City Shelby - County •Cleveland State North Carolina Zip Code 2 81 5 Telephone Number ( 704 ) 484-6850 Fax Number ( 704) 484-6872 e-mail address lohn.rhom@citvofshL-lby.com 2. Mailing address of applicant's Authorized Agent I Representative: Complete this section if an outside consulting firm/ engineering firm will act on behalf of the applicant / permittee Engineer / Company name N/A Street address City State Telephone Number Fax Number e-mail address _ County Zip Code I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. John E. Rhom Printed Name of Person Signing itle of Applicant or Authorized Agent February 27, 2003 Date Application Slgneo North Carolina General Statue 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 underArfide 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine or not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) 1 of 4 NC DENR / DWQ / NPDES PERMIT' APPLICATION - STANDARD FORM A Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs 3. Permitted Facility Location: Give the physical location of the facility where discharge(s) presently occur(s) or will occur. Street address 1940 South Lafayette Street City Shelby County Cleveland State North Carolina Zip Code 28152 Telephone Number ( 704 ) 484-6850 Fax Number ( 704 ) 484-6872 e-mail address john.rhom@cityofshelby.com 4. Municipalities or Areas Served (see instructions Enter the names of the municipalities or areas served by this facility. For each municipality enter the best estimate of actual population served at the time of this application. Name of Community I Area Actual Population Served Town of Falls on 212-00 Total Population Served 24,200 5. Average Daily Industrial Flow Total estimated average monthly flow from all industrial sources: .2707 MGD Total permitted monthly flow from all industrial sources: 0.9317 MGD Note: All Significant Industrial Users (as defined in Section III) discharging to the municipal system must be listed in Section II►. 6. Facility Description • Present Operating Status: Provide a narrative description of installed wastewater treatment components at the facility. Include sizes & capacities for each component. • Potential Facility Chanoes: Provide a narrative description of any planned upgrades / expansions / repairs planned for the facility during the next five years. Do not include tasks associated with routine operation & maintenance. • Schematic of wastewater flow: A line drawing of water flow through the facility must be attached to this application. The schematic should show flow volumes at all points in the treatment process. Specific treatment components should be identified. • Location map: A map showing the location of each outfall must be attached to this application. The usual meridian arrow showing north as well as the map scale must be shown. On all maps of rivers, the direction of the current is to be indicted by an arrow. In tidal waters, the directions of the ebb and flow tides are to be shown. All outfalls should be identified with the outfall number(s) used in Section II of this application. A copy of the relevant portion of a USGS topographic map is preferred. All sheets should be approximately letter size with margins suitable for filing and binding. All pages should include facility location and permit number (if available). 2of4 City of Shelby, North Carolina Process Narrative This is a 6.0 (six) MGD (Million Gallons a Day) Biological (Activated Sludge) Wastewater Treatment Facility consisting of a bar screen, grit removal, cylindrical fines screen, two primary clarifiers, two trickling filters, pump stations, aeration basin, four final clarifiers, two chlorinators, two sulfonators, sludge pump station, aerated sludge holding tank, two filter belt presses, ten bay sludge compost building, and dual standby power generators. This Facility discharges into the First Broad. River, which is a Class C water in the Broad River Basin. Sizes and Capacities on Following Page :. ENGINEERING DATA 1. Preliminary CITY OF SHELBY TREATMENT FACILITY A. Treatment 1- Mechanical bar screen ( Rotomat - 63" Diameter ) 2 - Bar screen ( cleaned with hose) . 3 - Circular Grit Collector 4 - Grit transfer pump capacity: 100 gpm @ 20 TDH 5 - Grit denvatering screen capacity: 56 CF/ Hour B. Pump Station: Pump No. 2 - 40 Hp 1400 Gpm @ 65' TDH Pump No. 2 - 75 Hp 3200 Gpm @ 70' TDH Pump No. 3.- Same as pump No. 2 C. Force Main To WWTP 24" C.P. E. Primary Clarifiers ( with Flocculation section ) number-2 Diameter - -80' side water Depth. - - 12' cone --6"-10 Flocculator section - - 35' Diameter X 11' depth Total volume - - 71,779 CFT. Floc. Volume - - 10,583 CFT. Clarifier Volume - 61,196 CFT. Clarifier Detention Time - 3.66 Hrs. F. Trickling Filters: number - - 2 Diameter - - 150 Ft. Media Depth - 5' - 6" Area - - 17,671 Sq. Ft (each) _ .408 Acres Volume 97,190 cu. Ft. (each) = 2.25 Acre - Ft. Hydraulic Loading - -2.67 mg/acre - Ft./Day Ovith 100 percent Recirculation) G. Aeration -Basin: rivo parrallel trains. 1. Step feed in Volume of each aeration basin 750,000 gals. Hydraulic Retention Time - 3 Hrs. at 3 MGD H. Final Clarifiers: number - - 4 units - 1&2 units - 3 &4 Tank Diameter: 70' 80, S`VD: 10' 12' Volume (< cone) 288,000 gal 451,000 gal Total Volume: 1,478,000 gals Detention Time 1 & 2 - 2.88 Hrs. @ 14 MGD Detention Time 3 & 4 - 3.00 Hrs. @ 3.6 1N. Detention Time - 32 mins. @ 8.1 MGD I. Chlorine Contact tank 1. A two - compartment concrete tank baffled to create a serpentine flow pattern in channels 6 feet wide by 6.5 Ft. deep. Detention Time - 43 mins. @ 6 MGD -7 USQV S4 ;97VIVCI 7F, "Y 7(7 1 do CIA a Latitude:350 14' 28" Longirude:810 34' 20" ,USGS Quad 9: G12NE River Basin '":030804 Receiving Stream: First Broad River Class: C 0 City of Shelby NCO024538 Cleveland County Broad River VAVTP NC DENR / DWQ / NPDES. PERMIT APPLICATION - STANDARD FORM A Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs SECTION If. BASIC DISCHARGE DESCRIPTION Complete this section for each present or proposed discharge indicated in Section I. All values for an existing discharge should be representative of the twelve previous months of operation. (if this is a proposed discharge, values should reflect best engineering estimates.) 1. Facility Discharges, Number and Discharge Volume Specify the number of discharges described in this application and the volume of water discharged or lost to each of the categories below. Estimate average volume per day in MGD. Do not include intermittent discharges, overflows, bypasses or seasonal discharges from lagoons, etc. Discharge To: Number of Discharqe Points Total Volume Discharged MGD Surface Water 1 one 2 MGD Other (describe below) TOTAL 1 (one) 2 M G D If 'other' is specified, describe 2. Outfall Number: 001 Assign a three -digit number beginning with 001 for the point of discharge covered by the first description. Discharge serial numbers should be consecutive for each additional discharge described; hence, the second serial number should be 002, the third 003, etc. 3. Discharge to End Date If the discharge is scheduled to cease within the next 5 years, give the date (within best estimate) the discharge will end: N / A Give the reason(s) for discontinuing this discharge in your cover letter. . 4. Receiving Stream Name Give the name of the waterway (at the, point of discharge) by which it is usually designated on published maps of the area. If the discharge is to an unnamed tributary, so state and give the name of the first body of water fed by that tributary which is named on the map, e.g., UT to McIntire Creek; where McIntire Creek is the first water way that is named on the map and is reached by the discharge. First Broad River. 5. Outfall Structure Describe the outfall structure and any significant changes since the last permit was issued (repairs, shoreline maintenance, etc.). 42" D I Pipe Anchored in a concrete bulk head 3of4 NC DENR / DWQ / NPDES PERMIT APPLICATION _ STANDARD FORM A Municipal Facilities with.permitted flows >1 MGD or with pretreatment programs SECTION III. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM. Submit a separate Section Ill for each Significant Industrial User. 1. Significant Industrial User (SIU) An SIU has (or could have) significant impact on the POTW receiving.the wastewater or. upon the quality of effluent from the receiving POTW. Specifically, an SIU: • has a flow of 50,000 gallons or more per average workday; • has a flow greater than 5 percent of the total flow carried by the municipal system m receiving the waste, or • has a toxic material in its discharge. It may be necessary to after these administrative criteria in certain cases, such as an instance where two or more contributing industries in combination can produce an undesirable effect on either the municipal facility or the quality of its effluent. Name of SIU Copeland Corp Streetaddress 4401 East Dixon Blvd. City Shelby County Cleveland State North Carolina Zip Code 28150 Telephone Number 1 (704 ) 484-4379 Fax Number e-mail address 2. Primary Product or Raw Material Specify either the principal product or the principal raw material and the maximum quantity per day produced or consumed. Quantities are to be reported in the units of measurement for each SIC category at the facility. SIC categories should use the units of measurement normally used by that industry. Product Raw Material Quant4 Units Refrigeration Compressors Cast Iron Castings Aluminum Castings Cold Rolled steel plate Iron and Zinc Phosphite Coatin 3. Flow Indicate the'volume of water discharged into the POTW and whether this discharge is intermittent or continuous •225 MGD Intermittent ® - Continuous 4of4 NC DENR / DWQ / NPDES PERMIT APPLICATION - STANDARD FORM A Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs SECTION III. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a separate Section Ill for each Significant Industrial User. Significant Industrial User (SIU) An SIU has (or could have) significant impact on the POTW receiving the wastewater or upon the quality of effluent from the receiving POTW. Specifically, an SIU: • has a flow of 50,000 gallons or more per average workday; • has a flow greater than 5 percent of the total flow carried by the municipal system m receiving the waste, or • has a toxic material in its discharge. it may be necessary to alter these administrative criteria in certain cases, such as an instance where two or more contributing industries in combination can produce an undesirable effect on either the municipal facility or the quality of its effluent. Name of SIU Curtiss Wright Flight Systems Streetaddress 201 Old Boiling Springs Rd. City Shelb State NORTH Carolina Telephone Number Fax Number e-mail address County Cleveland p Code 28152 2. Primary Product or Raw Material Specify either the principal product or the principal raw material and the maximum quantity per day produced or consumed. Quantities are to be reported in the units of measurement for each SIC category at the facility. SIC categories should use the units of measurement normally used by that industry. Product Raw Material Quantity Units Mechanical Actuators Steel, Aluminum Cadimum Manganese Phosphate, Chromium, Oils, Greases, Copper, Sulfuric Acid, Nitri Acid, Hydrochloric Acid, Cyanide. 3. Flow Indicate the volume of water discharged into the POTW and whether this discharge is intermittent or continuous .0037 MGD ❑R Intermittent ❑ Continuous 4of4 NC DENR / DWQ / NPDES PERMIT APPLICATION - STANDARD FORM A, Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs SECTION III. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a separate Section III for each Significant Industrial User. 1. Significant Industrial User (SIU) An SIU has (or could have) significant impact on the POTW receiving the wastewater or upon the quality of effluent from the receiving POTW. Specifically, an SIU: • has a flow of 50,000 gallons or more per average workday; • has a flow greater than 5 percent of the total flow carried by the municipal system m receiving the waste, or • has a toxic material in its discharge. It may be necessary to after these administrative criteria in certain cases, such as an instance where two or more contributing industries in combination can produce an undesirable effect on either the municipal -facility or the quality of its effluent. NameofSIU Dicey Fabrics Street address 430 N e i s l e r St. City Shelby County Cleveland State North Carolina Zip Code, 28150 Telephone Number (704 ) 487-6324 Fax Number e-mail address 2. Primary Product or Raw Material Specify either the principal product or the principal raw material and the.maximum quantity per day produced or consumed. Quantities are to be reported in the units of measurement for each SIC category at the facility. SIC categories should use the units of. measurement normally used by that industry. Product Raw Material Quantity Units Upholstery Fabric Polypropylene Chip, Cotton Yarn, Latex Finish, Dyes 3.. Flow Indicate the volume of water discharged into the POTW and whether this discharge is intermittent or continuous .498 MGD QX Intermittent El Continuous 4of4 NC DENR / DWQ / NPDES PERMIT APPLICATION - STANDARD FORM A Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs SECTION III. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a separate Section Ill for each Significant Industrial User. 1. Significant Industrial User (SIU) An SIU has (or could have) significant impact on the POTW receiving the wastewater or upon the quality of effluent from the receiving POTW. Specifically, an SIU: •. has a flow of 50,000 gallons or more per average workday; • has a flow greater than 5 percent of the total flow carried by the municipal system m receiving the waste, or • has a toxic material in its discharge. It may be necessary to alter these administrative criteria in certain cases, such as an instance where two or more. contributing industries in combination can produce an undesirable effect on either the municipal facility or the quality of its effluent. Name of SIU Invensys Sensor Systems Street address 1100 Airport Rd. City Shelby County Cleveland State North Carolina Zip Code 28150 Telephone Number (704 ) 482-9582 Fax Number e-mail address 2. Primary Product or Raw Material Specify either the principal product or the principal raw material and the maximum quantity per day produced or consumed. Quantities are to be reported in the units of measurement for each SIC category at the facility.. SIC categories should use the units of measurement normally used by that industry. Product Raw Material Quantity Units Pressure Switches Metals, and Plastics Curcuit Breakers Mechanical Switches — 3. Flow Indicate the volume of water discharged into the. POTW and whether this discharge is intermittent or continuous .080 MGD ® Intermittent Continuous 4of4. NC DENR / DWQ / NPDES PERMIT'' APPLICATION - STANDARD FORM A Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs SECTION III. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a separate Section Ill for each Significant Industrial User. 1. Significant Industrial User (SIU) An SIU has (or could have) significant impact on the POTW receiving the wastewater or upon the quality of effluent from the receiving POTW. Specifically, an SIU: • has a flow of 50,000 gallons or more per average workday; • has a flow greater than 5 percent of the total flow carried by the municipal system m receiving the waste, or • has a toxic material in its discharge. It may be necessary to alter these administrative criteria in certain cases, such as an instance where two or more contributing industries in combination can produce an undesirable effect on either the municipal facility or the quality of its effluent. NameofSIU Kemet Electronics Corp. Streetaddress 2510 West Dixon Blvd. City Shelby County Cleveland State North Carolina Zip Code 28152 Telephone Number .(704 ) 484-8181 Fax Number e-mail address 2. Primary Product or Raw Material Specify either the principal product or the principal raw material and the maximum quantity,per day produced or consumed. Quantities are to be reported in the units of measurement for each SIC category at the facility. SIC categories should use the units of measurement normally used by that industry. Product Raw Material Quantity Units Barium based ceramic Powers containing Ba ium sheet which is packaged on reels. Cadmium, and Lead. Latex containinq min r additives. 3. Flow Indicate the volume of water discharged into the POTW and whether this discharge is intermittent or continuous .100 MGD Intermittent ❑X Continuous 4of4 NC DENR / .DWQ / NPDES PERMIT APPLICATION = STANDARD FORM A Municipal Facilities with permitted flows > 1 MGD or with pretreatment programs SECTION 111. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a separate Section Ill for each Significant Industrial User. 1. Significant Industrial User (SIU) An SIU has (or could have) significant impact on the POTW receiving the wastewater or upon the quality of effluent from the receiving POTW. Specifically, an SIU: • has a flow of 50,000 gallons or more per average workday; • has a flow greater than 5 percent of the total flow carried by the municipal system m receiving the waste; or • has a toxic material in its discharge. It may be necessary to alter these administrative criteria in certain cases, such as an instance where two or more contributing industries in combination can produce an undesirable effect on either the municipal facility or the quality of its effluent. NameofSIU Metals America Streetaddress 135 Old Boilings Springs Rd. City Shelby County Cleveland State. North Carolina Zip Code 28152 Telephone Number ( 704) 471-6505 Fax Number e-mail address 2. Primary Product or Raw Material Specify either the principal product or the principal raw material and the maximum quantity per day produced or consumed. Quantifies are to be reported in the units of measurement for each SIC category at the facility. SIC categories should use the units of measurement normally used by that industry. Product Raw Material Quantity Units Copper and Tin Anodes See Attachment I 3. Flow Indicate the volume of water discharged into the POTW and whether this discharge is intermittent or continuous .025 MGD n Intermittent . © Continuous 4of4 Attachment I Raw Materials and Process Additives Chemicals Production Metals Production Nickel Powder Copper Chops Copper Metal Tin Ingots Tin Metal Graphite Cobalt Metal Cleaner Sulfuric Acid Citric Acid Hydrochloric Acid Brass Metal Hydrofluoric Acid Phosphorus Hydrobromic Acid Nitric Acid Sulfamic Acid Hydrogen Peroxide Hydrogen Peroxide Acetic Acid Cobalt Carbonate Nickel Carbonate Chlorine Gas Activated Carbon Soda Ash Sodium Bicarbonate Sodium Hydrochloride Diatamateous Earth Aluseal P Powder Ployaluminum Chloride (Ultrafloc210IA) Sodium sulfide Nalco 9901 Anonic Floicculent Foamblock 868 Defoamer Njh2.' 14/01 .. r I Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 12, 2002 i c. l i .._ I_ L '� 1 L5 i k Mr. David W. Odom, P.E. Odom & Associates Engineering Inc. jt6 AUG 1 3 2002 152 E. Main Street Forest City, NC 28043 Subject: Use of Reclaimed Wastewater for Golf Course Irrigation in Shelby, NC Dear Mr. Odom, I received your letter dated July 25, 2002 in which you request answers to six specific questions regarding the possibility of reclaimed wastewater utilization at the Riverbend Golf Course. This letter is in response to your questions. I have numbered the answers to directly correspond to the numbered questions in your July 25, 2002 letter. 1 It is reasonable to propose that ponds #1, 15, and 17 be considered part of the reclaimed wastewater system. In this situation, the ponds will have to be operated and managed to maintain in compliance with the permit covering the wastewater irrigation system. 2 In accordance with 15A NCAC 2H .0219(k)(1)(A)(vii), no liners will be required if it can be demonstrated by predictive calculations or modeling methods acceptable to the Director, that use of the pond will not result in contravention of assigned groundwater standards at the compliance boundary. Should you have questions regarding the methods that are acceptable to the Director, please contact Debra Watts of the Division of Water Quality, Groundwater Section, Permits and Compliance Unit, at 919-715-6160. 3 The discharge channels would be treated similarly to the ponds, since they will be containment areas for reclaimed wastewater. Therefore, please see response 42 above. 4 In accordance with I5A NCAC 2H .0219(k)(1)(D)(ii)(III), existing underground distribution systems retrofitted for the purpose of distributing reclaimed water shall be taped or identified as required in 15A NCAC 2H .0219(k)(1)(D)(ii)(I) and in 15A NCAC 2H .0219(k)(1)(D)(ii)(II). This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. 5 The proposal to isolate the reclaimed wastewater irrigation system with other irrigation systems at the golf course through the use of valves would be acceptable to the Division. The Division recommends the use of valves that do not depend solely on manual control by an operator. 6 The Division recommends you carefully review all criteria outlined in 15A NCAC 2H .0219(k) before submitting a permit request for a reclaimed wastewater system. With regards to ponds #1, #15, and #17 being considered as part of the reclaimed wastewater system; please note that this will require careful maintenance and operation of those ponds. The Division will require a minimum of two feet of freeboard at all times in the ponds. Inspections will be required as well as record keeping regarding maintenance and operation of the ponds. The Division has found that at some golf courses, maintenance and operation of storage ponds (and other ponds connected to the reclaimed wastewater system) to the criteria required by the Division is undesirable from an aesthetic aspect. We recommend that you discuss this in detail with the golf course prior to a permit submittal. _ If I can be of any further assistance, please do not hesitate to contact me at 919-733-5083 x502 or sue.homewood a,ncmail.net. Sincerely.. AUG 1 g 2002 Sue Homewood Cc:-Ashev_ille_Regional°Office, Water Quality_Sectioi�� Non -Discharge Permitting Unit Internet http://h2o.enr..state.nc us/ndpu NCDENR 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper may, � Odom A A &Associates v F g neering, Inc. July 25, 2002 Sue Homewood Non -Discharge Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 SUBJ: WASTEWATER RE -USE SYSTEM FOR GOLF COURSE IRRIGATION IN SHELBY, NC Dear Sue: The Town of Kingstown in Cleveland County is in the process of preparing a grant application for a sewer system under the NC Rural Development Center's "Unsewered Community" program. The preliminary engineering report will provide that the effluent from the Town be delivered to the City of Shelby's wastewater collection system and eventually sent to the City of Shelby's Wastewater Treatment Plant (WWTP). The grant application encourages innovative ways to minimize the volume of wastewater that is discharged to the State's waters. My firm is in the process of evaluating the feasibility of the installation of a sand filter at the Shelby WWTP for tertiary treatment and a pump to provide reclaimed effluent to the Riverbend Golf Course (which lies directly across the Broad River from the Shelby WWTP) for irrigation use. The City of Shelby and the owner of the Riverbend Golf Course have indicated some preliminary interest in this project depending upon the results of our evaluation. The current layout of the golf course irrigation system is currently divided into two systems. The Main System is the largest part of the irrigation system. It consists of a primary pond, which acts as a reservoir, a pumping station, and the irrigation distribution system. The primary pond is located downstream of three other ponds (pond #1, pond #17 and pond #15) and is fed by any overflow from these other ponds as well as springs. A visual inspection showed no stream flow into the primary pond at this time. The secondary irrigation system is fed from a different pond and is not being proposed to be included as part of the re -use system. 152 E. Main Street • Forest City, North Carolina 28043 • (828) 247-4495 • Fax (828) 247-4498 — 2 — July 25, 2002 The principal area of concern in the evaluation of this system is the requirement that the spray from the sprinkler heads have a 25 feet separation from any pond or stream. The other statutory requirements associated with a re -use system appear to be feasible. We are considering the following scenario to address all regulatory requirements. I have included a copy of the irrigation system as -built drawings as well as a quadrangle sheet showing the ponds and the Shelby WWTP. Pond #1, pond #17 and pond #15 have greens directly next to them so irrigation spray would impact the ponds. Because these three ponds (numbered based on the golf hole) drain into the primary pond, these ponds and any flow that discharge into them could be considered part of the reuse system negating the requirement that there be a 25 feet separation. These ponds would assist in attenuating the 25-year storm. The primary pond would have its overflow removed and have its dam raised to attenuate the 25-year storm. The portion of the primary irrigation system that irrigates holes #3, 4 and 5 would be isolated from the remaining portion of the primary irrigation system by the installation of valves that would normally be closed. A new pumping station would be constructed on pond #3 to provide flow to these three holes. This is necessary since the greens and fairways for these three holes have sprinkler heads that impact pond #3 and pond #5. Please note on irrigation system as-builts that the secondary system is isolated from the primary system by a normally closed valve. No changes are proposed for this arrangement. Based on this scenario, I would request that you address the following questions: 1. Is the proposal to consider ponds #1, 15 and 17 part of the reuse system valid? 2. Would there be any requirement to provide a liner for the primary pond or ponds #1, 17 and 15? 3. Is there any requirement to provide a liner for the discharge channels for ponds #1, 15 and 17? Please note that all three of these ponds are principally spring fed. There is currently no channel flow into or out of these three ponds. 4. Since this is an existing,irrigation system, is there any requirement to uncover existing pipes and mark them as containing reclaimed flow? 5. Is the proposal to utilize isolation valves to separate the three irrigation systems considered adequate? 6. Are there any other items we need to be concerned about regarding this proposal that I haven't addressed? I appreciate your review of this matter. Please feel free to contact me once you receive this packet. Sincerely David W. Odom, P.E. Cc: Mayor of Kingstown Coleman Keeter Jimmy McClain, Riverbend Golf Course Superintendent 152 E. Main Street • Forest City, North Carolina 28043 • (828) 247-4495 • Fax (828) 247-4498 Mr. Dee A. Freeman, City Manager City of Shelby P. O. Box 207 Shelby, North Carolina 28151 Dear Mr. Freeman: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OFWATERQUALITY March 26, 1999 APR 22 R, f r �. .v S Q�i✓lh a.. }��� Y t SUBJECT: Grant Application Shelby, North Carolina This will acknowledge receipt of three (3) copies of an application and supporting documents for a state grant to aid in the cost of a wastewater collection system to unsewered areas. Upon initial review of the application it was found that the following required items were not included: 1) Certification of Minority Business Percentage Goal. Certification from the authorized representative that this project will incorporate the minority business goals as adopted in accordance with G.S. 143-128 and the recipient will report the attained goals to the state. 2) Engineering and other professional services agreements, and contracts executed as of date of application 3) Local Government Water Supply Watershed Protection/Wellhead Protection Ordinance Evaluation Form (attached) 4) Letter from the Health Department 5) Zoning ordinance should have Resolution of Adoption attached. Proof of Land Use Plan should be submitted in order to receive zoning points. For High -Unit Cost Grant application, t;,e additional documents must be provided: 1) Official copy of applicant's existing water rate structure and sewer rate structure with documentation of an average monthly residential water and sewer user charge. Your average appears to have included commercial. (The documentation should be certified by authorized representative.) CONSTRUCTION GRANTS IN LOANS SECTION P.O. BOX 29579, RALEIGH, NORTH CAROLINA 27626-0579 PHONE 919-733-6900 FAX 919-715-6229 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER VPV -2- 2) Copy of Projected Project Revenue form if user rates are not at grant threshold for this unit (use attached form). Depending on the volume of applications and the availability of funds this review cycle, award of applications may depend on the priority criteria. Additional priority points may be obtained by submitting the items listed on the attachment titled "Priority Points". A check beside each item will indicate we have received this information and the priority points have been posted. Upon receipt of the items indicated, the application and supporting documents will be processed and prioritized. Submittal of final plans and specifications will place your application in a higher category for funding. Final plans and specifications should be submitted no later than June 1. 1999 in order to receive the higher ranking. If plans and specifications cannot be completed by June 1, 1999, please indicate the scheduled date for submission. Also, a monthly schedule of disbursement grant funds will be required prior to an award of funds. Please be advised that all supporting documentation, including documentation for priority points, must be submitted by April 30, 1999 in order to be included in the priority ranking. If I can be of assistance, please contact me at (919) 715-6216. DE/nw Enclosures cc: Odom & Associates SRG v`o Sincerely, G Don Evans, Supervisor State Revolving Loan & Grant Program Attachment PRIORITY POINTS (A check "✓" will indicate information already received) A. Planning & Water Conservation (Bonus Points) (1) Applicant demonstrates it has a continuing I/I program in its wastewater sewer maintenance program. (2) Applicant demonstrates it has a continuing program of water conservation education and information. (3) Applicant demonstrates it has established a water conservation incentive rate structure; created incentives for new or replacement installation of low -flow faucets, shower heads, and toilets; or has a water reclamation or reuse system. (4) Applicant demonstrates that it has adopted a comprehensive land -use plan that meets the requirements of G.S. 155H, Article 18 or G.S. 160A, Article 19, or applicant is a local government unit that is not authorized to adopt a comprehensive land -use plan, but that is located in whole or in part in another local government unit that has adopted a comprehensive land -use plan, and that the proposed project is consistent with the plan. (5) Applicant demonstrates that the comprehensive land -use plan exceeds the minimum state standards for the protection of water resources. (6) Applicant demonstrates that actions have been taken toward implementation of the comprehensive land -use plan. These actions may include the adoption of a zoning ordinance or any other measure that significantly contributes to the implementation of the comprehensive land -use plan. (7) Applicant has developed a capital improvement plan as defined in Session Laws 1998, Chapter 132. (8) Proposed project is consistent with the water supply watershed protection requirements of G.S. 143-214/5. (9) Applicant demonstrates voluntary water supply watershed protection activities in excess of the minimum requirements of G.S. 143-214.5 or 5 points 5 points 5 points 7 points 8 points 10 points 15 points J—l� 5 points 15 points (10) Applicant demonstrates it has developed a voluntary wellhead protection program, or applicant demonstrates it has both (9) and (10). - 20 points B. Wastewater Collection System (1) Project will expand existing system with treatment provided by: Regional System Applicant (2) New collection system with treatment provided by: Regional System Applicant (3) Public Health Need (certified by Local Health Department) (4) Financial need (5) Applicant is in a distressed county (6) Sewer Use Ordinance (adopted 6 points, draft 4 points) (7) Capital reserve find established by resolution (8) Proper accounting and fiscal reporting as evidenced by audit (9) All necessary sites, rights -of -way, or easements acquired; site certificates completed 25 points 20 points 20 points 15 points 20 points Q„Y,a- points L---- 10 points points t—,— 4 points 15 points 10 points 4) a State of North Carolina Department of Environment and Natural Resources Division of Water Quality v� James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director - February 1, 1999 Mr. Harlow L. Brown City Engineer P.O. BOX 207 Shelby, North Carolina 28151 V)VA All W NC,,DE.NR NORFirCAROLMAX4X�1MOURCES i4R�fMENT OF y LENVIRONM. f1N n't •2i d, Q-6, R 2 8999 Subject: Issuance of NPDES Permit NCO0245384 Shelby WWTP Cleveland County Dear Mr. Brown: The Division received your application for a wastewater discharge permit on June 30, 1998. Division personnel have reviewed and approved your application. 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 December 6, 1983, and 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, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. 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 Paul Clark at telephone number (919) 733-5083, extension 580. Sincerely, Original Signed By David A. Goo'dii icy➢ A. Preston Howard, Jr., P. E. cc: Central Files Mboiesville RegiondrOffice/Water Quality S`ectidi Mr. Roosevelt Childress, EPA NPDES Unit Point Source Compliance Enforcement Unit Aquatic Toxicology Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper r A Permit No. NCO024538 bl 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, City of Shelby is hereby authorized to discharge wastewater from a facility located at Broad River Wastewater Treatment Plant Off NC Highway 18 Southwest of Shelby Cleveland County to receiving waters designated as the First Broad River in the Broad 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 February 1, 1999 This permit and the authorization to discharge shall expire at midnight on August 31, 2003 ... Signed this day March 1, 1999 original Signed By J)avid A. Goodrich A. Preston Howard, Jr,, ., Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET City of Shelby is hereby authorized to: Permit No. NC0024538 Continue to operate an existing 6.0 MGD wastewater treatment facility consisting of a bar screen, grit removal, cylindrical fines screen, aeration basin, two primary clarifiers, two trickling filters, four final clarifiers, pump stations, two chlorinators, two sulfonators, sludge pump station, aerated sludge holding tank, two filter belt presses, ten ba sludge compost building, dual standby power generators and S not ie) located at Broad River Wastewater Treatment Plant, off NC Highway 18, southwest of Shelby, Cleveland County (See Part III of this permit), and 2. Discharge from said treatment works at the location specified on the attached map into the First Broad River (Class C waters) in the Broad River Basin. 11 Latitude:350 14' 28" Longitude:81° 34' 20" USGS Quad M G12NE River Basin #:030804 Receiving Stream: First Broad River Stream Class: C City of Shelby NCO024538 Cleveland County Broad River WWTP A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0024538 Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001 to the First Broad River. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average ..: Weekly . ,, Average.4 .,.. Daily Maxi.mum Measurement Frequency. Sample . ;,`r Type. _ Sample :Location (1.!;° Flow , 6.0 MGD Continuous Recording I or E BOD, '5-day, 20°C2 25.0 mg/I 37.5 mg/I Daily Composite E, I TSS2 30.0 mg/I 45.0 mg/I Daily Composite E, I NH3-N 18.5 mg/I Daily Composite E Temperature Daily Grab E, U, D Fecal Coliform 200/100 ml 400/100 ml Daily Grab E, U, D Dissolved Oxygen3 Daily Grab E, U, D Conductivity Daily Grab U, D Total Residual Chlorine Daily Grab E pH4 Daily Grab E Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Cyanide5,6 29 ug/I Weekly Grab E Seleniums 29 ug/I Weekly Composite E Coppers 2/month Composite E Silvers 2/month Composite E Zincs 2/month Composite E Chronic Toxicity? Quarterly Composite E I Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet, D - Downstream 1) Stice Shoals Dam and 2) above Beaver Dam Creek. Instream monitoring shall be -grab samples taken 3/wk (Jun -Sep) and 11wk (Oct -May). - 2 The monthly average effluent BOD5 and -Total Suspended Solids concentrations shall not exceed 15% of the respective influent value (85% removal). 3 'The daily average effluent dissolved oxygen concentration shall not be less than 5.0 mg/I. 4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5 The detection limit for cyanide is 10 ug/I. If the measured levels of cyanide are below the detection limit, then the measurement is considered to be zero for purposes of compliance evaluation and should be reported on the DMR as < 10 ug/I. 6 Toxicant monitoring shall coincide with toxicity sampling. 7 Chronic Toxicity (Ceriodaphnia), P/F, 17%; February, May, August, and November; See Supplement to Effluent Limitations and Monitoring Requirements - Special Condition A(2). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit No. NCO024538 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A(2). CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 17 % (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of February, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. 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 any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. 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. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessaryto 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 penmittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit IssuingAuthority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Actor "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 1. 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. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration;' other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges 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. 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 1 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. Part II Page 3 of 14 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. TyRes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval 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. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirem-qnt. 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 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 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 11 penalty not to exceed $125,000. Part H Page 5 of 14 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 I1, C4) and "Power Failures" (Part 11, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Proper!, 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. 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. Duy 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. Part I1 Page 6 of 14 10. ExRiration 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 Rcguirements 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 N 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 7 of 14 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. 1 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 (ORO 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, Chapter 8A .0202. The ORC of the facility. must visit each Class 1 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, Chapter 8A .0202. 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. Part II Page 8 of 14 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. 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 (0 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. Part II Page 9 of 14 5. URsets 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 br 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 I1, 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. 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. Part II Page 10 of 14 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: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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. 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 Part 1I Page 11 of 14 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 12 of 14 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 11. 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. Part II , Page 13 of 14 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. 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 Jisted 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 Il. 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. • • Part II Page 14 of 14 'Persons reporting suchoccurrences 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. t PART III OTHER REQUIREMENTS A. Requirements for Control of Pollutants Attribute to Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the 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 into the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the permittee shall either develop and submit to the Division a Pretreatment Program for approval per 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. B. Pretreatment Program Requirements 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 Part III Page 1 of 4 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) of 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; 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. 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; 6. Authorization to Construct (A to C) The permittee shall ensure that an Authorization to Construct (A to C) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an Authorization to Construct (A to C), 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: Part III Page 2 of 4 7a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and 7b. 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; SILT 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; 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 monthsto the Division at the following address: NC DWQ Pretreatment Group P.O. BOX 29535 RALEIGH, NC 27626-0535 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; Part III Page 3 of 4 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 two 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. C. 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. D. 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. E. Publicly Owned Treatment Works 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 into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. F. 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 III Page 4 of 4 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. 500 copies of this public document were printed at a cost of $135.50 or $.27 per copy. -l" To: Permits and Engineering Unit Water Quality Section Attention: Paul Clark SOC PRIORITY PROJECT: No Date: August 7, 1998 NPDES STAFF REPORT 'AND RECOMMENDATIONS County: Cleveland NPDES Permit No.: NCO024538 MRO No.: 98-41 PART I - GENERAL INFORMATION 1. Facility and Address: City of Shelby WWTP Post Office Box 207 Shelby, N.C. 28151 2. Date of Investigation: August 7, 1998 3. Report Prepared By: Michael L. Parker, Environ. Engr. H 4. Person Contacted and Telephone Number: Mr. Harlow Brown, P.E. (704) 484-6840. 5. Directions to Site: Travel south from the City of Shelby on Hwy. 18 to the jct of Hwy. 18 and the second intersection with Old Gaffney Road. Turn right at this intersection and immediately bear left onto a paved access road. The WWTP will be at the end of this paved access road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 350 14' 32" Longitude: 810 34' 31" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 12 NE 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Gently rolling topography, 3-8% slopes. The WWTP site is not located in a flood plain. 9. Location of Nearest Dwelling: Approx. 500f feet from the WWTP site. Page Two 10. Receiving Stream or Affected Surface Waters: First Broad River a. Classification: C b. River Basin and Subbasin No.: Broad 03-08-04 C. Describe receiving stream features and pertinent downstream uses: Good flow observed in the receiving stream at the point of discharge. There are no known dischargers between the WWTP's discharge and the Broad River. Downstream uses are primarily agriculture. ri o l PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: 6.0 MGD (Design Capacity) b. What is the current permitted capacity: 6.0 MGD C. Actual treatment capacity of current facility (current design capacity): 6.0 MGD 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 mechanical screening and grit removal followed by two primary clarifiers, two tri uhg filters, six diffused aeration tanks, four final clarifiers, a chlorine contact.clipber, dechlorination, an aerated sludge mixing/holding tank, a sludge thickener, belt filter press, and an invessel compost facility. 1 f. Description of proposed WWT facilities: Changes and/or up -grades to the existing WWT facilities will be necessary prior to this facility being capable of expanding to the proposed 8.0 MGD. g. Possible toxic impacts to surface waters: This facility is consistently passing it's toxicity tests. h. Pretreatment Program (POTWs only): approved. 2. Residual handling and utilization/disposal scheme: Residuals are being composted using an invessel type operation and are distributed as a Class A soil conditioner. 3. Treatment Plant Classification: Class IV (no change from previous rating). 4. SIC Code(s): 4952 Wastewater Code(s): 01 5. MTU Code(s): 40005 PPPPPPF' Page Three 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: The City has asked for the following changes/modifications to the current monitoring requirements: a. Request that the Permit contain a CBOD5 limit instead of a BOD5 limit. Defer comment to the TSB. b. Request a reduction in the monitoring frequency from weekly to twice per month for Cd, Cr, Ni, Pb, SE, and cyanide. If , in the opinion of the staff of the TSB that there is sufficient data to support this request, this Office will offer no objection. 3. Important SOC/JOC or Compliance Schedule dates: N/A PART IV - EVALUATION AND RECOMMENDATIONS The City of Shelby requests renewal of the subject Permit for the continued operation of the City's WWTP. There have been an upgrade of the WWTP since the Permit was last issued. A description of all current WWTP facilities can be found in Part H. No. 1(e). The City has also requested in a subsequent letter dated August 7, 1998, that the Permit contain effluent limitations for both 6.0 and 8.0 MGD. The City, it appears, may be faced with a possible WWTP expansion/upgrade during the term of this NPDES Permit renewal. Additional flow from proposed annexation areas as well as expected flow from various industrial contributors may result in average daily flows at or near current permitted (and design) capacity. Such being the case, the City will need to begin planning for the anticipated expansion using the yet -to -be -promulgated effluent limitations at 8.0 MGD. For this reason, it is recommended that the Permit be renewed as requested and containing effluent limitation pages for both 6.0 and 8.0 MGD flows. 'Signature of ReportPreparer Date Water Quality Regional Supervisor', Date h:\dsr\dsr98\shelby.dsr Permit No. NCO024538 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT i TO DISCHARGE WASTEWATER UNDER THE 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 Wdter Pollution Control Act, as amended, is hereby authorized to discharge wastewater Broad River off to.receiving waters designated as the First in accordance with effluent limitations, Parts I, H, and III hereof. This permit shall become effective This permit and the authorization to discharge Signed this day sty of Shelby )m a facility located at astewater Treatment Plant NC Highway 18 1west of Shelby veland County River in the Broad River Basin requirements, and other conditions set forth in expire at midnight on December 31, 1998 A. Preston Howa k, P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission FL- t `t Permit No. NC0024538 SUPPLEMENT TO PERMIT COVER SHEET City of Shelby is hereby authorized to: 1. Continue to operate an existing 6.0 MGD wastewater treatment facility consisting of a bar screen, grit removal, two (2) primary clarifiers, two (2) trickling filters, two (2) final clarifiers, recycle pumps, disinfection facilities, sludge thickener, vacuum press, and sludge incinerator (presently not in use) located at Broad River Wastewater Treatment Plant, off of NC Highway 18, southwest of Shelby, Cleveland County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into the First Broad River which is classified Class C waters in the Broad River Basin. T 0-��� W0- �3n-cl� r\-� � 7) a n o b C' 0 . It 351 447 S v-,o o, )R', v ev W W T C, 1%�- I 5\10 LEI N coo 7- 4 e) 3116 - 4654 1 448 SHEii3y 6 Afl�(SH EL BY 1:62 500) 32'30" 451 rse 450 1 57 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning on the effective date of the permit and lasting until expansion of the upstream water plants, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Flow BOD, 5 day, 200C** Total Suspended Residue** NH3 as N Dissolved Oxygen Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Chronic Toxicity*** Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Ava. Weekly Avq. Daily Max Frequency Type Location 6.0 MGD Continuous Recording- I or E 30.0 mg/I 45.0 mg/I Daily Composite E, I 30.0 mg/.l 45.0 mg/I Daily Composite. E, I Daily Composite E Daily Grab E, U, D 200.0 /100 ml 400.0 /100 ml Daily Grab E, U, D Daily Grab E Daily Grab E,U,D Quarterly Composite E Quarterly Composite E Quarterly Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above the discharge, D - Downstream (1) just above Stony Shoals Dam, and (2) just above the confluence of Beaverdam Creek Upstream and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85 %) removal. *** Chronic Toxicity (Ceriodaphnia) P/F at 12%; February, May, August and November; See Part III, Condition F. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning on the effective date of the permit and lasting until expansion of the upstream water plants, the Permittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Discharge Limitations Monitoring Requirements Units (specify) Measurement Sample *Sample Monthly Avg. Weekly Avg; Daily Max Frequency Tvae Location Conductivity * Grab U, D Cadmium 17.0 ug/I Weekly Composite E Chromium 426.0 ug/1 Weekly Composite E Nickel 750.0 ug/1 Weekly Composite E :yanide 43.0 ug/1 Weekly Grab E " Copper Monthly Composite E Lead Monthly Composite E Zinc Monthly Composite E Silver Monthly Composite E eld: A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning after expansion of the upstream water plants and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Flow BOD, 5 day, 20*C** Total Suspended Residue** NH3 as N Dissolved Oxygen *** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Chronic Toxicity**** Discharge Limitations Monthly Avg. Weekly Avg. 6.0 MGD 25.0 mg/I 37.5 mg/I 30.0 mg/I 45.0 mg/I 18.5 mg/I 200.0 /100 ml 400.0 /100 ml Monitoring Requirements Measurement Sample *Sample Daily Max Frequency TY Re Location Continuous Recording I or E. Daily Composite E, I Daily Composite E,.I Daily Composite E Daily Grab 'E, U, D Daily Grab E, U, D Daily Grab E Daily Grab E,U,D Quarterly Composite E Quarterly Composite E Quarterly Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet, D - Downstream at 1) just above Stony Shoals and 2) just above the confluence of Beaverdam Creek Upstream and -downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August, and September and once -per week during the remaining months of the year. ** The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85% removal). *** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. *** Chronic Toxicity (Ceriodaphnia) P/F at 17%; February, May, August and November; See Part III, Condition G. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. -4, A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning after expansion of the upstream water plants and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Discharge Limitations Monitoring Requirements Units (specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Daily Max Frequency Type Location Conductivity Grab U, D Cadmium 11.0 µg/I Weekly Composite E Chromium 288.0 µg/I Weekly Composite E Nickel 507.0 µg/I Weekly Composite E Lead 144.0 µg/I Weekly Composite E Cyanide 29.0 µg/l Weekly Grab E Selenium 29.0 µg/l Weekly Composite E Copper 2/Month Composite E Zinc 2/Month Composite E Silver 2/Month Composite E 10 Part III Permit No. NCO024538 F. Chronic Toxicity Limit (Ceriodaphnia, Quarterly Pass/Fail) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 12% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of February, May, August and November. Effluent sampling for this testing shall' be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 Test data shall be complete and accurate and include all supporting chemical/physical;measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by -the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be reopened 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 and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. G. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY). a The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 17% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. State of North, Carolina Department of Environment t Al and Natural Resources 4• Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary D E N A. Preston Howard, Jr., P.E., Director July 1, 1998 N.C. OV �i a�is`�•1"`.'ll`AR„�1< Ire`#a�.�+:)U1aC"�i`ti Mr. Harlow Brown JUL 0 1998 City of Shelby B P.O. Box 207 RNISM Qf r pm, ly` a�qi �t�p ;rtf3i Shelby, North Carolina 28151 Subject: NPDES Permit Renewal Application Permit NCO024538 Shelby WWTP Cleveland County Dear Mr. Brown: The Division received your permit renewal application and renewal fee of $300.00 (paid by check #035926) on June 30, 1998. Thank you for submitting this package in a timely fashion. The permit renewal. for this facility has been assigned to Paul Clark of the NPDES Unit. Mr. Clark will contact you if further information is needed to complete the permit renewal. If you have any additional questions concerning renewal of the subject permit, please contact Mr. Clark at (919) 733- 5083, extension 580. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files _ Mo6resvilie_ Regional Office, Water Quality Section;- NPDES File P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles—Weaver@h2o.enr.state.nc.us NC DENR / DWQ / NPDES Permit Renewal Applications Renewal Package Checklist 1,API)ESXgmbk 4N., POQ245V. 38 Cleveland County The following items are REQUIRED for all renewal packages: t A cover letter requesting the renewal and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑,,I Q. If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.11.b. of the NPDES permit). A renewal fee of $300 in accordance with 15A NCAC 2H .0105(b). The fee is based on wastewater flow from the Shelby WWTP discharge. Make checks payable to NC DENR. See the note below concerning fee amounts. A narrative description of the sludge management plan at the subject facility. If your facility has no sludge management plan, explain the reason for this in your cover letter. Submit one original and two copies. The following requirement does NOT apply to municipal or non -industrial facilities. The following item applies to Industrial facilities only: ❑Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis in accordance with 40 CFR Part 122.21. Send the completed renewal package and appropriate fee to: Mr. Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 Raleigh, North Carolina 27626-0535 For renewal packages postmarked on or prior to July 4, 1998, submit a fee of $300. For renewal packages postmarked AFTER July 4, 1998, submit a fee of $400. MEMO INVOICE DES�RIPTION' AMOUNT DISCOUNT NET AMOUNT DETACH BEFORE DEPOSITING FIRST NATIONAL BANK 66-168 SHELBY, NC CITY OF SHELBY - 531 P.O. BOX 207 No. 035926 SHELBY, NORTH CAROLINA 28151 9 THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY lr THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. TO NC J) E NF' THE \N ORDER I Lll< OF LAUTHORIZED SIGNATURE 11903S926115 1:0S3101684Ii: 0000L0006IIm ....... ...... ;- . .... ... -.-- ........... . .. 0 rl-t 6t) ` r pF SHF %P eaa G. f4BY. CITY OF SHELBY BOX 207 - WASHINGTON AT GRAHAM ST. -SHELBY NORTH CAROLINA 28151 - 0207 REGISTERED MAIL June 26, 1998 Mr. Charles H. Weaver, Jr. North Carolina Department of Environment and Natural Resources Division of Water Quality, NPDES Unit Post Office Box 29535 Raleigh, North Carolina 27626-0535 RE: NPDES PERMIT RENEWAL APPLICATION FOR CITY OF SHELBY WASTEWATER TREATMENT PLANT NPDES PERMIT NO. NCO024538 Dear Mr. Weaver: Attached are three (3) copies of the application for Ref. permit together with a check for the permit application processing fee in the amount of $300.00. The City of Shelby Wastewater Treatment Plant is currently permitted to discharge 6.0 MGD to the First Broad River under Permit No. NCO024538 which expires on December 31, 1998. This application is for renewal of the current permit. Since the previous NPDES permit application, Shelby has constructed a septage receiving station at the plant headworks. The structure has been completed and the city anticipates beginning to receive septage toward the end of the third quarter of 1998. The city requests DWQ's serious consideration of the following items for permit renewal: NPDES Permit Renewal Application Page - 2 1. Request that DWQ establish the 7Q 10 flow in the First Broad River at the Wastewater Treatment Plant discharge point, and further that DWQ use this value in any analysis to develop permit limits. Please provide documentation of the methods used to establish the 7Q 10 flow. The City of Shelby is very interested in an accurate 7Q10 flow and therefore offers to assist DWQ as needed in establishing this value at the Wastewater Treatment Plant discharge point. 2. Request that the permit contain a CBOD limit instead of a BOD limit. 3. Request a reduction in monitoring frequency from weekly to two times per month for cadmium, chromium, nickel, lead, cyanide, and selenium. 4. Request permit language setting non -detect equal to a value of zero for purposes of averaging to determine compliance. 5. Provide the City of Shelby with the Fact Sheet prepared as part of the draft permit development, as soon as it is available. 6. Provide documentation of methodology, data, and assumptions used in any Reasonable Potential Analyses that may be conducted. 7. Provide information addressing DWQ's consideration of metals partitioning and bioavailability in the development of permit limits. 8. Provide documentation of the reference location used in any bioassessment evaluation. 9. Request a copy of any comments that DWQ may receive from the public regarding this permit renewal. NPDES Permit Renewal Application Page - 3 We understand that DWQ has formed a Triennial Review Advisory Committee which has made recommendations for changes to some of the surface water quality standards. One of the recommendations of the Committee is to allow the use of dissolved or other toxic forms of cadnium, nickel, and other metals to develop permit limits for the protection of aquatic life. The proposed rule change would allow facilities to conduct studies to determine the toxicity of these metals in their discharge. Although the proposed rule essentially states that the studies must be provided at the time of application by the permittee, we understand that numerous comments were received about that statement at the public meetings on the proposed rule changes and that DWQ will consider removing "at the time of application" from the proposed rule. The City of Shelby may conduct studies to support the determination of the toxic form of metals limited in our draft permit. If you should have any questions during your review or need additional information, please contact me at (704) 484-6840 or Francine Durso, P.E., with our Consulting Engineering Firm, Arcadis Geraghty & Miller, in their Raleigh office at (919) 782-5511. Sincerely, Harlow L. Bro , P. City Engineer Enclosures Copy: Dee Freeman; City Manager John Rhom, Wastewater Treatment Plant Chief Operator Francine Durso, P.E.; Arcadis Geraghty & Miller C NORTH CAROLINA DEFT. OF ENVIRONNlF-NT, HEALTH, AND NATURAL RESOURCES ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER STANDARD FORM A - MUNICIPAL SECTION I. APPLICATION AND FACILITY DESCRIPTION Unless otherwise specified on this form all items are to be completed. If an item is not applicable indicate 'NA'. ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER TO BOOKLET BEFORE FILLING OUT THESE ITEMS. 1. Legal Name of Applicant 101 (see instructions) 2. Mailing Address of Applicant (see Instructions) Number & Street 102a City 102b State 102c Zip Code 102d 3. Applicant's Authorized Agent (see Instructions) Name and Title 103a Number & Street 103b City 103c State 103d Zip Code 103e Telephone 103f 4. Previous Application If a previous application for a permit under the National Pollutant Discharge Elimination System has been made, give the date of application. 104 I certify that I am familiar with the information c information is true; complete, and accuraa Printed Name of Person SEAL Signature of Applicant or utho ,zed Agent Please Print or Type City of Shelby Post Office Box 207 Shelby North Carolina 28151-0207 John Rbnm Chief Treatment Plant Operator Post Office Box 207 Shelby North Carolina 28151-0207 704 494-6890 Area Number Code 93 2 29 YR M0 DAY in this application and that to the best of my knowledge and belief such 102e I City Engineer Title 102f I 98 6 _29 YR Mo DAY Date Application Signed North Carolina General Statue 143 21 b� ,J rov, .4th Any person who knowing) makes any false statement representation, or certification in any app ,d roc oM rt, plan, or other document Iles or required to be maintained under Article 21 or regulations of the Env,ronmenta azdement Commission implementing that Article, or who falsifies, tampers with, or knowinely 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 or a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine or not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) 5. Facility (see instructions) Give the name, ownership, and physical location of the plant or other operating facility where discharge(s) presently occur(s) or will occur. Name Ownership (Public, Private or both Public and Private) Check block if a Federal facility and give GSA Inventory Control Number Location: Number & Street City County State 6. Discharge to Another Municipal Facility (see instructions) a. Indicate if part of your discharge is into a municipal waste trans- port system under another re- sponsible organization. If yes, complete the rest of this item and continue with item 7. if no, go directly to item 7. b. Responsible Organization Receiving Discharge Name 7 Number & Street City State Zip Code c. Facility Which Receives Discharge Give the name of the facility (waste treatment plant) which re- places and is ultimately respon- sible for treatment of the discharge from your facility. d. Average Daily Flow to Facility Facility Discharges, Number and Discharge Volume (see instructions) Specify the number of discharges described in this application and the volume of water discharged or lost to each of the categories below. Estimate average volume per day in million gallons per day. Do not include intermittent or noncontinuous, overflows, bypasses or seasonal dis- charges from lagoons, holding ponds, etc. ITOT 105c 105d 105e 105f 105g 105h tL"-'E M Flleg BRoAy qww, wA-s F-,- TES -reVATMS-rr ?(.A"-r PuB D PRV ❑ BPP FED N,4 A40 S mn-rk "T-5 % r--TrV S�G k [�OZS'K �2c7lAN A Yes AND mgd To: Surface Water 107a1 Surface Impoundment with 107b1 no Effluent Underground Percolation 107c1 Well (Injection) 107d1 Other 107e1 Total Item 7 107f1 If'other' is specified, describe 107g1 If any of the discharges from this facility are intermittent, such as from overflow or bypass points, or are seasonal or periodic from lagoons, holding ponds, etc., complete item 8. 8, Intermittent Discharges a. Facility bypass points indicate the number of bypass 108a points for the facility that are discharge points.(see instructions) b. Facility Overflow Points Indicate the number of overflow 108b points to a surface water for the facility (see instructions) c. Seasonal or Periodic Discharge Points Indicate the number of 108c points where seasonal discharges occur from holding ponds lagoons, etc. g. Collection System Type Indicate the type and length (in 1G9a miles) of the collection system used by this facility. (see instructions) Separate Storm Separate Sanitary. Combined Sanitary and Storm Both Separate Sanitary and Combined Sewer Systems Both Separate Storm and Combined Sewer Systems 100b Length 10. Municipalities of Areas Served (see instructions) 110a 110a 11oa 110a 110a Total Population Served Number of Total Volume Discharged, Discharge Points Million Gallons Per P�RMtTTf✓7 107a2 -Q'�'1 FLDW=G,i> H A 107b2 107c2 WA 107d2 M A 107e2 —' —I— MIA 107t2 3. C®1 Ad'6, SST SAN CSS ❑ BSC SSC 40 miles Name (,Ity OF S�H.BY Actual Population Served 22 00 0 11. Average Daily Industrial Flow Total estimated average daily waste 111 mgd flow from all industrial sources. Note: All major industries (as defined in Section IV) discharging to the municipal system must be listed in Section IV. 12. Permits, Licenses and Applications List all existing, pending or denied permits, licenses and applications related to discharges from this facility (see instructions) Issuing For Type of Date Date Date Expiration Agency Agency Permit or Filed Issued Denied Date Use License ID Number YR/MO/DA YR'MOiDA YR'MO/DA YR/MO/DA ................ NFDEs Ncoo?AS 2.25.43 3.1.94 N A %ftg NCp>ENf� <<` >< y` af- wg000� o ►z•q9 3.3► 98 U(A 2.28.03 2. fit- 'PERrvt�-t' 'Fact'T�kE �t�►$�ZcoN of 13. Maps and Drawings Gt-A�yS A RSO5%VOALs Attach all required maps and drawings to the back of this application. (see instructions)—1.1N�Acr^' ArT'TAGKED 14. Additional Information Item : >.114 Number Information l2 'T'l-tfc ww"C'P t��Grcw o5e�.coS VRow1 E - vtmt i OF- Bacucm IMI S "-C-- AS PEA -VAlaiR N ►r"'•SriZ#%%xt 1J o . KG ►q 3 ' ALt- 'aco5cx.� S RE 1QC•EcOSO 19s0 NE A c-rw A-r�a u o � s-cATt v tv . a FOR AGENCY STANDARD FORM A - MUNICIPAL SECTION II. BASIC DISCHARGE DESCRIPTION Complete this section for each present or proposed discharge i includes discharges to other municipal sewerage systems in wh being discharged to surface waters. Discharges to wells must I this faciliry. Separate descriptions of each discharge are requl for an existing discharge should be representative of the rwelvt should reflect best engineering estimates. ADDITIONAL ICATTED. REFER UTOIONS OSELECTED BOOKLET BEFO E INDICATED.FILLING OI 1. Discharge Serial No. and Name a- Discharge Serial No. 201a (see instructions) b. Discharge Name 20.lb Give the name of discharge, it any (see instructions) C. Previous Discharge Serial No 201c If a previous NPDES permit application was made for this dis- charge (Item 4, Section 1) provide previous discharge serial number. 2 Discharge Operating Dates a- Discharge to Begin Date 202a If the discharge has never occurred but Is planned for some future date, give the date the discharge will begin. b. Discharge to End Date If the 202b discharge is scheduled to be discontinued within the next 5 years, give the date (within best estimate) the discharge will end. Give reason for discontinuing this discharge in Item 17. 3. Discharge Location Name the political boundaries within which the point of discharge is located: State 203a County 203b (If applicable) City or Town 203c 4. Discharge Point Description (see instructions) Discharge into (check one) Stream (includes ditches, arroyos, 204a and other watercourses Estuary' Lake Ocean Well (injection) Other If 'other' is checked, specify type 204b 5. Discharge Point - Lat1ong. State the precise location of the point of discharge to the nearest second. (see instructions) Latitude 205a Longitude 205b idicated in Section I, Items 7 and 8, that is to surface waters. This ich the waste water does not go through a treatment works prior to )e described where there are also discharges to surface waters from red even if several discharges originate in the same facility. All values previous months of operation. If this is a proposed discharge, values PPEAR IN SEPARATE INSTRUCTION BOOKLET AS JTTHESE ITEMS. GAO f, rrI'%ZST t'3ZDA0 [70� YR MO iA N R MO Aaency Use OQTV-{ L'I t-A A 203d . C,l fa7�l.ArjO _ 203e S 4-1ELax 203f X STR EST LKE OCE WEL � OT N 3S DEG. __ ¢ MIN. 33 SEC N 84 DEG 34' MIN 30 SEC W (O v w p -o < Q p `2 =fig p (p `� fo 0�8 d (D - (D (D CD w CD(=/�i N N < Of n (D (�pv m (D (Dm :-O w . .� -o (Do (o F C (D OOP w3= o(D w< CD (D N G) N. 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(D mom am D o a_ D �N " w (D (DQ (D gN azo O OUO=rCO wpa w m m ai CD m m� (D _ (p O (D CD(DN w N p pCD � N 4 VN S CD (DCD `Dg mw o = l0 w (D o w (D o(D ^• z (D 0. ow CD — N N c?� � D � m IOU oA� X d 0 i :+R•v+�•vi itc+o s aNb 47ib'i.''93b.1. =-LN-iWCClSVVV Q 1v'13 rf,3-0 AN --?F -� S o _ •� r1� ` �votL c`��?1o'1H7� -iF pas ?CIS y►cgw cvOF if n10-1-,0�• b �ye�y�p b3 ellZ (suogonAsul S '7Qbd aaS) 'angeJJeu lauq a ylim a6leyoslp siyl uo pasn seoll oeid luawalege alsem equosaa uondijosaQ luawleal1 a6JEyosIQ E luawleajl e8jeyosia l l 03Q ❑ AON ❑ , ioo ❑ d3S ❑ onv ❑ -in ❑ -sin000 Allewjou a6jey0sip 8y1 N N r ❑ Am ❑ adt/ ❑ uaym fear( ayl 6uunp sywow d1� UVVq ❑ 93d ❑ Nv ❑ poLZ ayl�pa4O s43uoW-aouaLn000 861eyosia oipouad/:leuoseaS •p s�lep up aouaffn000 a6fepsip Lpue 10 uoq efnp 86efane ayl ani!D uopefnd Sh-P oOLZ a6feyosi4 oipouad/leuoseaS o // -suope6 puesnoyl ul aouafm000 a6feyosip fad awnJon a6ef9ne ayl aniE) awnlon aouaffn000 a6{e4osip fad suoile6 puesnoyl g0te a6fey3si(3 aipouad/leuoseaS q fear( fad sfn000 96feyosip siyl sawq 10 fagwnu alewlxofdde Jo 1eru)e ayl ani6 "018'uoo6el 'puod 6uippoy a wdy luaAlw lead fad sawil eoLZ -falul si a6feyosip 11 kuenbafd N a6fe4osid oipouad/leuoseaS E sa6feyosia oipouad/peuoseaS Ol L L wall of paaoad fia C'nQV2i3hO.%Joj luapauifadsuolpe6puesnoyl N ZP60Z . fayleam —1 V.11 0005-V luappul fad suolle6 puesnoyl �/ �y Lp603 fayleam lamM •suolpe6 puesnoyl up weppup mop}fano fad awnlon a6efane 0418AID awnlOA mo1}fanO p CY1O'1�'2T31�O Lb15)B sfnoy br N Zo603 fayleam,G4 —6 v3 S-6 noti r F -0 sfnoy 6 N p 6oa fayleom lam -sf noy up uogefnp moPano 86Mane ay1 anlE) uollefnd moppaAo o 839Wf1N IV183S 301dt/HOSIa �7ile�s�e]J►N]'��L9� b. Discharge Treatment Codes Using the codes listed in Table I of the Instruction Booklet, describe the waste abatement processes applied to this dis- charge in the order in which they occur, if possible. Separate all codes with commas except where slashes are used to designate parallel operations. If this discharge is from a municipal waste treatment plant (not an overflow or bypass), complete Items 12 and 13 12. Plant Design and Operation Manuals Check which of the following are currently available a Engineering Design Report b. Operation and Maintenance Manual 13. Plant Design Data (see instructions) a. Plant Design Flow (mgd) b. Plant Design BOD Removal(%) C. Plant Design N Removal (%) d. Plant Design P Removal (%) e. Plant Design SS Removal (%) f. Plant Began Operation (year) g. Plant Last Major Revision (year' DISCHARGE SERIAL NUMBER OO � 211b I s . Gr . G . Fr AS W (COrA Porgy- 212a 212b 213a 213b 213c 213d 213e 213f 213g ON Fv%_e- A-r a0NsL.T: 04Kig. oVF(CE. A G • o mgd :78J_% i4(% bJ% 7$S % ia(o 9S I UN 10 11111 DISCHARGE SERIAL NUMBER OLO I 14. Description of Influent and Effluent (see Instructions) Inhuent trtiuent Parameter and Code - A nnual Average ri� Tn_ Average --70—west Monthly R7_ 'g est Monthly- cy of Analysis Number ot Analyses -ample Type 214 Value Value Average Average Value Value (1) L2)_ (3) (4) (5) (7) Flow Million gallons per day 50050 T3 -•- collsr Q pH Units .. ........ 6, 00400 .0 Temperature (winter) -1/1 I -Pr 0-C ICc LIP -1 74028 Temperature summer� 'Pr to C, 74027 Fecal Streptococci Bacteria 100 ml Number/ 74054 N(A (Provide if available) X —7-ec-aTColiform bacteria Number/1 00 ml 74055 (Provide if available) :X XX x Total coliform Bacteria N.: Number/100 ml 74056 x . .. ... ..... . i (Provide it available) y S/� 24 He. mg/l 8.2 Q►.Cj i3'3 2&0 c' 0031013% Ch emical Uxygen 7Te Tma­n c7-- (COD) mg!] (� —''4 qA 00340 (Provide it available) OR Total Organic Carbon (TOC) mg/I 00680 w1A (Provide e if available) (Either analysis is acceptable) Chlorine-Total_R_es_2_uaF_ 0.005 61 mgA 50060 OA 0-7-1-7 01 LA.T1RAScDi%,1l.C_ L_evFL_ 11JfAc_4-Mr?_ A—, f-F-fL0P_VJT- WIF-tP— 1 oc DISCHARGE SERIAL NUMBER p0 1 14. Description of Influent and Effluent (see Instructions) (Continued) Influent uent Parameter and Code .Annual Average nu Average owest Monthly Highest Monthly Frequency of Analysis Number of Analyses Sample lype Value Value Average Average 214 (1) (2) Value (3) Value (4) (5) (6) (7) Total o i s' mg/I C0500 N (� 1 - otal DissolvedSolids 70.'030 AO � r lotal SuspendedSolids e-4 0053530 I S 5 I IV 1, &.0 �� � 5/'7 1 'Z (s0 G Settleable Matter (Residue) ml/I 00545 V�► ` Ammonia (as ) mg/I 00610 �1 JA (Provide if available) DTAL KjeldeNitrogen x N2 e oo -eee o- NIA •1 1 • ` 12. 0 5 ^4 (Provide if available) ( G Nitrate as mg/I 00620 JA (Provide if available) rtrite . as mg•n 00615 d NIA (Provide if available) /� Phosphorus Total (as ) mg/I x �ZtI- �-IQ 00665 if JA 2.'Z5 2.00 v°o f}i iQ. �• Ci (Provide available) isso veOxygen ) mg/I 00300 • •�y�k' -7,6 FOR AGENCY USE DISCHARGE SERIAL NUMBER '--- 15. Additional Wastewalor Characteristics Check the box next to each parameter if it is present in the effluent (see instructions) Parameter Present Parameter Present Parareter Present (215) (215) (215) Bromide Cobalt Thallium 71870 01037 01059 Chloride Chromium Titanium 00940 01034 , 01152 Cyanide Copper Tin 00720 X 01042 01102 Fluoride Iron Zinc 00951 %C X 01045 01092 Sulfide 00745 —' Lead Algicides' 01051 74051 Aluminum �[ Manganese Chlorinated organic compounds' 01105 • 1� 01055 74052 Antimony 01097 3 Mercury 71900 Oil and grease —0 C0550 Arsenic Molybdenum Pesticides' 01002 01062 74053 Beryllium Nickel Phenols 01012 01067 32730 Barium Selenium Surfaclanis 01007 01147 38260 Boron Silver Radioactivity' 01022 01077 74050 Cadmium 01027 JX� 'Provide specific compound and/or element in Item 17. if known. Peslicides (Insecticides, fungicides, and rodenticides)musi be reported in lernrs of the acceplable common names specified in Acceptable Common Nantes and Chemical Nantes for the Ingredient Statement on Pesticide Labels, 2 nd Edition, Environmental Proleclion Agency, Washington, D C. 20250, June 1972, as required by Subsection 162.7 (b) of the Regulations for the Entomernenl of the Federal Insecticide, Fungicide, and Rodenlicide Act. ►` IF-M l--1 —j� iT�M i (S0TC r7 —� DISCHARGE SERIAL NUMBER 16. Plant Controls Check if the following plant COnE'ds are avaL- ie for this 716 Ahernate source for major rac+inY pumping i -ducing those for collection system lift stations %PS Alarm for power or equipment ALM failure 17. —fte—mliumber Descripbon - ovjG�t.ow CAev acG�R�Rdtn-�� l+�t%Wf3N'[' l�t1i� STgMoN A,-r UrWF:5^lAAA- RAW WAS-MWATER- lM -fNE Gam'' PLAt- ` LD GeG G BOTH A FAALME t rMA12 'SOW NO AlW2E OF; L L11A6 E TI «— I W!-lll_ Ul. 011. 6 WEB N D �-iEA ANAL--MC-A N Tt-h tS pO55tpA f -MAT TVASSS IMA M N jjjE C-F LUEr•t Tt ac FEEENT' A� TK E I►J l.V E ir' 15 — �v uw�►ttn��t w ►� I�E4 OJSz.1N t E 1 q5 ANIJufl(.. dLl..v'tANT ANIAI� SI ON t i t� N -rtns !d = O .5 M ErA 1... w A S Vi--I c.TF.A tN �w1 � cra,R. SA�at,c N Zoo a E Gotu �dL^t rc0 ►w t 1q9 141 15 3 o t t WAS PeTIE5CM— V tN V-6 t9ci 4-- (uo 1 RS At.JOOAL. Ot_ UTAI fr ANAL SLS tAWCrOI-IVJ vj" I -LOT Dsc'i'i✓L�iJ IN tiHE L`01.1,0 w� 1�fciCo 1R9. SArv�t�ucu Ra�TII�.tcS 41) 13 —FOR AGENCY USE: STANDARD FORM A - MUNICIPAL SECTION III. SCHEDULED IMPROVEMENTS AND SCHEDULES OF IMPLEMENTATION This section requires information on any uncompleted implementation schedule which has been imposed for construction of waste . treatment facilities. Requirement schedules may have been established by local, State, or Federal agencies or by court action. IF YOU ARE SUBJECT TO SEVERAL DIFFERENT IMPLEMENTATION SCHEDULES, EITHER BECAUSE OF DIFFERENT LEVELS OF AUTHORITY IMPOSING DIFFERENT SCHEDULES (ITEM 1b) AND/OR STAGED CONSTRUCTION OF SEPARATE OPERATIONAL UNITS (ITEM 1c), SUBMIT A SEPARATE SECTION III FOR EACH ONE, . . Improvements Required a Discharge Serial Numbers Affected List the discharge serial numbers, assigned in Section Il, that are covered by this implementation schedule b. Authority Imposing Require- ment Check the appropriate item indicating the authority for the implementation schedule If the identical implementation schedule has been ordered by more than one authority, check the appropriate items. (see instructions) - Locally developed plan Areawide Plan Basin Plan State approved implementation schedule Federal approved water quality standards implementation plan Federal enforcement procedure or action State court order Federal court order 301a ti C'Ta C u Q.g.v�r.+ mL - -r"e4Z E 4,2c t�-tO 50,-�,DQ LE,0 I M�R�v EwtEn�'rS OR- Ch ^"s fbv t M4:0aV a4'tS vT5 _ua 301b LOC N lr F—JARE BAS El SOS WQS F-1ENF CRT FED C. Improvement Description Specify the 3-character code for the General Action Description in Table If that best describes the improvements required by the implementation schedule. If more than one schedule applies to the facility because of a staged construction schedule, state the stage of construction being described here with the appropriate general action code. Submit a separate Section III for each stage of construction planned. Also, list all the 3-character (Specific Action) codes which describe in more detail the pollution abatemenes that the Implementation schedule requires. 3-character general action 301c PC description 3-character specific action) 2. Implementation Schedule and 3. Actual Complete Dates Provide dates imposed by schedule and any actual dates of completion for implementation steps listed below. Indicate dates as accurately as possible. (see instructions) �A Implementation Steps 2. Schedule (yr/Mo/Day) 3. Actual Completion (Yr/Mo/Day) a Preliminary plan complete 3022 _! % 303a b. Final plan complete 302b /_ 303b c. Financing complete & contract 302c _!_/_ 303c awarded d. Site acquired 302d _/ / 303d e. Begin construction 302e _% / 303e f. End construction 302f / 303f g. Begin discharge 302g _� 303g ! h. Operational level attained 302h ! / 303h —/ / r M c: L. Y UJc STANDARD FORM A - MUNICIPAL SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a dessipticn of each major industrial facility discharging to the municipal system, using a separate Section IV for each facility desciption. Indicate the 4 digit Standard Industrial Classification (SIC) Coce for the incusay, the major product or raw' material, the flow (in thousand gallons per day), and the charac:edsacs of the wastewater discharged from the in ustrtal facility into the municipal system. Consult Table III for standard measures of products or raw materials. (see instructions) 1. Major Contributing Facility (see instructions) Name 1 401a I , C.d L,ArNP Gyiz;)o-ZATI,o Number & Street City County State Zip Code 2 Primary Standard Industrial Classification Code(see Instructions) 3. Primary Product or Raw Material (see instructions) Product Raw Material 4. Flow Indicate the volume of water discharged into the municipal sys- tem in thousand gallons per day and whether this discharge is intermittent or continuous. b. Pretreatment Provided Indicate if pretreatment is provided prior to entering the municipal system 401b 401c 401d 401e 401 f 402 403a 40 b 1WZ 4aO1 'EA5'r Dtxoo BIr%/V. 51-11~c1,3� 2 51520 '3 S `3 Units(See Cuantity Table III) RE (MFW4,li v N cast 'ZSo mJ cr5 4We �c 1 W Mt r I SSdZS gtAQ IV a AL. 4C3d 403f �y thousand gallons per day Intermittent(int) �, Continuous (con) �( Yes ❑ No 6. Characteristics of Wastewater t)N�TS t1�1 GiJGt Ir4 (see instructions) im Parameter Name CD Parameter Number DU3ko 0053o p05S 0 pp t� 00 Value 14.4, w 23 8 S star Cr' C„ Name ammeter Number D10-1 D1aZ 1 0103L1• (7LOL}Z. Olds D105� OD1Zc7 �pO�j O.DIZ O.OS(o 0.05$ D.DoB CU.OII Value ,ppES rvM Al:c, (a Y U, c 1 Lrj STANDARD FORM A - MUNICIPAL SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of each major industrial facility discharging to the municipal system, using a separate Section IV for each facility description. Indicate the 4 digit Standard Industrial Classification (SIC) Coce for the incuscy, the major product or taw material, the now (in thousand gallons per day), and the dlaracteristics of the wastewater discharged from the industrial facility into the municipal system. Consult Table III for standard measures of pmduc5 or raw materials. (see instructions) 1. Major Contributing Facility (see instructions) _ C Name 1 401a 1 6 0:; i S5—'�Rt a k-4— hlk ! KT TE;,AS Number & Street City County State Zip Code 2 Primary Standard Industrial Classification Code(see Instructions) 3. Primary Product or Raw Material (see instructions) Product Raw Material 4. Row Indicate the volume of water discharged into the municipal sys- tem in thousand gallons per day and whether this discharge is intermittent or continuous. 5. Pretreatment Provided Indicate if pretreatment is provided prior to entering the municipal system 6. Characteristics of Wastewater (see instructions) 401b 401c 401d 401e 401 f rrK _ G 2Z ►5 z, Units(See Cuantity Table 111) �.1iZGRA F'T' 403c too 4We U"T' ?am s ALUrAuJv A zosd 4o3r 3 thousand gallons per day Intermittent(int) X Continuous (con) Yes ❑ No UN Llrs ip MC f .t F XGEIr -PI-1 Parameter Name ammeter Number 0031fl 00 S30 00550 00 400 Value 10$ A3 3 R•S ammeter A ��, Gv l ck Name ammeter Number D 10'1 0102 O 1a 34- 0k0AZ, D1gG 01051 00 _L0 D.DIo D.al(fl O.OD p•OS O.DI'j O.OIq O.DOCo Value r Fti C:c, L Y U.=_ STANDARD FORM A - MUNICIPAL SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of each major industrial facility discharging to the municipal system, using a separate Section IV for each facility description. Indicate the 4 digit Standard Industrial Classification (SIC) Coce for the incyus-,y, the major product or raw material, the flow (in thousand gallons per day), and the characteristics of the wastewater disc barged from the industrial facility into the municipal system. Consult Table III for standard measures of products or raw materials. (see instructions) 1. Major Contributing Facility (see instructions) Name 401a �CE „'t3�ZlGS Number & Street City County State Zip Code 2 Primary Standard Industrial Classification Code(see Instructions) 3. Primary Product or Raw Material (see instructions) Product Raw Material 4. Flow Indicate the volume of water discharged into the municipal sys- tem in thousand gallons per day and whether this discharge is intermittent or continuous. 5. Pretreatment Provided Indicate if pretreatment is provided prior to entering the municipal system 401b 401c 401d 401e 401t 9.10� pis _ Wonallat IzA ts-L zz2 � IL1.1 Unrts(See Cuantity Table III) �A?J2lG ac3c 3 2o�t I'e I�5 �`(2aR, SYtuT4f<E TtG I 403d I 1403f corrom 3Z i thousand gallons per day Intermittent(int) & Continuous (con) Yes ❑ No 6. Characteristics of Wastewater um" 1�C�I� P (see instructions) 0 Name eter 150D -TSS 04 -FyP1-1 ammeter Number D031 O Dov O � O $$D L1pL�0a Value 3 23 3 5 ammeter Name arameter Number 0103A- 0104Z. 0165 Value O. (ASS O.OZ. O.ODL(r. arameter Name arameter . ' Number DOUG* >- Value D.�c STANDARD FORM A - MUNICIPAL SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of each major industrial facility discharging to the municipal system; using a separate Section IV for each facility description. Indicate the 4 digit Standard Industrial Classification (SIC) Coce for the incusay, the major product or raw material, the flow (in thousand gallons per day), and the characteristics of the wastewater discharged from the industrial facility into the municipal system. Consult Table III for standard measures of products or raw materials. (see instructions) 1. Major Contributing Facility (see instructions) Name I 401a Number & Street City County State Zip Code 2 Primary Standard Industrial Classification Code(see Instructions) 3. Primary Product or Raw Material (see instructions) Product Raw Material 4. Flow Indicate the volume of water discharged into the municipal sys- tem in thousand gallons per day and whether this discharge is intermittent or continuous. 5. Pretreatment Provided Indcate if pretreatment is provided prior to entering the municipal system 401b 401c 401d 401e 401 f !06 �.0 .. 4C4a 404b 405 Units(See Quantity Table III) "e ex) Treaus co3c 4We M1 ME Zi!J thousand gallons per day In term ittent(int) Continuous (can) (, Yes No 6. Characteristics of Wastewater U N LTS ( N W.- JA vxceiri V (4 (see instructions) X. Parameter Name a aD `t'S S ammeter Number 0V550 00400 Value ammeter Name � ammeter Number Olall Moq?_ 0(034- O(osl 001?Z0 0.04_ 0.91— 0.24. 0.31 0.03 0.003 49.2q Value TV—) r M L-cNt. Jc STANDARD FORM A - MUNICIPAL SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of each major industrial facility disctarging to the municipal system, using a separate Section IV for each facility description. Indicate the 4 digit Standard Industrial Classification (SIC) Coce for the incusay, the major product or raw material, the flow (in thousand gallons per day), and the characteristics of the wastewater discharged tram the industrial facility into the municipal system. Consult Table III far standard measures of products or raw materials. (see instructions) 1. Major Contributing Facility (see instructions) Name I 401a I �'1 ✓-T���s �• Number & Street city County State ZIP Code 2 Primary Standard Industrial Classification Code(see Instructions) 3. Primary Product or Raw Material (see instructions) Product Raw Material 4. Flow Indicate the volume of water discharged into the municipal sys- tem in thousand gallons per day and whether this discharge is intermittent or continuous. 5. Pretreatment Provided Indicate if pretreatment is provided prior to entering the municipal system 401b 401c 401d 401e 401 f _016", 2510 WS6—( f7lYOr� $I.VD, S H aZ,r GL.6u E1_,�tJ 0 IC'5 Unrts(See Cuantity Table III) ELEG . CIA PS ao_t � l S 000 000 1 4CCe I STAt2T5/DA-( 53 thousand gallons per day ❑ Intenmittent(int) ;K Continuous (con) Yes ❑ No 6. Characteristics of Wastewater UN rrs IN &a I-C SX�FPT (see instructions) CJ Parameter Name �jc17 -i��-5 GI P1-1 Parameter Number C031� r�0530 QOSSD D0DO Value 4`5 Qr S •2 ammeter 60 N3. 6 Name arameter Number 01011 OtMl 01047Z 010& OkOSi ::. Value 14.030 0.00$ o.oZ2 O.OZS o.13-L rUM A Li c.N t.Y UJpw STANDARD FORM A - MUNICIPAL SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of each major industrial facility discharging to the municipal system, using a separate Section IV for each facility description. Indicate the 4 digit Standard Industrial Classification (SIC) Coce for the incussy, the major product or raw material, the flow (in thousand gallons per day), and the characteristics of the wastewater disc Barged frcm the industrial facility into the municipal system. Consult Table III for standard measures of products or raw materials. (see instructions) 1. Major Contributing Facility (see instructions) 2 Name j 401a � F-TAL,-7 Atm"tcA Number & Street City County State Zp Code 2 Primary Standard Industrial Classification Code(see Instructions) 3. Primary Product or Raw Material (see instructions) Product Raw Material 4. Flow Indicate the volume of water discharged into the municipal sys- tem in thousand gallons per day and whether this discharge is intermittent or continuous. 5. Pretreatment Provided Indicate if pretreatment is provided prior to entering the municipal system 401b 401c 401d 401e 401f ��: 4C4a 404b 405 1 � 5 OLD 30 L(NG, 'SP94 MA S PO sw6La-r NG -- 7 gtsz, Units(See Cuantity Tattle 111) NtCV47L Maw 4133d l2. thousand gallons per day Intermittent(int) ❑ Continuous (can) Yes r7 No 6. Characteristics of Wastewater UNM (Q K �,�% - (see instructions) J PH 11 Qi Parameter Name �C� Parameter Number o%t0 0053a 00550 019400 Value I 0 O 6 8.3 arameter Name !V ammeter >. Number (V CZ, p tOfs i • �� Q (• QQ Value rL D M= STANDARD FORM A - MUNICIPAL SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of each major industrial facility discharging to the municipal system, using a separate Section IV for each facility description. Indicate the 4 digit Standard Industrial Classification (SIC) Code for the industry, the malom hor product or raw into theimunicipal (system Consultons TableIII for standard measuresgof products orcs of the trawter materials. (see instructions) trial facility 1. Major Contributing Facility (see instructions) Name I 401a Number & Street City County State Zip Code 2. Primary Standard Industrial Classification Code(see Instructior 3, Primary Product or Raw Material (see instructions) Product Raw Material 4. Flow Indicate the volume of water discharged into the municipal sys- tem in thousand gallons per day and whether this discharge is intermittent or continuous. 5. Pretreatment Provided Indicate if pretreatment is provided prior to entering the municipal system g. Characteristics of Wastewater (see instructions) 406a 401b 401c 401d 401e 401 f E416 N11. 404a 404b 405 �LQvlS`Z zz �g Quantity iF 1[ n L iF Oraw 403c S,501,OO_ 403e A" 1:11144 u.►G 403d 403f 'Z& o thousand gallons per day Intermittent(int) Continuous (con) xYes No U N L T S I Q U&-L5 P Units(See Table III �b 160 0 -rss D PI-k G Gt� — 14� Name eter arameter Number 0o3to I&O On53a S. OCrj50 A0 Op�pp $.G oto34,; 0.00 oto4z D•O"jL{- e��45 D 19' Value d ` `I 7, 174, k_1 L L 7'( sr ii 61 ........... . . .Radio (WXIK'w 886 EIJI' A\ _.y�Jrwelve OaksWl city [A 0 Fire �ad Hall Fire I iC II I��I, moryll I, -T A, GN Park 4- B 71 MILS 0* 20' IM eew if Yr 6 MILS ar son,' hn UTM GRID AND 1983 MAGNETIC NORTH e r7z y DECLINATION AT CENTER OF SHEET 111 3 CP1 2-, Plas vlette Str,�e V, 700 aco Sky� e-in, L I V Theater T e 3,t Park ;I y 15rl J i'25 Location map V From U.S. Geological Survey Map, 1983 First Broad River ---'Chiristn Wastewater Treatment Plant Taberiar) 700 _nae e City of Shelby, Cleveland County, NC <, V1 18 age 1 of M urse \` tom? ...... 14U j -;7 p _,e r ar. ischarge ZIN 1110 //I � •� ,�', JCL , - � . L � ._ �,...�- �. C) 10 SHELBY, N. C. SCALE 01:2400 1 MILE SE/4 SHELBY 15' QUADRANGLE N3515 — W8130/7.5 1000 C, loco 2000 3000 - acoo SDco GCOO 7000 FEET 1 .5 0 1 KILOMETER 1983 -- DMA 4654 1 SE . —SERIES V842 CONTOUR INTERVAL 20 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 � r \ SEPi'A�i�. cCT DRAM REGEtY tn� {---------- --- -- Pi,1� 9TATpN 5 t'An K I FF I i I ►i BF- � LAR 8CT�i J RAW SEWAGE I nT MUM LM ;SCHLOW CONTACT TANKWAS PIA�P SLUDGE STATION THICKeERS Tlt(ENm SLIDGE o PUMPS � TIOII AERATED SLUDGE HOLDM TANK W COMaECTERS � AERATION BELT PRESS BLOWERS Fib PUMPS :Z0zBN S�4 'D' LEGEND NORM OPERATION ----WERKiTi3fT OMATM DISCNAROE TO FIRST BROAD I' VER COMPOST LWSTORAGE Schematic of Wastewater Flow First Broad River Wastewater Treatment Plant City of Shelby, NC Discharge Serial No. 001 ills Page 1 of 1 SHELBY WASTEWATER TREAT NPDES PERMIT NO. NCO024538 Narrative Description of the Sludge The sludge management system incluc and composting facilities. The aer, receiving point for primary slue filters, and thickened waste act primarily for maintaining sludge f: occur. The stored sludge is pumped Dewatered sludge is discharged to amendment product, such as tree ti etc., are added and blended. The into one of the mechanically aer� bays. After 21 days of treatment compost is available for use as a C control is managed through the use compost area.. June 26, 1998 PLANT Plan .es sludge holding, dewatering, ted sludge holding tank is the ge, scum from the 'trickling ivated sludge. Aeration is eshness, but mixing will also o belt presses for dewatering. the amendment mixer where the immings, yard waste, sawdust, sludge/amendment mix is loaded ted/agitated invessel compost plus 30 days of curing, the lass A soil conditioner. Odor �of a biofilter adjacent to the I PF __gate of North Carolina Department of Environment and Natural Resources Division of Water Quality lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director May 11, 1998 Thomas J. Shytle City of Shelby WWTP �..O. Box 207 .'helby, NC 28150 ►� !' NOr._DENR ,�Y r, e9M Subject: Renewal of NPDES Permit No. NCO0024538 Shelby WWTP Cleveland County Jear Permittee: he subject permit expires on December 31, 1998. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. x o satisfy this requirement, your renewal package must be sent to the Division postmarked no later than July 4, 1998. Failure to request renewal by July 4, 1998 will result in a civil assessment of at least $250.00. Larger denalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after December 31, 1998 (or if continuation of the permit is desired), the -)ermit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after December 31, 1998 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to �10,000 per day. if all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert +,armer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact he Mooresville Regional Office at (704) 663-1699 to begin the rescission process. ,Jse the enclosed checklist to complete your renewal package. The checklist identifies the items which you must submit when applying for renewal of the subject permit. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed below. ')incerely, Charles H. WeAv6r, Jr. / NPDES Unit =c: Central Files `Mooieiville-Regional Office, Water -Quality Section P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us NC DENR / DWQ / NPDES , Permit Renewal Applications Renewal Package Checklist NPDES Permit No. NCO024538 City of Shelby WWTP Cleveland County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting the renewal and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. F-1 If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.ILb. of the NPDES permit). ❑ A renewal fee of $300 in accordance with 15A NCAC 2H .0105(b). The fee is based on wastewater flow from the Shelby WWTP discharge. Make checks payable to NC DENR. See the note below concerning fee amounts. F-1 A narrative description of the sludge management plan at the subject facility. If your facility has no sludge management plan, explain the reason for this in your cover letter. Submit one original and two copies. The following requirement does NOT apply to municipal or non -industrial facilities. The following item applies to Industrial facilities only: F-1 Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis in accordance with 40 CFR'Part 122.21. Send the completed renewal package and appropriate fee to: Mr. Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 Raleigh, North Carolina 27626-0535 For renewal packages postmarked on or prior to July 4, 1998, submit a fee of $300. For renewal packages postmarked AFTER July 4, 1998, submit a fee of $400. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director September 7, 1995 Mr. David M. Wilkison, City Manager City of Shelby P. O. Box 207 Shelby, North Carolina 28151-0207 ATIUMON: Mr. Don Rohm Dear Mr. Wilkison: AT.R;WA IDEHNR `NW. DEPT. OF (ENVIRONMENT, HEALTII.� & NATURAL RESOURCES SEP 13 1995 01%S-1014 QF ElITRR.MIE!!HL URURESIVILLE QElf4ti! AL OFF! E SUBJECT:. City of Shelby Approval of Specifications Sludge Equipment Procurement Project No. CS370502-03 Review has been completed of the subject procurement specifications and contract documents by the Construction Grants & Loans Section of the Division of Environmental Management. The procurement documents are hereby approved, and authorization is granted for the purchase of the equipment listed below as determined eligible for Revolving Loan funding: - 48 Hp/75 cy/hr Trommel Screen with two discharge conveyors. The procedures listed in the General Statutes of North Carolina, Chapter 143 and in Federal Regulations 40 CFR 33, shall be used in the procurement of the subject equipment. Equipment having a value in excess of $25,000 must be purchased by formal bidding. For equipment having a value less than $25,000, purchase by informal bidding is acceptable. The administrative review and approval of these plan documents and any subsequent addenda or change order, does not imply approval of a restrictive specification for bidding purposes; nor is it an authorization for noncompetitive procurement actions. Prior to award of the contracts requiring a formal bid, the names of bidders and bids, the selected lowest responsible, responsive bidder, and the respective bid, shall be submitted by the City of Shelby to Mr. Tom Fahnestock, Construction Grants & Loans Section, Division of Environmental Management, P. O. Box 29535, Raleigh, North Carolina 27626, for approval. For informally bid projects, this information should be submitted after award and should include a written notification of award. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper PAGE 2 The approval of this equipment purchase does not constitute any change in the amount of your loan for this project. One (1) set of the final approved project documents is being forwarded to you, one (1) set retained for our files. If you have any questions, please contact Bennie Goetze, Jr. of our staff at (919) 733-6900, extension 625. Sincerely, —L �• z- A4--� V� W. S. Hoffman, Supervisor Design Management Unit KM cc: Piedmont, Olsen, Hensley Tom Fahnestock Don Evans Valerie Lancaster I5EMml�Ioo• resvill'It— %W a1K1R E CUei Bennie Goetze, Jr. CIU DMU SRF State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management \� James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director \ Mr. Donald F. Rhom Town of Shelby PO Box 207 Shelby, North Carolina 28150 Dear Mr. Rhom: A74NEW •• . ar t.ir "1, HEALTEL D I H Il RA4 1iSOURCES JUL 135 1If "9�; July 7, 1995 DIVISION OF F11VIR011MMITAL HIMIAGU ER-1 NPDES Permit ModificatIADERESVILLE REGIOH4 WRE NPDES Permit No. NC0024538 Broad River WWTP Cleveland County Subject: On. January 31, 1994, the Division of Environmental Management issued NPDES Permit No. NCO024538 to the Town of Shelby. A review of the permit has indicated that an error was inadvertently made in the permit. Accordingly, we are forwarding herewith modifications to the subject permit to correct the error. These permit modifications are to Part III, Condition G. Please find enclosed an amended Part III, Condition G and H page which should be inserted into your permit. The old pages should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. These permit modifications are issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. . 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, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning these permit modifications, please contact Mr. Charles Alvarez at telephone number 919/733-5083, extension 553. cc. Mr. Roosevelt Childress, PA ©_r�esvis!_e Rd.g°'"ie of office Central Files Permits and Engineering Files Compliance P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely yours, �. Preston Howard, Jr., P.E. Telephone 919-733-7015 FAX 919-733-2496 50% recycled/ 10% post -consumer paper Permit No. NC0024538 RONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) ..1„ „L�luent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 12% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. H. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent. versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 17% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of February, May, August and November. Effluent sampling for Kris testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly'in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. $IWIRO. `� NATi1KAL RE3%,UKCE3 DIVISION OF ENVIRONMENTAL MANAGEMENT `SUN 6 1995 June 21, 1995�g1r1 �,,r t}ytlti1Ei��Sit1ElFAnI P!lI�AGE!! 4ie�E�h�91�L� R�4Ja'.SIISsL �YIlr� ! a TO: Dave Goodrich THROUGH: Matt Matthews N` FROM: Kristie Robeson W SUBJECT: Permit Modification Town of Shelby -Broad River WWTP NPDES Permit No. NCO024538 Cleveland County By cover letter dated January 31, 1994, the facility was issued NPDES Permit No. NCO024538 with an effective date of March 1, 1994 and expiration date of December 31, 1998. Upon review of the toxicity language contained in the permit, it was noted that the permit does not reflect the new permitting strategy, effective October 1991, which eliminates all references to two consecutive toxicity tests. Under Part III, Condition G, the following language is present - "The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using procedures outlined in...:" This office recommends modification of the permit to incorporate language in Part III, Condition G to read, "The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in:" The address for the Environmental Sciences Branch as stated in Part III, Condition G should reflect the new location of the Water Quality Laboratory and read as follows: ATTN: ENVIRONMENTAL SCIENCES BRANCH DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPT OF EHNR 4401 REEDY CREEK ROAD RALEIGH, NC 27607 Additionally, Part III, Condition G indicates that the first test will be performed after thirty days from the issuance date of this permit. This language should be taken out of all pertinent templates and replaced with effective date of the permit. I appreciate your assistance to review the recommended changes and undertake any necessary steps to modify the existing permit. Should you have any questions, please feel free to contact me at 2136. cc: Moofesville Regional Office Larry Ausley Central Files ml State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 9, 1995 Mr. Thomas J. Shytle P.O. Box 207 Shelby, NC 28150 .A ' LT.N?FA T4 1:3EHNF1 Ma DEPT. W NATURAL R%MOTT' ' .--'; S DIVISION OF ENVIROHME11I"!. roll MOORESVILLE REGIOiift WWE Subject: NPDES Permit # NCO024538 Shelby WWTP 4Clevela nd:Cqunt °l Dear Mr. Shytle: The pretreatment rules in 15A NCAC 2H .0900 have been revised effective November 1, 1994. Therefore, the pretreatment requirements for the City of Shelby have changed and your NPDES permit is hereby modified to reflect these changes. Please insert the enclosed Part III.A-B into the appropriate place in your current NPDES permit and disregard the old Part III.A-B. Please note that any original Part III conditions after Part III.B are still in effect and must remain in the permit. The main change is found in Part III.B.10 with a change from Semi -Annual Reports (SAR) to Pretreatment Annual Reports (PAR). Your PAR is due by March 1 of each year and shall cover activities for the two previous six-month periods. Please include the following periods in your first annual report: First six month period: 1/1/94 - 6/30/94 Second six month period: 7/1/94-12/31/94 You are reminded that you must still judge compliance for each industrial user for each six- month period, and take appropriate enforcement action. The requirements for submission of a PAR are found in Chapter 9 of the Comprehensive Guidance for North Carolina Pretreatment Programs. 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 US Environmental Protection Agency dated December 6, 1983. P. O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone,919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper Shelby WWTP NPDES Permit # NCO024538 Page 2 If any part of this permit modification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. _ This permit modification does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by any other federal, state, or local agency. If you have any questions concerning this permit, please contact the Mooresville Regional Office at (704) 663-1724 or Joe Pearce with the Central Office Pretreatment Staff at (919) 733-5083. incerely, A. Preston Ho ar , Jr. =— im_Eatrick, EPA _ _Mooresville_Regional-Office_ Permits & Engineering Pretreatment Files Central Files .Don Rhom ., . Part IILA-B. Modified Y9/95 PART III OTHER REQUIREMENTS A. Requirements for Control of Pollutants Attribute to Industrial Users. 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. Part III.A-B. Modified 1/9/95 4. The permittee shall require any industrial discharges into the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the permittee shall either develop and submit to the Division a Pretreatment Program for approval per 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. B. Pretreatment Program Requirements 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) of 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; 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. 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; Part III.A-B. Modified 1/9/95 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 (A to C) The permittee shall ensure that an Authorization to Construct (A to C) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an Authorization to Construct (A to C), 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: 7a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and 7b. 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. SILT 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; Part III.A-B. Modified 1/9/95 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 to the Division at the following address: NC DEM Pretreatment Group PO BOX 29535 RALEIGH, NC 27626-0535 Two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months. 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 Pro ,gram Summ= (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 two months of the applicable twelve month period; Part III.A-B. Modified 1/9/95 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 211.0114 and 15A NCAC 2H .0907. NOTE: ALL OTHER PART III CONDITIONS IN THE ORIGINAL NPDES PERMIT ARE STILL IN EFFECT. TIJN—��-1'�y4, � 1 • � 1 , ,�, , - — ._ BOUNTY" OF CLEVELANt�r STATE OF NORTH CAROLINA, ex rol. Jonathan B. Howes, Secretary,. Department of 'EnviLonMGnt, Health and Natural Resources, ex rel ENVIRONMENTAL MANAGEMENT - COMMISSrON)- V. CITY OF SHELBI�, Plaintiff., Defendant. bUYERIUR t'OUR'r. DIVISION 8 9 C'-,\ SECOND_ AMENDED CONSENT JUDcENT C� 1 (JOC 4 89-0 1 ) � c RECEIVED JUN?0t f'ACILITIES THIS CAUSE came on to. be heard this day before the undersigned Judge of Superior Court upon joint appearance by the parties, who have announced to the court that they have agreed to modify, the Provisions of the Consent Judgment entered herein. This Second Amended Consent Judgment replaces and suPercedes.the original Consent Judgment, filed on July 20, 1989, and the first amendment to the original Consent Judgment, filed on March 13, 1991. This Second .Amended Consent Judgment is set forth in its entirety as follows: STIPULATED FACTS I• The plaintiff is the sovereign State of North Carolina. The Department of Environment, Health and Natural Resources (DEHNR) is an agency of the State established pursuant to NCGS. 143B-275, et se and Jonathan B. Howes, is its Secretary. The. Environmental Management' Corlission (EMC) is an agency of the State established pursuant to NCGS 1438--282, et seq. post -it- brand fax transmittal memo.7,671 I #of Pages ► TUN-22 :1994 11: 17 FROM DEM WATER QUALITY SECTION TO MRO P.02/11 2. The defendant, City of Shelby, in the County of Cleveland, worth Carolina, is an incorporated municipality established and Qreated under North Carolina .law. The current mayor of Shelby is George W. Clay, Jr. 3. The City of Shelby holds North Carolina NOPES Permit No. NCO024538 ,for opex'ation of an existing wastewater treatment works, the Shelby wastewater Treatment Plant, and for making an outlet therefrom for treated wastewater to First Broad River, Class C waters of the State, in the Broad Rivet Basin, but is unable• to comply with the final effluent limitations. for biochemical oxygen demand (BOD-5) -and total suspended solids (TSS ) as set forth in the Permit, Compl.iance requires construction and operation of additional treatment works. The City's noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of the State, and the City is within the jurisdiction of the Commission as set forth in NCGS Chapter 143, Article 21. a. -The City of Shelby, due to its noncompliance, must provide financing for, plan and construct treatment works which will treat the wastewater presently being discharged and any additional wastewater desired, to be discharged, to the extent that the City will be able -to .comply with final permit effluent limitations. 5. 'In response to the National Municipal Policy, 49 V. R. 3832, Januazy. 30, 1984, adopted by the united States JUIN-22-1994 11:17 FROM DEM WRTER QUALITY SECTION TO MRO P.03/11 -3-- Envizonmental Protection Agency for assuring compliance with the federal Clean Water .Act, 33 I.S.C. §1342,' by publicly -owned treatment works, and in recognition of that Act's July 1, 1988, deadline for compliance [§1311 of the Act initially required compliance by July 1, 1977, but extensions of time were granted unit July 1, 1988 it construction was required for compliance, pursuant to 1311(i)], the i)epartment and Commissjozi have identified the Shelby Wastewater Treatment plant of the City of Shelby as a facility which was not in compliance due to extraordinary circumstances. The City obtained a $11.8 million Loan from the Department of Environment, Health and Natural Resources on. September 30, 1993 and is constructing a wastewater treatment plant to bring the City into compliance with final effluent limitations of its NPDES permit. StIPULATED TERMS 6. The defendant, City of Shelby, waives service of process, accepts service of the Complaint, and admits all avorments contained in the Complaint. 7. The defendant, City of Shelby, shall pay all, court costs in this cause. 8. The parties agree that this Second mended Consent Judgment supersedes the requirements of any previously enteted Consent Judgments and constitutes full settlement of all matters referred to in the Complaint, with the following caveats: the plaintiff reserves all rights to otherwise assess appropriate civil pena,.lties pursuant to NCGS 143-215.6A in connection with the operation of the Shelby Wastewater Treatment Plant by. the defendant City of Shelby, including but not limited to any failures to comply with interim effluent limitations and monitoring requirements. The' parties further agree this Second Amended Consent Judgment is supplementary to the obligations of the defendant under state and federal water quality statutes. The parties further agree that the City of Shelby shall pay $7000.00 to the Department of FnV r'o=entr Health and Natural Resources - for its failure to achieve compliance with the final effluent limitations by April 1, 1.994 as required by paragraph 11 of the original Consent Judgment and the first Consent Judgment, ,z�mndment. The City of shelby shall pay $3500.00 on June It 1994 and the remaining $3500.00 on July 15, .1994, payment shall be made by check, payable to the Department of Environment, Health and Natural resources. 9. The defendant., . City of Shelby, agrees to perform all of the following: (a) Meet and comply with all terms and conditions 'of the permit except those effluent limitations identified in paragraph 3 above. (See Attachments A-3, B-3, and C-1 which are incorporated by reference herein, for all monitoring .requirements and effluent limitations.) (b) 'Upon entry of the Second Amended Consent Judgment, undertake the fo?lowing activities in accordance with the indicated time schedule: .1) Submit progress reports to - the Mooresville Regional Office of the Division of Environmental Management semiannually on July 1 and 'January 1, TUN-22-9.994 11:18 FROM DEM WATER QUALITY SECTION TO MRO P.05/11 beginning July 1,, 1994. The reports shall describe the activities completed during the relevant six month period and any delays experienced, the reasons for the delay; and the actions taken to minimize the delay ............... .............semiannually, beginning July 1, 1994. 2) Complete construction (all treatment components in place and functional) of proposed/additional wastewater treatment facilities on or before .... ................................November 30, 1995, 3 ) Achieve compliance . with final effluent limitations on or before ..................... Apri7. 30 1996, (c) During the time in which this Second Amended Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in Attachments A-3, B-3, and C-1. Additional monitoring may be required by the Director on a case -by -case basis. These new requirements may be contained in either a new NPDES Permit or a letter from the Director. (d) No later than 14 calendar days after the date or time identified for accomplishment of the'activities listed in 9(b)(2) and 9(b)(3) above, submit to the .•DEHNR, attention Director of Division of Environmental Management, written notice of compliance or noncompliance therewith. In the Case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial actiQn(s) taken,' and. a statement identifying the extent to which subsequent dates or. times for accomplishment of listed activities may be affected.. (e) Enforce the water conservation provisions of. the State Building Code as it applies to new residential construction (Volume IT - Chapter IX 901.2) (f) Develop and adopt sewer use ordinance limits for non -conventional pbliutants. Xmplerrment the pretreatment program as. approved by the Director, including the enforcement of both categorical pretreatment standards 'and local limits. (g) Continue its program of i.nfiltz-ation/inflow identification and correction and submit zeports to the DEHNR Mooresville Regional Office by the last day of each month. (.h) Den,y,acceptance of any septage, sludge, or residue from any domestic or industrial septic tank, pretreatment N TUN-22-1994 11:1E FROM DEM WATER QUALITY SECTION TO M facility, or wastewater treatment facility into the Shelby Wastewater Treatment Plant or into any portion of the sewerage system that is a tributary thereto. (i) Should it become necessary to by-pass treatment components, the City of Shelby must obtain approval from the Director. Scheduled by-passes will only begin after prior approval has been received .from the Director. Unforeseen by-passes must be reported to the Director as quickly as possible but in no, case latex than 24 hours after the event begins and must be followed up within five (5) working days with a written request for approval. By-passes conducted in accordance with the Director's approval will not constitute a violation of this consent judgment. 10. Additional sources of waste flow are prohibited by NCGS 143-215.67(a), Upon written request by defendant City, however, the plaintiff commission, or its delegate, may allow the City of Shelby to accept additional waste flow tQ its Shelby wastewater treatment Plant, pursuant to Lne prvvs�yvl� v1 -- 143y-215.57(b), where appropriate. Any additional flow allocation must be in the form of a written letter from the Director of the . Division of Environmental management, :which must be. received prior to construction. 11. Unless excused under Paragraph 12, the defendant City of shelby, shall pay the plaintiff Department and commission the following stipulated ,penalties in the event of failure'to meet the deadlines set out in Paragraph 9(b): DEADLINE Failure to submit semi- annual progress reports PENALTY AMOUNT $100/day Tor the first 7 days and $500/day sor each day thereafter MAR-01-1995 13:47 FROM DEM WATER QUALITY SECTION TO f MRO P.03/03 2) Violation of any interim effluent limitation contained in this Second Amended Consent Judgment 3) Construction completion 4) Compliance with final effluent limitations $2000/violation $500/day for the first 7 days and $1000/day for each day thereafter $25,000.00 (Single Penalty) Payments shall be made by check, payable to the "Department of Environment, •Health and Natural Resources" and shall be• made within fourteen (14) days following demand by the plaintiff. 12. Stipulated penalties are not due if the defendant, City of Shelby satisfies the plaintiff Department, or this Court, that non-compliance was caused by events or circumstances beyond the defendant's control. Such events or circumstances do not include failure to obtain state or federal grant funding, failure to schedule or •pass necessary bond referenda, or other failures to obtain necessary financing, but may include delays caused by contractors provided that such delays could not reasonably be anticipated by the Defendant and that Defendant has made its best efforts to avoid and minimize such delays. Any dispute which arises concerning whether stipulated penalties are due will in the first instance be subject to informal negotiations between the parties, initiated by written request. if the parties cannot resolve the dispute within 30 days from the date of the request, the•dispute may be referred by a party to the Court for judicial resolution. if exigencies require, a party may refer the matter TOTAL P.03 -MAR-01-1995 13:46 FROM DEM WATER QUALITY SECTION TO MRO P.02iO3 S to the Court prior to the expiration of the 30-day period; and the 30-day period may be extended or shortened by mutual agreement 'of the parties or by Court order. The filing of a petition seeking dispute resolution as to the payment of stipulated penalties will not extend or postpone the defendant-City's obligations, and upon dispute resolution the defendant -City shall have the burden of proof. 13. The terms of this Second Amended Consent Judgment may be enforced by and through the contempt powers of the Court. 14. Unless sooner terminated by consent of the parties, this Second Amended Consent Judgment shaZ-1 trm� Hate c t -_Z r� except that determinations of final compliance made by the Stater payment of any due penalties by the Defendant, and request for dispute resolution may be made within 90 days thereafter. Following the termination of this Second Amended Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6A, 143-215.6s, and 143-215.6C. IT IS THEREFORE, upon the consent of the parties and without the taking of any testimony, ORDERED .ADJUDGED and DECREED; 1. The above stipulated facts and terms, as agreed to by the parties, are hereby made specific findings and orders of this Court. 2. The parties, with Court approval, may jointly modify the provisions of this Second Amended Consent Judgment. MHH-01-1995 13:46 FROM . f DEM WATER QUALITY SECTION TO MRO P.01r'03 -9- 3. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the Second .Amended Consent ,judgment; for purposes of determining any matters in dispute; and for purposes of determining any motions for further relief based on changes of circumstances. tia'�Stars CIO I J UN—c,'—].�-_ 4 11 - 1'j t-NUM Ltl`I WH I tfs' 1_!UHL 1 1 Y 'bL 111_IN I U s C1ze /-��y of f1hu N. 1:J,f/11 BY CONSENT: FOR THE CITY OF SHELSY FOR THE DEPARTMENT OF ENVIRONMENTAL HEALTH AND NATURAL R, SOURCES AND ENVIRONMENTAL HANA.GEMENT COMMISSION Director, D%vislon d Environmental Manage MICHAEL EASLEY ATTORNEY GENERAL Af55�T TAT A TO EY GENE VIL 4 i judge of Super?oz CcuA ep:shelbyca.xx ATTACHMENT A-3 Permit No. NCO024538 EFFLUENT LIMITATIONS AND MONITORING RETOIREMENTS - Interim During the period beginning. on the effective date of_this Judicial.order and lasting until April 30, 1996, the permittee is authorized to discharge from outfall serial. number 001. Such discharge shall be limited and monitored by the permittee as specified be l yaw : ffiuent Characteristics Discharge Uimitations Monitoring_ Re uira ents Measurement Sample *Sample jl Monthly. Avg. Weekly Avg. Daily Max. .Frequency Type Location low 6.0 MGD Continuous Recording I or E DD, 5-Day, 20 C ** 45.0 mg/l 68.-0 mg/1 Daily Composite Ell otal Suspended Residue ** 40.0 mg/1 60.0 mg/1 Daily Composite -E,I H as N Daily Composite E" iasolved oxygen Daily Grab E,U,D. ecal Coliform (geometric mean) 200.0/100 ml 400.0/100 pil Daily Grab E,U,D otal Residual Chlorine - Daily Grab E emperature Daily Grab E,U,.D otal Nitrogen (140 + NO +` TKN) Quarterly Composite E otal Phosphorus 2, 3 Quarterly Composite E - hronic Toxicity *** Quarterly Composite E zi 3 ° ' * Sample Location: I -influent, E-effluent, U-upstream 100 feel: above discharge point- D-Downstream (1) just above Stony Shoals Dam„ and (2)'0.5 mile above the mouth of the first Broad River at NCSR" 1.218 . Upstream and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July August and September and once per week during the remaining months of the year, n ** r Tl 'D, The monthly average effluent BOD and Total Suspended Residue concentration shall not exceed 15% of the respective influent value (85o removal). Chronic Toxicity (Ceriodaphnia) P/F at 12%; February, May, August and November; See attachment B-3. There shall be no discharge of floating solids or visible foam in other than trace amounts. ATTACHMENT A-3 Permit No. NCO024538 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim Luring the period beginning on the effective date of this Special Order and lasting until .April 30, -1996, the permittee is,authorized to discharge from outfall serial number 001.. Such. discharge stall be limited and monitored by the permittee as_ specified below: fluent Characteristics Discharge Limitations 140nit0 inq Rc,gu"trements Units as specified _Measurement Sample Sam le Monthly -Avg Weekly Avq. Daily Max Frequency Type Location Itucant Analysis. * * nductivity Ami um a .romium ckel 7 -anide " 'pper -ad 7 _ nc _ _Iver. I i I *** See Attachment C---1 i f i r Anniially . E Grab U,D 17.4 ug/l Weekly Composite E 426.0 ug/1 Weekly composite E 754.4 ug/l Weekly Composite E 43.0 ug/'1 Weekly Grab E Monthly Composite E Monthly Composite E Ph+onthly Composite E Monthly Composite E JUH-2 1994 11:20 FROM UEM WATER QUALITY SECTION TO MRO P.10/11 'All 1XIACHME111111 B _ -. Chronic Toxicl�_y Lirait (Ceriodaphnia, Qum :erly Pass/Fail) -The effluent 'discharge. shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent. versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant moxtal.i,ty is 12% (defined as treatment. two in the North Carolina procedure document), The permit holder shall perform gjua,rterly monitoring using this procedure to .establish compliance with the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES. permitted final effluent discharge- below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge monitoring Form (MR-1) for the month in which it was performed, using the pararaeter code TGP3B , Additionally, DEM Form AT -I (original) is to be sent to the following address: Attention: Environmental ScienCes Branch North Caroline Division of Environmental Management Past Office Box 29535 Raleigh, North Carolina 27626-0535 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the. toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed.for diginfecti.on of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits,, then monthly monitoring will begin immediately until: such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly.in the months specified above. Should any test dAta from this moni_toring•requi.:ement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be reopened and modified to include alternate monitoring requirements or limits.' MRO a J VN-1•22-1994 11: 20 PROi`1 DEf l WATER QUALITY SECTION TO ,. ATTACHMENT E-3 _ P.11/11 NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum contx01 organism survival, and appropriate environmental controls, shall constitute, an invalid test and will, require immediate retesting (within•3Q days of initial monitoring event) . Failure to submit suitable test results will constitute noncompliance with monitoring requirements. TnTAI P . 1 1 Vref 'd 3 - 17 DEHHR L I BRAFY tic , Carolina artment ..-"f Envi,- th Deputy sqcref�{,,, 11 7.1-413-508� 19 JUNG trQNcloua 0 BOX 5 N,C, 2762��635 pia POI -IM E77 -, Ij 16 1141 f i. ciptoyer 13:17 DEHNR LIBRARY �, C? -EtTJE AND COUNTY �`� t,%I` G 9, �- i,1 '2- 4 STATE OF NORTH CAR�II�VA; ex're1 } , C" WILLIAM W. COBEY, JR, Secretary ) Department of Envir(B tMent, Health ) and Natural Resources, ex rel) ENVrR0NMFNTAL MANAGEMENT ) COMMISSION, ) Plaintiff ) vs. ) CITY OF SHELBY, ? Defendant ) 010 P02 RECEIVED APR 0 7 1994 S`k!MRIO . COURT D: FT1LE NO. S9 CYS ��,ON•;...FOR.. 11fiCJ l<'} ;EN. ED. C(ONSEN' WATER QUALITY SECTION AIR 1 3 1994 I t 1 HE SECRETARY 'APR S 1994 EldWRONMENT, HEALTH —ONDNATURAL REWUReES EFETiREi3 TO 'JUD INY, cm . �! crime �r cF` u� l"ili� 4 r. APR 1994 . . . . . . . . . _ ) e: , VN VI R)E'+i 76 , f 4 7 f_i Efi! L.i� • �'�E� l� i>1�sy NOW COMES the Defendant, THE CITE.' OF SHEI,B'Y, NORTH CA' OVINit;' �'CES respectfully shows to the Court: - 1. Pursuant to the "Consent Judgment Amendment (JOC #89-01 Ad)" of record herein, the City of Shelby, among other matters, a. was authorized by agreed Modification No. 5 to discharge from. Outfall Serial No. 001; b . was required by Amendment No, 6 to meet and comply with the terms and conditions of its NPD.ES Permit except for certain identified effluent limitations; and c, agreed in Modification No. 7 to undertake certain stated activities ir1 accordance with a specified time schedule, No. (b) 5) of which .vas requirement to "achieve compliance with final effluent limitations Un or before ... April 1, t994". ?. Since the entry of such Consent Judgment Amendment, the City of 4.1 Shelby has undertaken and completed all of the activities required of it by the terms of Amendment No. 7, with the exception of required activity designated as (b) 5) which requires the City of Shelby's achievement of compliance with final effluer+ . limitations on or before April 1, 1994. 3. A substantial change of circumstances has occurred as to the City of Shelby's Waste Treatment Works between the date of the said Consent Judgment Amendment of March 13, 1991, and the current date. Such change is the fact that City of Shelby has fully complied with all of the required modifications of its v treatment process, and has obtained and implemented all of the required modifications and additions specified in the Consent Order Amendment and Schedule of Compliance, but has been unable, in spite of such additions modifications, to achieve compliance with final permit effluent limitations a': time. It is informed and believes that it will be unable to achieve such comphan, or before April 1, 1994, as required by the terms of the said Consent 0., Amendment. 4. In an attempt to achieve compliance with its permit limitations and the said Judicial Order of Consent Amendment within the specified time parameters, thr City of Shelby has obtained funding for and has begun the physical construction additional waste treatment +acilities at its permitted waste treatment plant at projected cost of approxiraa:ely $12,000,000. Construction is proceeding in accordanc.- F;EI�iN�:l,`_' . r TEDDY, Attorneys 215 East WaxTen Street Shelby, North CL�olina _8150 c 13:1^ DEHhd. LIBRHR4' E1C1 PO3 Project Schedule for Construction attached hereto as Exhibit A, and JV1[I4 T'IAH� ahead of such schedule. 5. While the terms of the Compliance Schedule of the Amended ludicia.l Order of Consent call for the Defendant to comply with its effluent permit limitations by April 1, 1994, the enclosed Project Schedule for the additional waste treatment facility under construction calls for completion of construction in November, 1995. The Defendant is informed and believes, and therefore alleges, that after completion of the construction of the said additional waste treatment facilities, some additional period will be required for the initial start up and testing of the new facilities. This process would require approximately six months after completion of the construction of the physical facility. 6. The City of Shelby has made a good faith and timely effort to comply with all of the terms and conditions of the Amended Judicial Order of Consent and has done so in all respects, (in a number of instances ahead of schedule) with the exception of achieving the ability to comply with final effluent limitations on or before April 1, 1994. In an effort to achieve compliance with this final requirement as agreed, the Defendant has committed to an expenditure of $1.2,000,000 for additional waste treatment facilities and is currently well into the construction of such facilities according to the schedule attached. 7. The Defendant is informed and believes. and therefore, alleges that it will be able to comply with the final effluent limitations upon the completion, start up and testing of its additional waste treatment facilities; and it has fully complied with every other requirement of the Amended Judicial Order of Consent in good faith. WHEREFORE, the Defendant respectfully moves the Court for an Order: (1) Finding that it has complied with all of the terms and conditions of the Consent Order Amendment of March 13, 1991, as agreed, with the exception of achieving the ability to meet current effluent limitations by April 1, 1994; j Finding that the Defendant has made a good faith effort to achieve c with the said effluent limitations by April. i, 1994, by designing, funding u. inning substantial construction of additional waste treatment facilities at a ctv- of approximately $12,000,000 in order to achieve the ability to comply with said effluent permit Iimitations; and, modifying the said Consent Judgment Amendment of March 13, 1991, by extending the period within which the City of Shelby is allowed to achieve compliance with effluent permit limitations from April 1, 1994, to April 30. 1996, in accordance with the Project Schedule as shown in the attached Exhibit A to this Motion; (3) And for such other and further relief as the Court may deem proper and appropriate in the premises. This the -day of ?viarch, 1994. r 1VlechtYel S. R y� Attorney for efendant 215 Fast Warren Street Shelby, North Carolina 28150 Telephone: (704) 482 - 2460 KENNEDY & TEDDY, Attor,n;yc 215 East Warren 3tmeet Shelby, North ['arolina 18150 3/29/94 - le 13:19 DEHHR LIBRARY 010 PO4 ill Ux\ A Ff t.tilCVLliVA C EV ELAND COUNTY DONALD F. RHOM, being first duly sworn, deposes and says that he is Plant. Manager for the Utilities Operations Center of the City of Shelby, North Carolina, and as such is authorized to make the following affidavit; That he has read the foregoing Motion and the contents thereof are true of his own knowledge, except as to matters stated therein upon information and belief and as to those things, he believes same to be true. Donald F. Rhoin Sworn to and subscribed before me this 29th day of March, 1994. otary Public - `` l My Commission Expires'. KENNEDY & 'TEDDY, Attorneys '15 East Warren Street Shelby, Forth Carolina 28150 3/29/94 - le 4 13:19 DEHNR LIBRRR`t 010 P05 CERTIFICATE OF SERVICE THIS IS TO CERTIFY that I have this day served ( 1 counsel for all opposing parties ill opposing parties �Nlilliam W. Gobey, Secretary 'rpartme:it- of Environment, Health and Natural tResouxc es 4K rel Environmental Management Commission (At_ten� _;n George T. Everette, Director, Division of Erbvz.xc-r. and The. Attorney Gerieral of Norzh Carolina in the forezoing inatter with a copy of this Motion— mar 11odifzc�it:�on Amended Consent .111C1vrLLen,- BY IN ( ) delivering a copy to them personally ( ) placing a copy in the Attorney's box located in the Office of the Clerk of Superior Court {yAo depositing a copy in tbe. United States Mail in a properly addressed envelope with adequate postage 1994 This the 29thday of March , Ate; KEN-.NT Y & TEDDY Attorney for the 7nal,50 215 East Warren st Shelby, North Carol Telephone: (704) 4822 - 2-160 ity cz7 Shelby KENrIEDY & TEDDY, Attorneys 215 East Warren Street Shelby, Non, Carolina 28150 I BOD5 f TSS May-93 41 i 32 Jun-93 Jul-93 37 1 32 I 41 I 31 Aug-03 27 25 Sep-93 Oct-93 32 37 j 23 29 Nov-93 35 30 Dec-93 45 33 Jan-94 52 32 Feb-94 85 28 1a ar-.4 55 19 H r-94 41 - 23 JOC Limits 45/58 40160 Sheet1 Page 1 State of North Carolina Department of Environment, i Health and Natural Resources i Mooresville Regional O11ice James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Vivian H. Burke, Regional Manager LT.WYWA E 5EHNR DIVISION OF'ENVIRONMENTAL MANAGEMENT February 2, 1994 Mr. Donald F. Rhom City of Shelby Post Office Box 207 Shelby, North Carolina 28150 Subject: NPDES Permit No. NCO024538 Broad River WWTP Cleveland County, NC Dear Mr. Rhom: Our records indicate that NPDES Permit No. NCO024538 was issued on January 31, 1994 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 4-7. Pages 4-7 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your. discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by.this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Off ice as quickly as possible. I have enclosed a sample, of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit _set forth definitions, general conditions and special conditions applicable to the .operation of I wastewater treatmentfacilities 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 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer '50% recycled/ 10% post -consumer paper facilities. Any changes in operation of wastewater treatment ; facilities, quantity and type of, wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved•by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the'Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation plus 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 Consent Order 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 transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, 44��J/ D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:s1 State of North Carolina v Department of Environment, • • ;5. Health and Natural Resources Division of Environmental Management IL James B. Hunt, Jr., Governor p E H N F1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director �'� N.C. DEPT. OF ENVIRONMENT, HEALTH, & NATURAL RESOURCES January 31, 1994 2 1994 DonaldF. Rhom - DIVISION OF ENVIR018,11,04 Ispi19SE�f�Pdi P O Box 207 MOORESVILLE REGIORU OFFICE. Shelby, NC 28150 Subject: Permit No. NCO024538 Broad River WWTP Cleveland County Dear Mr. Rhom: In accordance with your application for discharge permit received on March 11, 1993, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the`North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Charles Alvarez at telephone number 919/733-5083. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr. cc: Mr. Jim Patrick, EPA oresvrille . mal a ffirce P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper e Permit No. NCO024538 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, City of Shelby is hereby authorized to discharge wastewater from a facility located at Broad River Wastewater Treatment Plant off of NC Highway 18 southwest of Shelby Cleveland County to receiving waters designated as the First Broad River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective March 1, 1994 This permit and the authorization to discharge shall expire at midnight on December 31, 1998 Signed this day January 31, 1994 Original Signed By David A. Goodrich A: Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0024538 SUPPLEMENT TO PERMIT COVER SHEET City of Shelby is hereby authorized to: 1. Continue to operate an existing 6.0 MGD wastewater treatment facility consisting of a bar screen, grit removal, cylindrical fines screen, aeration basin, two primary clarifiers, two trickling filters, four final clarifiers, pump stations, two. chlorinators, two sulfonators, sludge pump station, aerated sludge holding tank, two filter belt presses, ten bay sludge compost building, dual standby power generators and sludge incinerator (presently not in use) located at Broad River Wastewater Treatment Plant, off of NC Highway 18, southwest of Shelby, Cleveland County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into the First Broad River which is classified Class C waters in the Broad River Basin. ,.� � \� — \l� ( � 1 1 - 1 101sti1 �+f P`rel�^ Y 1 J. ._ p •. \\\` 6�'/C�� I \\ 1 / /' -_1 ozZ, )) // J ooB eq N 6j'` :) -- ,`-1. � `` .' •oaf. 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EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning on the effective date of the permit and lasting until expansion of the upstream water plants, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C** Total Suspended Residue** NH3 as N Dissolved Oxygen Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Chronic Toxicity*** Discharge Limitations Monthly Ava. 6.0 MGD 30.0 mg/I 30.0 mg/I 200.0 /100 ml Weekly Avg; 45.0 mg/I 45.0 mg/I 400.0 /100 ml Monitorina Reauirements Measurement Sample Daily Max Frequency ape Continuous Recording Daily Composite Daily 3/Week Daily Daily Daily Daily Quarterly Quarterly Quarterly Composite Composite Grab Grab Grab Grab Composite Composite Composite *Sample Location IorE E, I E, I E E, U, D E, U, D E E,U,D E E E * Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above the discharge, D - Downstream (1) just above Stony Shoals Dam, and (2) just above the confluence of Beaverdam Creek Upstream and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85 %) removal. *** Chronic Toxicity (Ceriodaphnia) P/F at 12%; February, May, August and November; See Part III, Condition G. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be. monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning on the effective date of the permit and lasting until expansion of the upstream water plants, the Penmittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Discharge Limitations Monitoring Requirements Units (specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Daily Max Frequency !pe Location Conductivity * Grab U, D Cadmium- 17.0 ug/I Weekly Composite E Chromium V 426.0 ug/I Weekly Composite E Nickel _ 750.0 ug/I Weekly Composite E Cyanide 43.0 ug/I Weekly Grab E Copper. Monthly Composite E Lead — Monthly Composite E Zinc V Monthly Composite E Silver Monthly Composite E A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning after expansion of the upstream water plants and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg. Weekly Avg. Daily Max Frequency Type Location Flow 6.0 MGD Continuous Recordina I or E BOD, 5 day, 200C** 25.0 mg/1 37.5 mg/I Daily Composite E, I Total Suspended Residue'* 30.0 mg/1 45.0 mg/l _ T Daily Composite _E, I — NH3 as N 18.5 mg/1 -- Daily ----------------------- Composite ------ — E -- —----- ----- --- Dissolved Oxygen *** ----- ----- ---- Daily__ Grab_ ------ _ __E, U,_D Fe:ca Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml ------ Daily T Grab E, U, D `fotal Residual Chlorine Daily Grab E Temperature -- ----- — Total Nitrogen (KC + NO3 + TKN) Total Phosphorus Chronic Toxicity"" Daily Quarterly Quarterly Quarterly Grab E,U,D Composite E Composite E Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet, D - Downstream at 1) just above Stony Shoals and 2) just above the confluence of Beaverdam Creek Upstream and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85% removal). *** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. *** Chronic Toxicity (Ceriodaphnia) P/F at 17%; February, May, August and November; See Part III, Condition H. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning after expansion of the upstream water plants and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Discharge Limitations Monitoring Requirements Units (specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Daily Max Frequency Type Location Conductivity * Grab U, D Cadmium 11.0 µg/I Weekly Composite E Chromium 288.0 µg/I — Weekly Composite E Nickel i 507.0 µg/I Weekly — Composite E Lead 144.0 µg/I Weekly Composite E Cyanide 29.0 µg/I Weekly Grab E Selenium 29.0 µg/I Weekly Composite E Copper �-_--- - - ,. 2/Month--------Composite E---------_---- Zinc 2/Month Composite E Silvar 2/Month Composite E PART Section B. Schedule of Compliance 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 r.:f -meeting the next schedule requirements. Part II Page 1 of 14 PART H STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Dav 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. 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. Part II Page 2 of 14 6. Concentration Measurement The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" 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. 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. Part II Page 3 of 14 7 . Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval 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 pt??poses of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 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 Dav 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 pern-ittee 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. 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 iiot to exceed $25,000. Part II Page 5 of 14 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. 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. Part II Page 6 of 14 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. Part II Page 7 of 14 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." 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, Chapter 8A .0202. 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, Chapter 8A .0202. 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. Part II Page 8 of 14 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. 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 pern- tee 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 Part II Page 9 of 14 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. 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 Part II Page 10 of 14 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: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; 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 monitorinb 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. Pan II Page 12 of 14 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. 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 ChanJes 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. Part II Page 13 of 14 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 no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (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 H. 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. Part II Page 14 of 14 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 Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or 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 No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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 ug4 (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (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 ug/1); (2) One milligram per liter (1 mg/1) 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 III Permit No. NC0024538 G. Chronic Toxicity Limit (Ceriodaphnia, Quarterly Pass/Fail) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or'subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 12% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be reopened 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 and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. H. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 17% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of February, May, August and November. ,Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. . y PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permine-e 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.