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NC0024538_Regional Office Historical File Pre 2018 (4)
State of North Carolina - ' Departr'nent 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 August 13, 1993. �• ���• orSVVLO 0 Mr. David M. Wilkison, City Manager. City of Shelby Post Office Box 207 aF Etav�Rot�,�.E��� ' QEEIGE Shelby, North Carolina 28150 N�sr}'�` JJtJt SUBJECT: City of Shelby Permit No. NCO024538 Authorization to Construct Wastewater Treatment Facilities Project No. CS370502-03 Cleveland County Dear Mr. Wilkison: Wil The final plans and specifications for the subject project have been reviewed and found to be satisfactorv. Authorization is hereby granted for the construction and operation of additions and modifications to the existing 6.0 MGD trickling filter plant to add conventional aeration and sludge treatment with no increase in plant capacity, to consist of renovation of the existing preliminary treatment unit, including a new cylindrical fine screen and the replacement of the existing grit rake and grit washer; replacement of the trickling filter distribution arms with new "low flow" distribution arms; a new trickling filter effluent pump station with a 1,600p pm pump, a 3,500 gpm VFD pump and a 5,000 gpm VFD pump; a new aeration basin providing approxni nately six hours detention time with jet aeration supplied by four (4) 600 SCFM blowers, and mixing supplied by six (6) 1,500 gpm pumps; a new WAS pump station with metering flume, and two (2) 200 gpin pumps; renovations to the two (2) existing clarifiers to include new sludge scrapers, scum skimmers and baffles; two (2) new 80 ft. diameter clarifiers; modifications to the existing RAS pump station to include three (3) 950 gpm pumps; a new RAS pump station with three (3) 1,150 gpm pumps; a new scum pump station with one. (1) 150 gpm pump; a new process drain pump station with two (2) 500 gpm pumps; expansion of the chlorine contact chamber to provide 30+ minutes of contact time; a new disinfection facility with two (2) 2,000 lb/day chlorinators and 1,000 lb/day rotameters, a new chlorine induction system, two (2) 200 lb/day sulfonators and 100 lb/day rotameters, and a chlorine residual analyzer; a new NPW 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/ I0% post -consumer paper -2- pump station with two (2) 200 gpm pumps; a new thickened sludge pump station with (2) 200 gpm pumps; a new 200,000 gallon aerated sludge holding tank with three (3) 275 scfm blowers and coarse bubble aeration; two (2) 2.2 meter continuous belt filter presses; a compost building drain. pump station with two (2) 350 gpm pumps; renovations to the existing 2,215 sq. ft. operations building to include the addition of 1,422 sq. ft. of office and laboratory space; modifications to the existing incinerator/maintenance building; a new 2,320 sq. ft. blower building; two (2) 350 kc v diesel standby power generators; and associated appurtenances, site work, yard piping and electrical. Do -not proceed with construction until the Authorization -to -Award package, EEO, and MBE documentation/certification have been reviewed, and you are in receipt of our approval, if funding is desired for project construction. The Pennittee shall employ an actively State certified wastewater treatment plant operator to be in responsible charge of the wastewater treatment facilities. Such operator must hold a valid State Certificate of the grade at least equivalent to the classification assigned to .the wastewater treatment facilities by the Certification Commission. When a new chief operator must be obtained to be in responsible charge of the new facilities, it is required that this be done by the time the construction of the facilities is 50% complete. The Authorization -to -Construct is issued in accordance with Part III, Paragraph C of NPDES Permit No..NC0024538, issued December 1, 1991 and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the approved plans, specifications, and supporting documents; and are in compliance with the conditions and limitations specified in Permit No. NC0024538. The Permittee shall have an acceptable sludge analysis and a sludge toxicity analysis which have been approved by the Division of Environmental Management, Water Quality Section prior to the disposal of any sludge from the new wastewater treatment plant. Copies of the analyses, supporting documents, and approvals shall be submitted to the Division of E'nvirolnnental Managements Mooresville Regional Of ice. The disposing, selling or free distribution of wet, dried, composted sludge or sludge - like materials from wastewater facilities without prior review and approval by this Division is illegal. 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. t- Y 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. One (1) set of final approved plans and specifications is to be forwarded to you for your files. The copy of the approved plans and specifications shall be maintained on file by the Owner for the life of the project. 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 approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P. O. Box. 29535, Raleigh, North Carolina 27626-0535. (Engineer's Certification Form is attached.) If you have any questions or need additional information, please contact Mr. Bill Hoffman, at (919) 733-69*00, extension 615. S' re y, reston d, Jr. Attachment BG:mm cc: Piedmont -Olsen -Hensley MM- ,il ll- egio �-a1*��irg Ms. Colleen Sullins Mr. Tom Fahnestock Mr. Don Evans Ms. Valerie Lancaster Mr. Bennie Goetze, Jr. Ms. Cindy Finan DMU/SRF " ]ENCINEE, �'S CERTIFICATION L — 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 project, (Prof ect) (Name or Location) hereby state that, to the best of my (Project Owner) abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date Permit No. Date: SOC PRIORITY PROJECT: Yes X No If Yes, SOC No.89-01 Ad (JOC) To: Permits and Engineering Unit Water Quality Section Attention: Charles Alvarez Date: April 23, 1993 NPDES STAFF REPORT AND RECOMMENDATION County: Cleveland Permit No. NCO024538 PART I - GENERAL INFORMATION 1. Facility and Address: Broad River Wastewater Treatment Plant City of Shelby Post Office Box 207 Shelby, North Carolina 28150 2. Date of Investigation: April 15, 1993 3. Report Prepared By: Allen Hardy, Environmental Engineer I 4. Persons Contacted and Telephone Number: Ron Mode, ORC (704) 484-6850 5. Directions -to Site: Travel Highway 18 South out of Shelby to the second intersection with Old Gaffney Road. Turn right at this intersection and the plant will be at the end of this road. 6. Discharge Point(s). List for all discharge points: Latitude: 350 14' 32" Longitude: 810 34' 31" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge.point on map. U.S.G.S. Quad No.: G 12 NE U.S.G.S. Name: Blacksburg North, NC v 7. Site size and expansion are consistent with application? Yes X No_ If No, explain: 8. Topography (relationship to flood plain included): The topography is gently rolling with slopes from 3-10%. The plant is not in the flood plain. 9. Location of nearest dwelling: The nearest dwelling is greater than 500 feet from the discharge and plant location. 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: The receiving stream contains a good flow at all times. There are no known discharges into the receiving stream between the plant's discharge and the Broad River. The pertinent uses are those typical of a rural, agricultural area. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 6.0 MGD (Ultimate Design Capacity) 9 P Y) b. What is the current permitted capacity of the -wastewater treatment facility? 6.0 MGD C. Actual treatment capacity of the current facility (current design capacity)? 6.0 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: A to C was issued on October 24, 1991 for the construction of a 40,000 gallon gravity sludge thickener. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing_. treatment consists of a mechanical 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). . f. Please provide a description of proposed wastewater treatment facilities: The proposed wastewater treatment facilities. consist of the addition of an'aeration basin, two (2) final clarifiers, an aerated sludge holding tank, a disinfection facility, a 10 bay compost_ building and storage facility, and standby power. g. Possible toxic impacts to surface waters: The City has passed all their toxicity test. NPDES Permit Staff Report Version " 10192 Page 2 t h. Pretreatment Program (POTWs only): in development: approved: X should be required: not needed: 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM Permit No.: N/A Residuals Contractor: Telephone No.: b. Residuals stabilization: PSRP: PFRP: Other: c. Landfill: Sludge is presently being disposed at a private landfill operated by Cleveland Container Company (Permit No. 23-02 issued by the Division of Health Services). d. Other disposal/utilization scheme (specify): Composting is planned for the future. 3. Treatment plant classification (attach completed rating sheet): Class IV 4.. SIC Code(s): 4952 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 01 Secondary: Main Treatment Unit Code: 40002 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? Public monies will be used for the proposed treatment facilities. Construction Grants and Loans Section has received the plans and specs for the proposed wastewater treatment plant additions. 2. Special monitoring or limitations (including toxicity) requests: Color was prominent in the effluent due to the textile wastewater contribution. NPDES Permit Staff Report Version 10192 Page 3 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) Date Submission.of Plans and Specifications N/A Begin Construction N/A Complete Construction December,1, 1993 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other Disposal Options: N/A 5. Air quality and/or groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality, or groundwater: No air or groundwater quality concerns are expected from this project, nor is hazardous waste utilized at this facility. 6. Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS The applicant, City of Shelby, is requesting renewal of its permit for the discharge of treated wastewater. An on -site inspection revealed satisfactory operation and maintenance of the waste treatment facilities. The City is currently operating under the constraints of JOC No. 89-01 Ad because of inabilities to comply with the.final effluent limitations for biochemical oxygen demand (BOD5), total suspended solids (TSS), and fecal coliform. A blackish colored effluent was prominent due to the contribution of wastewater from textile industries.. The receiving stream is noticeably impacted due to the color. _ NPDES Permit Staff Report Version -10192 Page 4 Pending the review and approval of the wasteload allocation it is recommended that the permit be renewed. Signature of Repor"reparer Water.Quality RegZonal Supervisor JZ2 Z ,7 Date NPDES Permit Staff Report Version 10192 Page 5 &50 32'30" 451 N- 1 4654 1 448 SHE48 Y 6 mi ',(SHELBY 1:62 gOO) r .. O :e E C. Name of Plant: 05rvoa ' Owner or Contact Person-:_ lez�ncm Mailing Address: P. pox Z�'► che�I?� 2FI County: Telephone: �7oa-) 424- C�s46 NPDES Permit No. NC00 ?- 4538` Nondisc. Per. No. _ IssueDate: P ,c , I ' Im I Expiration Date: 01 Existing Facility New Facility Rated By: AllP n 1 , rd �+ Date:_ ¢I2I/ 9; Reviewed (Train. & Cert.) Reg. Office Reviewed (Train. & Cert.) Central Office ORC A or ri ocle, Grade Plant Class: (circle one) I II III IV Total Points ITEM POINTS (1) Industrial Pretreatment Units and/or Industrial Pretreatment Program (see definition No. 33) (2) DESIGN FLOW OF PLANT IN GPD (not applicable to non -contaminated cooling waters, sludge handling facilities for water purification plants, totally closed cycle systems (del. No. 11). and facilities consisting only of Item (4) (d) or Items (4) (d) and (11) (d)) 0 - 20.000.......................... 1 20.001 - 50,000....................... 2 50,001 - 100,000.......................... 3 100,001 -• 250,000.......................... 4 250.001 -- 500.000.......................... 5 500,001--1,000,000.......................... 8 1,000,001 -- 2,000.000 ........................ 10 +Zo 2,000,001 (and up) - rate 1 point additional for each 200,000 gpd capacity up to a maximum of 30 Design Flow (gpd) („ , �X-,eo 0�-,o (3) PRELIMINARY UNITS (see definition no. 3 ) (a) Bar Screens ................................ 1 or (b) Mechanical Screens, Static Screens or Comminuting Devices ........... ............ (c) Grit Removal ..._ ..... .. `� or (d) Mechanical or Aerated Grit Removal ...... , . , • . 2 (e) Flow Measuring Device ....................... 1 or (f) Instrumented Flow Measurement .. ... ....: . , (g) Preaeration n .......... (h) Influent Flow -Equalization ................... 2 (i) Grease or Oil Separators - _Gravity .......... 2 Mechanical.......... 3 Dissolved. Air Flotation. 8 6) Pre.chlorinalion .............................. 5 (4) PRIMARY TREATMENT UNITS (a) Septic Tank (see definition no. 43) .............. 2 (b) Imhoff Tank.--., 5 (c) Primary Clarifiers ............................ (d) Settling Ponds or Settling Tanks for Inorganic Non -toxic Materials (sludge handling facilities for water purification plants, sand, gravel, stone, and other mining operations except recreational activities such as gem or goad mining) ...................................... 2 (5) SECONDARY TREATI TENT UNITS (a) Carbonaceous Stage (i)Aeration - High Purity Oxygen System ..... 20 Diffused Air System ........... 10 Mechanical Air System (fixed, floating or rotor) .............. 8 Separate Sludge Reaeration ..... 3 r (ii) Trickling Filter High Rate ................... Standard Rate ............... 5 Packed Tower ............... 5 (iii) Biological Aerated Filter or Aerated Biological Filter ....................... 10 (iv) Aerated Lagoons ..................... . 10 (v) Rotating Biological Contaclors .......... 10 (vi) Sand Filters - intermittent biological ..... 2 recirculating biological ..... 3 (vii) Stabilization Lagoons ................... 5 (viii)clarifier ............................... (Ix) Single stage system for combined carbonaceous removal of BOD and -. nitrogenous removal by nitrification (see del. No. 12) (Points for this item have to be in addition to items (5) (a) (i) through (5) (a) (viii) ................. 8 (x) Nutrient additions to enhance BOD remova:............................... 5 (xi) Biological Culture ('Super Bugs') addition to enhance organic compound removal ..... 5 (b) Nitrogenous Stage (i) Aeration - High Purity Oxygen System ..... 20 Diffused Air System ........... 10 Mechanical Air System (fixed, floating, or rotor) ...... ...... 8 Separate Sludge Reaeralion ..... 3 -(ii) Trickling Filter - High Rate .............. 7 Standard Rate ............ 5 Packed Tower............ 5 (iii) Biological Aerated Filter or Aerated Biological Filter ......................... 10 (iv) Rotating Biological Contactors ........ 10 (v) Sand Filter - intermittent biological ... • • • • • 2 recirculating biological ........ 3 (vi) Clarifier ............... 0 ................ 5 6) TERTIARY OR ADVANCED TREATMENT UNIT (10) -CHEMICAL ADDITION SYSTEM (S) (See definition No. 9) y {a) Activated Carbons Beds - (nql applicable to chemical additions rated as iler:. without carbon regeneration .................. 5'. (3) (j) (5) (a) (xi). (6) (a). (6) (b), (7) (b) '(7) (e), with carbon regeneration .........:.......... 1 5 (g) (t) (9) (b), or (9) (c) 5 points each: List: (b) powdered or Granular Activated Carbon Feed - • • • • • 5 without carbon regeneration ............. - ... 5 • • , • • 5 with carbon regeneration .................... 15 • • • • • 5 (c) Air Stripping .............................. 5 ..... 5 (d) Denitrilication Process (separate process) ..... 10 (a) Electrodialysis ........ ..................... 5 (11) 'MISCELLANEOUS UNITS (f) Foam Separation ............................. 5 (a) Holding Ponds, Holding Tanks or Settling Ponds (g) ton Exchange ................................ 5 for Organic or Toxic Materials including wastes (h) Land Application of Treated Effluent from mining operations containing nitrogen and/or (see definition no. 22b) (not applicable for phosphorous compounds in amounts significantly sand, gravel, stone and other similar mining - greater -than is common for domestic wastewater .......... 4 operations) (b) Effluent Flow Equalization (not applicable to storage (i) on agriculturally managed sites (See del. basins which are inherent in land application systems). 2 No.4).................................... ' 10 (c) Stage Discharge (not applicable to storage basins - (fi) by high rate infiltration on non -agriculturally inherent in land application systems ....................................... 5 managed sites (includes rotary distributors (d) Pumps ......... :................ ....... ........................................................... _....(`3� and similar fixed nozzle systems) ........... 4 (e) Stand -By Power Supply................................................................. (iii) by subsurface disposal (includes low pressure (1) Thermal Pollution Control Device* ............................................ 3 pipe systems and gravity systems except at plants consisting of septic tank and nitrifica- tion lines only) ............................. 4 TOTAL POINTS (i) Microscreens ................................... 5 (j) Phosphorus Removal by Biological Processes - CLASS IFICATIOI: (See der. No. 26) ............................ 20 (k) Polishing Ponds - without aeration ....... . 2 Class I ......................................................... 5 - 25 Points with aeration .......... 5 Class II ........................................................ 26- 50 Points (1) Post Aeration - cascade .............. 0 Class III.............-..........-.............................. 51- 65 Points diffused or mechanical ... 5 Class 1V...................................................... 66- Up Points (m) Reverse Osmosis ............................... 5 (n) Sand or Mixed -Media Filters - low rate ........... 2 Facilities having a rating of one through four points, inclusive, high rate .......... 5 do not require a certified operator. Classification of all other (o) Treatment processes for removal of metal or facilities requires a comparable grade operator in responsible cyanide .................................... 15 charge. (p) Treatment processes for removal of toxic materials other than metal or cyanide ......... 15 Facilities having an activated sludge process will be assigned a minimum classification of Class 11. SLUDGE TREATMENT Facilities having treatment processes for the removal of metal (a) Sludge Digestion Tank - Heated ............... 10 or cyanide will be assigned a minimum classification of Class II. Aerobic ............... 5 Unheated ............. 3 Facilities having treatment processes for the biological removal (l,) Sludge Stabilization (chemical or thermal) ....... 5 of .phosphorus will be assigned a minimum classification of Class (c) Sludge Drying Beds - Gravity .............. . .. 2 III. Vacuum Assisted ....... 5 (d) Sludge Elutriation ............................. 5 In -plant processes and related control equipment which are an (e) Sludge Conditioner (chemical or thermal) ........ 5 integral part of industrial production shall not be considered waste 5 from r Sludge Thickener (gravity) . • • • • • • • • • •.-• (I 9 ( ty) ....... .. treatment. Likewise, discharges of wastewater residences (g) Dissolved Air Flotation Unit having a design flow of 1,000 gpd or less, shall not be subject to (not applicable to a unit rates as (3) (i) ... • ..... 8 rating.. (h) Sludge Gas Utilization (including gas storage) .... 2 (i) Sludge Holding Tank - Aerated ................ 5 ADDITIONAL COMMENTS - Non -aerated ............ 2 (j) Sludge Incinerator - (not including activated carbon regeneration) ..... 10 (k) Vacuum Filter; Centrifuge or Filler Press or other similar dewatering devices ..................... 10 SLUDGE DISPOSAL (including incinerated ash) ,S) (a) Lagoons..: ...................................... 2 (b) Land Application (surface and subsurface)• j, ee definition 22a) '10 •'• -where the facility holds the land app. permit ... '-by contracting to a land application operator who holds the land application permit ................ 2 -land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated ......... 10 (c) Landfilled (burial) .............................. 5 (9) DISINFECTION (a) Chlorination ..... . . . . ... . ............. 5 5 (b) Dechlorination ........................ 5 5 (c) Ozone...: ........................... 5 (d) Radiation .......................... d ✓� 1 � �a Q DEIFY. OF NA'h ICTILIL State of North Carolina APB 2 1993 Department of Environment, Health and Natural Resources Division of Environmental Management LESION BY 8191ROKIWUMP11 r,7A.fflqcEm, EV 512 North Salisbury Street s Raleigh, North Carolina 2760400110V°il 11 @1L of f'(CE James B. Hunt, Jr., Governor Mr. Donald F. Rhom City of Shelby PO Box 207 Shelby, NC 28150 Dear Mr. Rhom : Jonathan B. Howes, Secretary March 31, 1993 Subject: NPDES Permit Application NPDES Permit No . NC0024538 Broad River Wastewater Cleveland County This is to acknowledge receipt of the following documents on March 11, 1993: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $300.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other Letter about change in 7Q10 flow., The items checked below are needed before review can begin: Application Form , Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer If the application is. not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Charles Alvarez (919/733-5083) of our Permits Unit for review. ou wiii be advisecL ol any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting thatour Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person. listed above. Sincerely, Coleen H. Sullins, P.E. CC: Mooresville Regional Office X • d0it'i'lI CAROLINA DEPT. OF NA' UiML RESOURCES A,JD COMMUrNITY DEVELOPMENT ENVIRONMENTAL MANAGEMENT COMMISSION. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR AceNcr use APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER STANDARD FORMA — MUNICIPAL C(, 0�� SECTION L APPLICANT 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. Please Print or Type 1. Legal Name of Applicant . (see. Instructions) 2. Mailing Address of Applicant (see Instructions) Number & Street City State Zip Code 3. Applicant's Authorized Agent (see Instructions) Name and Title Number 6 Street City State Zip Code - Telephone 4. Previous Application If a previous application for a per- i01' 102a 102b 1024 102d 103a 103b 103e 103d 103e 103f CITY OF SHELBY P OP O Box207 _— Shelby, NC 28150 Donald F. Rhom Plant Engineer P.O. Box 207 Shelby, NC '28150 704 484-6840 Area Number Code mit under the National Pollutant ' Discharge Elimination System has 93 12 31 - been made, give the date of application. 104 YR MO DAY 1 certify that 1 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. I. 1 IO2e Printed Name of Person Signing Title _y Signature of Applicant or Authorized Agent 1021 Y R MO DAY Date Application Signed North Carolina General Statute 143-215.6(b)(2).provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be'maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21-or regulations of the Environmental Management Commission implementing that Article, shall be guilty or a misdemeanor punishable by a fine s not to exceed $10,000, or by imprisonment not to. exceed six month, or by both. .(18 U.S.C. Section 1001 provides a punishment by a fine or not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) i S. Facility (see Instructions) Give the name, ownership, and physi- cal location of the plant or other operating facility where discharge(s) presently occur($) 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 6 Street City County State S. Discharge to Another Municipal Facility (see Instructions) a. Indicate if part of your discharge Is Into a municipal waste trans. port system under another rw 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 . f. Ibslll V(OUB ❑ PRV ❑ BPP 1011110 ❑ FED Iisil 1940 South Lafayette Street Shelby Cleveland North Carolina 0".1 ❑ Yes ONO Number 3 Street file City Iiid State low Zip Code lift' C. Facility Which Receives Discharge Iasi - Give the name of the facility (waste treatment plant! which re - calves and Is ultimately respon-' slble for treatment of the discharge from your facility. d. Average Daily Flow to Facility 1Qfi11' (mod) Give your average daily flow -into the receiving facility. 7. 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 In. elude Intermittent or noncontlnuous. overflows, bypasses or seasonal dis- charges from lagoons, holding ponds, etc. N/A N/A mod FOR AGENCY USE I-2 i 0 To: Surface Water Surface Impoundment with no Effluent Underground Percolation Well (injection) Other Total Item 7 If 'other' Is specified, describe 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 S. a. Intermittent Discharges a. Facility bypass points Indicate the number of bypass points for the facility that are discharge points.(ses Instructions) b. Facility Overflow Points Indicate the number of overflow points to a surface water for the facility (see instructions). c. Seasonal or Periodic Discharge Points Indicate the number of points where seasonal discharges occur from holding ponds, lagoons, etc g. Collection System Type Indicate the type and length (In 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 an: Combined Sewer Systems Length 10. Municipalities or Areas Served (see Instructions) Total Population Served Number of Total Volume Discharged, Discharge Points Million Gallons Per Day 107at 1. s> fft 5.0' t 070.1 1a7ft>t 10701 (0711>i, y teia>i: toai ::1iTi1>t 1 5.0 toot 1elft` t0110 t0la ❑ SST SAN ❑ CSS ❑ BSC 1filb ❑SSC 116.4 macs FOR AGENCY USE I-3 1 FOR AGENCY USE 11. Average Dally Industrial Flow 1.3 Total estimated average dally waste�,.r till mild flow from all Industrial sources 3 z; Note- All major Industries (as deflned 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 facllity.(see Instructions) For of Permit It Date Date Expirat-on I Issuing Agency I Agency Use ITy� I ID Number Filed I Issued I DnI I Dte I YR YR/DM0t DA YRMO DA YFi Mao/DA " I NCDEHNR 2. a. NCO024538 12. Maps and Drawings Attach all required maps and drawings to theback of this application. (see Instructions) 14. Additional Information 12/31/93 STANDARD FORM A —MUNICIPAL FOR AGENCY usE SECTION H. BASIC DISCHARGE DESCRIPTION Complete this section for each present or proposed discharge Indicated In Section 1, Items 7 and 0, that Is to surface waters. This Includes discharges to other municipal sewerage systems In which the waste water does not to through a treatment works prior to being discharged to surface waters. Discharges to wells must be described where there are also discharges to surface .waters from this facility. Separate descriptions of each discharge are required even If several discharges originate In the same facility. 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. ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER TO BOOKLET BEFORE FILLING OUT THESE ITEMS. 1. Discharge Serial No. and Name 001 a. Discharge Serial No. l01�, (see Instructions) , b. Discharge Name 201b Broad River Discharge Give name of discharge. If any - (see Instructions) c. Previous Discharge Serial No 800 OUl 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 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 It the dis- charge Is scheduled to be discon- tinued within the next 5 years, give the date (within best estimate) the discharge will end. Give rea- son for discontinuing this discharge in Item 17. 3. Discharge Location Name the political boundaries within which the point of discharge Is located: State County (If applicable) City or Town 4. Discharge Point Description (see Instructions) Discharge Is Into (check one) Stream (Includes ditches, arroyos. and other watercourses) Estuary Lake Ocean Well (Injection) Other If 'other' Is checked, specify type S. Discharge Point — Lat/Long. State the precise location of the point of discharge to the nearest second. (see Instructions) Latitude Longitude N/A YR MO tan �N/A YR MO 262M l87b *0so 204a t04ti A en -A en- g North Carolina seq� ClevelandJim<' Shelby iies� M STR EST ❑ LKE ❑ OCE ❑ WEL ❑ OTH 13 MIN. 2' SEC 35 MIN. .—A SEC rhts section contains 8 pages. f. Discharge Receiving Water Name Name the waterway at the point of discharge -(see Instructions) If the discharge Is through an out - fall that extends beyond the shoreline or Is below the mean low water line, complete Item 7. 7. Offshore Discharge a. Discharge Distance from Shore DISCHARGE SERIAL NUMBER First Broad River For Agency°Usi`:<;, For Agency Use Minor �OfO 303e x F . - N/A feet FOR AGENCY USE b. Discharge Depth Below Water Surface H7e11 N/A feet If discharge Is from a bypass or an overflow point or Is a seasonal discharge from a lagoon, holding pond, etc., complete Items S, 9 or 10. as applicable, and continue with Item 11. a. Bypass Discharge (see Instructions) a. Bypass Occurrence Check when bypass occurs yy-,, Wet weather I Mai❑ Yes 10 No Dry weather b. Bypass Frequency Give the actual or approximate number of bypass Incidents per year. Wet Weather i"4112 ❑ Yes* Ye No :t0b4. times par year 0 Dry weather 1114 s, times per year c. Bypass Duration Give the average bypass duration In hours. Wet weather *at N/A hours Dry weather O9ii N/A hour d. Bypass Volume Give the average volume per bypass Incident. In thousand gallons. Wet weather ta" N/A thousand gallons per Incident Dry weather ,%"tl: N/A thousand gallons per Incident a. Bypass Reasons Give reasons NSA why bypass occur. Proceed to Item 11. 9. Overflow Discharge (see Instructions) a. Overflow Occurrence Check when overflow occurs. Wet weather ❑ Yes f] No Dry weather kwa2 ❑ Yes No b. Overflow Frequency Give the actual or approximate Incidents per year. Wet weather Yis1> N A times per year Dry weather ;i:' N/A times per year C c. Overflow Duration Give the average overflow. duration In . hours. Wet weather Dry weather d. overflow -Volume Glvethe average volume per overflow Incident In thousand gallons. Wet weathei Dry weather Proceed to Item 11 10: Seasonal/Pariodle Discharges a. Seasonal/Parlodle Discharge Frequency If discharge Is Inter- mittent from a holding pond, lagoon, etc., give the actual or approximate number of times this discharge occurs per year. b. Sea sonal/Porlodic Discharge Volume Give the average volume per discharge occurrence In thousand gallons. t Seasonal/Parlodle Discharge Duration Give the average dura- tion of each discharge occurrence In days- d. Seasonal/Periodic Discharge Oeaurrence—Months Check the months during the year when the discharge normally occurs. 11.' Discharge Treatment a. Discharge Treatment Description Describe waste abatement prac- tices used on this discharge with a brief narrative, (See Instruc- tions) DISCHARGE SERIAL NUMBER lO I N/A hours %!fll N/A Hours N/A thousand gallons per Incident N/A thousand gallons per Incident _N./A_tlmes par year N/A thousand gallons Par discharge occurrence N/A days ❑JAN ❑FES ❑MAR ❑ APR ❑ MAY O JUN OJUL ❑ AUG ❑SEP ❑ OCT ❑ NOV ❑ DEC IOR AGENCY IJU H-3 a DISCHARGE SERIAL NUMBER' b.' Discharge Treatment Codes S, G, C, FT, N Using the codes listed In Table 1 !1 Y!': of the Instruction Booklet, describe the waste abatement P XT — XN 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 lYst ,: Q( b. Operation and Maintenance Manual )tfri ' LT 13. Plant Design Data (see Instructions) a. Plant Design Flow ( mgd:) 1eti.1:' mgd b. Plant Design BOD,Rsmoval 9[1 % c. Plant Design N Removal (%) 1RYSf '' T)NK % UNK d. Plant Design P Removal 90 a. Plant Design SS Removal (%) sloe % 1967 f. Plant Began Operation (year) X1of NSA g. Plant Last Major Revision (year) .21*0 H GENCY USE DISCHARGE SERIAL NUMBER FOR AGENCY US[ 14. Description of Influent and Effluent (see Instructions) Influent Effluent Parameter and Code Z Q e 7 > a > ° l <> °A �< Ear Z< E it< yr (1) (2) (3) (4) (5) (6) (7) Flow MRG Million gallons per day 500 s005 4.10 4.10 2.9 5.3 onnuous ti 365 Flow I Mete: PH Units 00400 6.9 7.2 Daily 254 G Temperature (winter) , 7 028 21.4 63 59 63 Daily 254 G Temperature (summer) IF 81 Daily 254 G 74027 Fecal Streptococci Bacteria Number/100 ml 74054XXX (Provide if available) Fecal Coliform Bacteria Number/100ml 364/10 Daily 254 G 74055 (Provide if available) Total Coliform Bacteria Number/100 ml 74056 X X N/A N/A (Provide if available) BOD 5-day n'g1l 37..6 37.6 30 00310 52 Daily 254 C Chemical Oxygen Demand (COD) mg/I 00340 (Provide if available) OR Total Organic Carbon (TOC) mg/1 00680 (Provide if available) (Either analysis is acceptable) Chlorine —Total Residual st 0610 .7 ..3 1.4 Daily 254 G II•S DISCHARGE SERIAL NUMBER FOR AGENCY USE 14. Desc►IPtlon of Influent and Effluent (see Instructlons) (Continued) Influent Effluent Parameter and Code or0 % < < X X ° w F (1) (2) (3) (4) (5) (6) (7) Total Solids mg/l 00500 Total Dissolved Solids Mgt[ 70300 Total Suspended Solids mg/l 00530 116 35 97 148 Daily 254 C Settleable Matter (Residue) Mill 00545 Ammonia (as N) mg/1 00610 15.4 12 20. Weekly 53 C (Provide if available) Kjeldahl Nitrogen mg/1 00625 (Provide if available) Nitrate (as N) mg/l 00620 (i rovido if availablel Nitrite (as N) mg(l 00615 (Provide if available) Phosphorus Total (e P) mg/) 00665 (Provide if available) Dissolved Oxygen (DO) mg/1 00300 11-6 DISCHARGE SERIAL NUMBER FOR AGENCY USE 001 LU 15. Additional Wastewater Characteristics Check the box next to each parameter If It Is present In the effluent. (see Instructions) Parameter Parameter .. Parameter INU (215) _ W ` (215) (215) u Bromide Cobalt Thallium 71870 01037 01059 Chloride Chromium Titanium 00940 01034 X 01152 Cyanide X Copper X Tin 00720 01042 01102 Fluoride iron Zinc 00951 01045 01092 X Sulfide X bead X Algicides' 00745 01051 74051 Aluminum Manganese Chlorinated organic compounds* 01105 01055 74052 Antimony Mercury Oil and grease 01097 71900 00550 Arsenic Molybdenum Pesticides* 01002 01062 74053 Beryllium Nickel Phenols X 01012 01067 X 32730 Barium Selenium Surfactants 01007 01147 X 38260 Boron Silver Radioactivity* 01022 01077 X 74050 { Cadmium X 01027 *Provide specific compound and/or element in Item 17, if known. - Pesticides (Insecticides, fungicides, and rodenticides) must be reported in terms of the acceptable common names specified in Acceptable Com- mon Names and Chemical Names for the Ingredient Statement on Pesticide Labels, 2nd Edition, Environmental Protection Agency, Washington, D.C. 20250, June 1972, as required by Subsection 162.7(b) of the Regulations for the Enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act. II-7 16. Plant Controls Chock It the follovi, Ing plant Controls are available for this discharge Alternate power source for major pumping facility Including than for collection SYStOrn lift stations Alarm for power or llqulprnent failure 17. Additional Information ft DISCHARdE SERIAL NUMBER 001 ❑ APS ❑ ALM FOR AGENCY.usE *U' S. GOVERNMLM PIRDITING OFFICY. 1:•73 0 - 508-432 rOR 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 lb) AND/OR STAGED CONSTRUCTION OF SEPARATE OPERATIONAL UNITS (ITEM le), SUBMIT A SEPARATE SECTION III FOR EACH ONE. FOR AGENCY USE 1. Improvements Required a. Discharge Serial Numbers .: SChaQ:�10 Affected List the discharge serial numbers, assigned In Sec- tion 11. that are covered by this Implementation schedule 001 b. Authority Imposing Requirement Check the appropriate Item Indl- caling the authority for the Irrr { plementation schedule. 11 the 2:'e Identical Implementation $Chad. ule has been ordered by more than one authority. Check the appropriate Items. (see in- structions) k :!• Jij1iT ❑ LOC Locally developed plan [3 ARE Areawide Plan BAS Basin Plan State approved implementatton ❑ SGS schedule Federal approved water quality ❑ WQS standards implementation plan Federal enforcement procedure ❑ ENF ' or action CRT State court order ❑ FED Federal court order c. Improvement Description Specify the 3-character code for the General Action Description In Table II that best describes the improvements required by the Implementation schedule. If more than one schedule applies to the facility because of a staged con- struction schedule, state the stage of construction being described tare with the appropriate general action code. submk 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 abatement practices that the Implementation schedule requires. 3-character general action INT description 3-character specific action pRI SEC descriptions 2. Implementation Schedule and 3. Actual Completion Dites Provide dates Imposed by schedule and any actual dates of Completion for Implementation steps listed below. Indicate dates as accurately as possible. (see Instructions) implementation Steps 2. Schedule (Yr /Mo /Day) 3. Actual Completion (Y► /Mo /Day). a. Preliminary plan complete 31102691 / 6 / 1 91 5/_1 b. Final plan complete Verb 9-2-1-3-1-1— 91 c. Financing complete & contract awarded d. Site acquired e. Begin ro.:struction f. End construction g. Begin Discharge h. Operational level attained 93 12 1 -/-/- 94/ 4 1 GPO 865.707 This section contains ! page. FOR A004CV USE STANDARD FORM A -MUNICIPAL i SECTION M INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Snbroll a dnscrlption of each major Industrial facility discharging to the municipal system, using a separate $ectlon IV for each facility desrrlp. Ilan. Indicate the 4 d1911 Standard Industrial Classification (SIC) Code for the Industry, the major product or raw materiel, the flow lln ihsnr- sand gallons per day), and the characteristics of the wastewater discharged from the Industrial facility Into Ihd munlclpal system. Consult :.ihle III fnr slandaid measures of products or raw matarlalt. (see Instructions) I. Major Contributing Facility (sne 1„5fructions) Shelby Dyeing and Finishing dame 1401a I ..-- Nurnhnra. Strcnt Clly County Slate Zip Code 7. Prhnary Standardlndutlrlal CIa111flc3110n Code (see Inslnictlons) J. Prloclpal Product or Raw Material (see Instrsrctlons) Product Raw Rsaferial 4. r low Indicate the volume of water discharged into the municipal sys.. (ern In thousand gallons per day and whnlher tills discharge Is Infer- nrlltrnt or continuous. S, Pleheahnent Provided Indicate If pre(rcatmcol Is provided prior to rnferinq the municipal system e. Characterltlles of Wastewater (sne instructions) Aoea Robb 401b 401e 401d 401e 401 f 402 4033 40Jb 404a 404b 405 2270 Sam Lattimore Road Shelby Cleveland North Carolina 28152 2269 Dyed Fabrics — 253 thousand gallons per day Intermittent lint) []Contlnuous(con) C3Yet lb NO Units (See Quantity Table Ill) naramcle1 Name _ BOD TSS 0 & G PH PHENOL SULFIDE Cr haFameter r'IumI:xlr 00310 0530 00550 00410 32730 00745 .01034 Value 250 MG/ 81 MG/L 27 MG/L 10 Units 19 MG/L .1 MG/L .02 MG/L I•arar„Pier Name Cu i•a�an;et�.-- 01042 -- Number Value .04 MG/L tVA this becHon conlejne t pege. cP0 a65.7aa FOR AGENCY USE STANDARD FORM A —MUNICIPAL t - J SECTION M INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Snrbmil a description of each malo► Industrial facility discharging to fhb municipal system, using a separate Sectlon Iv for each facility dest►Ip- Ilsrrr. lrnrlicale the 4 d141t Standard Industrial Classification (SIC) Code for the Industry, the major product or raw materiel, the flow jln 11`mm- sand gallons per (lay), and the characteristics of file wastewater discharged from the Industrial facility Into Ihik municipal system. Consult ' .11sle III for standard measures of products or raw materials. (see Instructions)' I. Major Contributing Facility (%.. Irrslrlrctlons) Kemet Electronics ,hlamc � I 401a I _--- ...--- Nurnberg. Sheet Clly Connly Slate 71ts Code 7. Primary Standard Industrial Classification Code (see II`ilrnrctlons) 3. Pllocipal Product or Raw Material (see Instructions) Product Raw Material 4. now Irndlcale the volume of wafer discharged into the municipal sys- tem in thousand gallons per ,day and whether this discharge Is Inler- milinnl or continuous. S. Pretreatment Provided Indicate If prehealmenl Is provided prior to Pntering trip. municipal system 6. Characteristics of wastewater (sop Instructions) A00a AOAti 401b 401C 401 d 4ote 4011 402 40]a 40Jb 4048 404b 403 2501 West Dixon Blvd. Shelby Cleveland North Carolina 28152 3675 Units (See Quantity Table 111 Ceramic Capacitor ;M 250x10 jii4 Day :.4 46�.�► 40 thousand gallons per day ❑Inlermillent lint) )a Continuous (eon) JU Yes C]No t`aramater Nance hararneler BOD TSS 0 & G PH Pb Ag Hi fJurnbu►.00310 00530 00550 00410 1051• 01077 01067 Value 250 Mg/1 80 Mg/L 16 Mg/L 7.0 Mg/ .03 Mg/ .004 Mg/l, .03 Mg/ f`aranr�I P.r Nance 1`alalneler- - — Nurn_ber Value'— — - IV-1Till• bection c(xffelne j page. CPO ess.7oe t; FOR AGENCY USE l STANDARD FORM. A —MUNICIPAL I - J SECTION M INOUSTMAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Srrbrrril a rfnscrlptlon of each major Induslrlal facility discharging to iha munlelpal'system, using a separate Seetlon IV for each facility desrrlp- Ilan. Indicate the 4 dlgll Standard Induslrlal Classification ISIC) Code for the Industry, the majo►,p►oduet or raw material. the flow (ln iht.ar- sand gallons nor day). and the characteristics of the wastewater discharged from the Industrial facility. Into Ili# municipal system. Consult : able III fnr standard measures of products or raw materials. (see instructions) I• 'Major Contributing Facility (n-n h'strueti"":1 Fasco .Controls Corporation Name 4013 _-- Num1100 Airport'Road Slrpol 401b City 401c _ Shelby ('minty 401d Cleveland State 401e North Carolina 71p Cnde 4011 28150 . 7. Prlmory Standard Industrial 402 3622—' Classlficallon Code (see ., Instructions) Units (See J. Ptinclpal Product or Raw Quantlty Table III) Material (see Instructions) Product 4032 Electro—Mechanical rraw Material 4. Flow. Indicate the volume OI water disrharged Into the municipal sys- tom In thousand gallons per day and whether this discharge Is Inler- ndtMnt nr continuous. 9. rrelrealrnent Provided Indicate If wetrealment Is provided prior to enferinq flip municipal system G. C harac ter lilies of Wastewater (see Instructions) ' 40e• i0ob 407b 4042 404b 409 Switches 65_thousand gallons per day Intermittent (IntMContinuous (con) ( Yes 0No Job: Parameter Name BOD TSS PH 0 8c G Cy Cd Cr f'arameler' 1Jurnber 00310 00530 00410 00550 00720 01027 01034 value 60 Mg/L 13 Mg/L 10 Unit, 6 Mg/L .047 Mg/ .008 / .14 Mg/L 40e• 4aati Iharar„eter fJar„e Cu Ph Hi Ag Zn 1'iiaineli'r-- Nun,be► 01051 01067 01077 01092 Vallee _01042 21 Mg/L .01 Mg/L .03 Mg/L .2 Mg/L .72 Mg/L IVA ihl�.btieHon eoafalnt b page.. cro ess.�oe . POR AGENCY USE STANDARD FORM A —MUNICIPAL t _ I SECTION IV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Sl ibnnll a dnscrlpllon of each major Industrial facility discharging to thb municipal system, using a separate Seetlon IV for each facility deserlp- Ilon. ImIlcale tho 4 dlglt Standard Industrial Classification (SIC) Code for the Industry, the major product or raw material, the flow (in ihcm- sand gallons per clay), and the chareclerlstics of the wastewater discharged from the Industrial facility Into the municipal system. Consult ! .ih►e III fnr standard measures of products or raw materials. (see Instructionf) 1• raajor Contribulinq raelllty (..Instructions) Curtiss Wright Flight Systems IJanre 1 401. Nurnhnra. Street City County Slain Zip Cnde 7. Prhilory Standard Industrial Classification Code (see Insiructlons) J. PIIrIelpal Product or now Material (see Instructions) Product flaw Material 4. rinw Indicate the volume of water discharged Into the municipal sys- tmn In thousand gallons per day and whether this discharge Is Inter- n,lttrvrl o continuous. S. Pretreahnenf Provided Indicate If pretreatment Is provided prior to entering the municipal system s. Characlerlstles of Wastewater (son Insiructlons) 40aa 4oRii 401b 40le 401 d 401e 4011 402 4032 403b 4042 404b 405 201 Old Boiling Springs Road Shelby Cleveland North Carolina 28152 3728, 3471, 3493, 3599 Aircraft Acuators Aluminum . Stock .006 thousand gallons per day I] Intermittent lint) MContinuous (conj :]Yes UNo Units (See Quantity Table 111) 100 Each hit -t`aramot er Name _ BOD TSS 0 & G PH Cd . Cr Cu f`ar areal er I,lumber 00310 00530 00550 00410 0102.7 01034 01042 Value 230 M /L 93 M /L _ 20Mg/L 7.OUnit .088 Mg/ .04 Mg/L :04 Mg/L NAra,e+eler Pb Ni Ag Zn Cy ►`aialnet pr�- fJllrrsber 01051 01067 01077 01092 00720 Value 15 Mg/L _ 012Mg/L .01 Mg/L .15Mg/L .01 Mg/L «A thilk 1l6010iff rdn18inb t pade, r,ro ees.�oe FOR AGENCY USE STANDARD FORM A -MUNICIPAL RE SECTION IV. INDUSTRIAL WASTE CONTi11BUTION TO MUNICIPAL §YSTEIIM Srrbrtrll a rinscrlptlon of each mi)or Industrial facility discharging to thb municipal system. Using a sepa►ate.Seetlon IV for each facility descrlp. Ilan. Inrllcaln the 4 dlrlll Standard Industrial Classification (SIC) Code for the Industry, the major product or raw material, the flow (in (Moor- land gallons per day►• and the characteristics of the wastewater discharged from the Industrial facility Into the municipal system. Consult ' ,ihle III for standard moastires of products or raw materials. (see Instructions) I. Ma(or'Conlrlbuting Facility (cue Instructions) nlaine 4101a.� Copeland Corporation NmnhnrR• Shnnl City Cnunly Slate Zip Code 2. Pthusty Standard Industrial Classification Code (see Inslrncllons) J. I`llnelpal Product or Raw Material (see Instructions) Product Raw Material 4. Flow Indicate the volume of water dlschataed Into the municipal sys- Imn In thousand gallons per day and whether this discharge Is Inter- rnlllnnt nr continuous. S- Pteheal!neol Provided Indicate If pretreatroent Is provided prior to entering the municipal system C. Characteristics of Wastewater (sue Instructions) 40oa 4oA6 401b 401C 401 d 401e 4011 402 4032 1 40Jb I 404a 4016 409 4401 East Dixon Boulevard Shelby Cleveland North Carolina 28150 3698 Units (See Quentlty Table 111) Refrigeration Compressors_;» a. air 60 thousand gallons per day ❑Intermittent (Inl)$]Continuous (con) $�Ves ONo Parameter - NAnte BOD TSS PH 0 & G C Cd Cr Irarameler N!T-tTf 00310 00530 00410 --._ 00550 00720 01027 01034 Value 250 M / 47 M /L .9.211nit 19 Mg/L 01 Mg/L .001 Mg/ .16 Mg/ 400a 4006 rar arneter Nome �•aerrnel�r-_ Nrrrrtbef Cu Ph Ni Ag Zn 01042 01051 01067 01077 01092 Value ,02 Mg/L .13 Mg/L.13 Mg/L .01 Mg/L 1.3 Mg/L tv) "is bectlon contain* l pade. nP o eRs.7oa FOR AGENCY USE] STANDARD FORM A —MUNICIPAL SECTION LV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM SrrbmIl a description of each major Industrial facility discharging to the municipal system, using a separate geetlon IV for each facility descrlp- Ilan. Indlcale the 4 d1911 Standard Industrial Classification (SIC) Code for the Industry, the major product or raw materiel, the flow (In thpn- sand gitlons por day), and the characteristics of the wastewater discharged from the Industrial facility Into thil municipal system. Consult ! this III My standard measures of products or raw materlals. (see Instructions) I. Major Contributing Facility (:an hrslrtrcllrnrs) ,name 401a _Metals America Nun+bnre. Street Clly County Slain 7.IP Code. 7. Prhnary Standard Industrial Classillcallon Code (see Instructions) J. f ilnclpal Product or Raw PAalerlal (see Instructions) Product naw Rsalerlal 4• rinw Indtcalp the volume of water dlsrhareed Into the municipal sys- tem In thousand gallons pm day and whether this discharge Is Inler- ndttont nr cm+llnusnrs. S. Pretreatment Provided Indicate If prehealrnent Is Provided prior to Pnlnrinq the, municipal system G. Charaeter411as of Wastewater (son Instructions) A00a iioAti AOea 400t1 401b 40fe 401d 40te 4011 402 4031 1 407b 4042 404b 403 499 Old Boiling Springs Road Shelby, NC Cleveland North Carolina Q0 0� 5051, 5023, 2819 Units (See Quantity Table 111) COpper _ _Sulfate, Nickel Sulfate. Nickel Sulfamate 10o: #It 65 thousand gallons per day 10 Intermittent lint) [] Continuous (con) 10 yes []No Parameter Nary+e BOD TSS PH 0 & G Cu Ni Se f'ararnet er t4urn_ber 00310 — 00530 00410 --y 00550 0104.2 01067 01147 Value 180.Mg/L 106 Mg/L 8.0 Mg/L 1 Mg/L .39 Mg/L .08 Mg/L .10 Mg/L 1'a+an+eler -- N4n+e --- hiiainel�r�- — Number Value CPO ee5.7oe Thta 6eclion contains I page. PON AGIENCV Usf. l STANDARD FORM A -MUNICIPAL 1 SECTION LV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Siibnrll a rinscrlpllon of each major Industrial facility discharging to Ihb municipal system, using a separate SOcllOn IV for each facility descrlp- Ilnn. rndkalp the 4 dlgll Standard Industrlal Classification (SIC) Code for the Industry, the major product or raw materiel, the flow fin Molt — sand gallons per (lay). and The characteristics of the wastewater discharged from the Industrial facility Into the municipal system. Consult ! able III fnr standard measures of products or raw materials. (see Instructions) I. Major Conlrlbuting Facility (:nn hrsirUctlnns) Name _ 401. (..__ Dicey Mills Nunthnra, Slrenl Cfly County Slate Zip Code 7. Prinury Standard Industrial Classification Code isee Inslntctlons) 7. Ptlrrclpal Product or Raw ldaletbl (see Insbucllons) Product flaw Rlaterial 4• Flow Indicate. Ilse volume of water discharged Into the municipal sys- tem In thousand giltnns per day and whclhe-r this discharge Is Inter- inlftnnt nr continuous. tl. Nelreatment Provided Indicate 11 ptctrcalment Is provided prior to nnlerinq the municipal system 6. Characteristics of Wastewater (sop Instructions) Una AM 401b 401c 401d 40le 401f 402 403a 40311 4042 404b 409 Neisler Street Shelby - - Cleypland Nnrrh Carolina 28152 2241 Fabrics Upholstery Material _ 143 thousand gallons per day L]Intermittent (Intl n Continuous (con, L] Yes No Units (See Quantity Table 111) fill-Id: Paranwler Name BOD TSS 0 & G PH PHENOL SULFIDE Cr hat amel er Number 00310 0.0530 00550 00410 32730 00745 01034 Value 51 M /L 100 Mg/L 27 Mg/L 7.4Unit 2.5 Mg/L .1 Mg/L .71 Mg/ Paranteler Nalne 4001 lIzamelo— No m_ber 400 Value IV-1 I:rn ess.70e this bbcfion conlalna % pade. FO11 AGENCY Ust 1 STANDARD FORM A —MUNICIPAL SECTION M INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL 9YSTItM S,rbr„il a rtoscrlpllon of each major Industrial facility discharging to the municipal system, using a separate Seetlon IV for each facility descrlp• tlnn. Inrllcaln the 4 dlnll Standard Industrial Classification (SIC) Code for the Industry, the major product or raw material, the flow (ln fiu+u• sand gallons pnr (lay), and the characteristics of five wastewater discharged from the Industrial facility Into th1 municipal system. Consult : into III fnr standard measures of products or raw materials. (see Instructions) I- rAalnr Contributing Facility (:fin Instructions) hla,ne 401a ( _ J & C Dyeing ..---- fJurnhnrR Shen) City ("m r1 t v Stale 71p Code 7. Primary Standard Industrial Classlllcallon Code (see Instructions) 7. Principal Product or Raw Material (see Instrucllons) Product Raw Material A. slow Indicate the volume of water discharged Into the municipal sys- tom In thousand gallons per day and whether this discharge Is inler- miflnni nr continuous. S. Pretreatment Provided Indicate If prelrcatn,cnl Is orovlded prior to enlerinq the, runicloal system G. Characlerlstics of Wastewater (%no instructions) Anna itaA6 401b 401c 401d 40le 'Golf 402 4033 407b 1 4043 404b 409 _.1000 West Grover Street Shelby Cleveland _ North Carolina 2269 Units (See Quantity Table 111) Package Dyeing of woven and knitting yarn 4 750 thousand gallons per day ❑ Intermittent (Intl []Contlnuous(con) [] Yes []No r ara,neter BOD TSS 0 & G PH PHENOL SULFIDE Cr Paiameler rdurnber 00310 — 00530 00550 — 00410 32720 00745 01034 Value ____ 99 Mg/L 6 Mg/L 23_Mg/L 10 Units .01 Mg/L .1 Mg/L .02 Mg/ r•ara„—i,tiler— ---Cu ---- NArne _ ---- - i•a;r�r�nier-- Number 01042 Value' .05 Mg/ t� This bectton contains j page. r.rr nr;s.70e Ipipr= 1yo. 001. 13170AU tcl[on_ L121_r IL 4654 / 447 148 sHEL;BY 6 Ml. (SHELBY 1:62 500) 450 32'30" 451 / 1�1 >�' ' �j I106 oho/ \ uarr l3 •. �.\ nurse � U 1 Lt.�- /� 0 0 DSew • n� pp„ �_ ) 1� 1 0 o C.• 6s31 In tr'aal.W t $ / Pp soo J -780 o I� „ u 12 AA o • �) II e° 'J/, a 0o ° 1 1 � 11329 5776 ` 786 8 / • I / 1 7A NI 109 )780 111 % NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO024538 PERMITTEE NAME: City of Shelby FACILITY NAME: Broad River Wastewater Treatment Plant Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: 6.0 MGD Domestic (% of Flow): Industrial (% of Flow): Comments: RECEIVING STREAM: the First Broad River Class: C Sub -Basin: 03-08-04 Reference USGS Quad: G 12 NE (please attach) County: Cleveland Regional Office: —Mooresville Regional Office f o _ Previous Exp. Date: , 12/31/93 Treatment Plant Clasqq s, Classification changes within three miles: f, Requested by: Charles Alvarez Date: F ' Prepared by: " Date: /� 93 Reviewed C Date: Modeler Date Rec. # Z�_N`'J 16 93 Z Drainage Area (mil) �(v % Avg. Streamflow (cfs): 333, F 7Q10 (cfs) ,3 Winter 7Q10 (cfs) 30Q2 (cfs) Toxicity Limits:,IWC /� % Acute/ hronic Instream Monitoring: Parameters Upstream Locati Downstream Location Effluent Characteristics Summer Winter BOD5 (m ) NH3-N (mom) /'F S c�J D.O. (mg/1) 51-- TSS (mg/1) 20 F. Col. (/100 ml) pH (SU) - q Z_ (a / -1W 1ji/cwt p//� .z 9 �2 9 T� Comments: ; 2 Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Request # City of Shelby -Broad River WWTP NCO024538 . 68% Domestic / 32% Industrial Existing Renewal The First Broad River C 030804 74,24=.g MOORESViLLE HEBURAL OFFICE Cleveland Stream Characteristic: Mooresville fl USGS # Alvarez Date: 4/16/93 Drainage Area (mi2): G12NE Summer 7010 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC M: 267.0 44.3 * G3G3GZU 17 c:. Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of NPDES permit. Revised stream flow information has been obtainer);; from Water Resources on the 7Q10 flow estimates in the First Broad River due to proposed watet plant expansions for Shelby and Cleveland County Sanitary District. Previous WLAs had used a'=o summer 7Q10 of 70 cfs,Water Resources has determined that the 7Q10 will be reduced to 44.3 cfs at the WWTP discharge point.. Facility has been notified by letter (11/20/92) of anticipated revisions in effluent limits. Special Schedule Requirements and additional comments from Reviewers: Recommended by: Date: 6/17/93 Reviewed by i Instream Assessment: � Date: Regional Supervisor: / Date: Permits & Engineeringl ,: Date: -753 RETURN TO TECHNICAL SERVICES BY: J U L 2 5 1993 '-1 2 CONVENTIONAL PARAMETERS ExistinE Limits: Monthly Average Summer Winter Wasteflow (MGD): 6.0 BODS (mg/1): 30 NH3N' (mg/1): monitor DO (mg/1): monitor TSS (mg/1): 30 Fecal Col. (/100 ml): 200 pH (SU): 6-9 Residual Chlorine (µg/1): monitor Temperature (°C): monitor TP (mg/1): monitor TN (mg/1): monitor Recommended Limits: Monthly Average Summer Winter WQ or EL Wasteflow (MGD): 6.0 BODS (mg/1): 25 WQ NH3N (mg/1): 18.5 WQ DO (mg/1): 5 WQ TSS (mg/1): 30 Fecal Col. (/100 ml): 200 pH (SU): 6-9 Residual Chlorine (µg/l): monitor Temperature (°C): monitor TP (mg/1): monitor TN (mg/l): monitor Limits Changes Due To: Parameter(s) Affected Change in 7Q10 data BOD5,NH3,DO Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information (explanation of any modifications to past modeling analysis including new flows, rates, field data, interacting discharges) (See page 4 for miscellaneous and special conditions, if applicable) l 3 TOXICS/METALS Type of Toxicity Test: Chronic Pass/Fail Qrtrly Existing Limit: 12% Recommended Limit: 17 % Monitoring Schedule: FEB MAY AUG NOV Existin2 Limits Daily Max. Cadmium (ug/1): 17 Chromium (ug/1): 426 Copper (ug/1): monitor Nickel (ug/1): 750 Lead (ug/1): monitor Zinc : t Cyanideide (ug/1): � Silver (ug/1): monitor Recommended Limits Cadmium (ug/1): `Chromium (ug/1): Copper (ug/1): Nickel (ug/l): Lead (ug/1): Zinc (ug/1): Cyanide (ug/1): Selenium (ug/1): Silver (ug/1): Daily Max. 11 288 monitor 507 144 monitor 29 29 monitor Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow New pretreatment information Failing toxicity test Other (onsite toxicity study, interaction, etc.) WQ or EL WQ WQ WQ WQ WQ WQ Parameters) Affected Cd,Cr,Ni,Pb,Cn, Se X_ Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. •• No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING.REQUIREMENTS Upstream Location: 100 ft. upstream of discharge =` Downstream Location: 1)7ust above Sticey Shoals Dam 2)7ust above the confluence of Beaverdam C Parameters: Temperature, Dissolved Oxygen, Fecal Coliform, Conductivity 'Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No If no, which parameters cannot be met? Would a "phasing in" of the,new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? -- (Y or N) If yes, explain with attachments. Facility Name SHELBY-BROAD RIVER WWTP Permit # NC0024538_ Pipe # 001 _ 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 _ _FEB MAY AUG NOV_. Effluent sampling for this testing shall be -performed at the NPDES permitted final effluent discharge -below all treatment processes. Alltoxicity 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. 7Q10 44.3 cfs Permitted Flow 6.0 MGD IWC 17 % Basin & Sub -basin BRD04 Receiving Stream FIRST BROAD RIVER_ County CLEVELAND R mmended by: .1A A-4 Date /24/93 QCL PIF Version 9191 NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0024538 PERI'VII'ITEE NAME: City of Shelby FACILITY NAME: Broad River Wastewater Treatment Plant Facility Status: Existing Permit Status: Renewal Major -V Minor Pipe No.: 001 Design Capacity: 6.0 MGD Domestic (% of Flow): Industrial (% of Flow): Comments: 68 % 32 % RECEIVING STREAM: the First Broad River Class: C Sub -Basin: 03-08-04 Reference USGS Quad: G 12 NE (please attach) County: Cleveland Regional Office: Mooresville Regional Office Previous Exp. Date: 12/31/93 Treatment Plant Class: IV Classification changes within three miles: Requested by- Charles Alvarez Prepared by Reviewed y: tjQ Date: 4/16/93 Date: 1 93 Date: c� .3 Modeler Date Rec. # �µAJ 4111.143 -1z Drainage Area (mil�26 ) 7 Avg. Streamflow (cfs): s 7/ 7Q10 (cfs) 7 o Winter 7Q10 (cfs) // Z 30Q2 (cfs) /5_� Toxicity Limits:.IWC % Acut hronic Instream Monitoring: Parameters Upstream _'i Location 166 , di Downstream i Location ✓ Effluent A.— Summer Winter. Characteri stics BOD5 (mg/1) 3 b NH3-N (mg/1) n,ahi74ir . D.O. (mg/1) TSS (mg/1) F. Col. (/100 ml) Zak pH (SU) J, 17 C��, ✓M % gZ 6 S Comments: M r&cLT �n.e UO VJ���, of UT �� 1� g>1/ew 14' �3 - b� i�I e���f L�JG��� GiiA48r5upply 0)j* �h01'V"4 FACT SHEET FOR WASTELOAD ALLOCATION Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: Request # City of Shelby-Broqd River WWTP NCO024538 68% Domestic / 32% Industrial Existing Renewal The First Broad River C 030804 7424 ~ ,q) �S �,�►-ldPd n Sr9 �, n L9Er,�., .;- fir•;;.; .:'�:�! rot f'k1 {ul'J71.d71 Cleveland Stream Characlenstic`: Mooresville" USGS # Fh."`W'`t'~ L-�`rilyL Alvarez Date. 4/16/93 Drainage Area (mi2): 267.0 G12NE Summer 7Q10 (cfs): 70 Winter 7Q10 (cfs): 112 Average Flow (cfs): 371 30Q2 (cfs): 154 IWC (%): 12 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of NPDES permit. Tech Support recommends renewal of existing limits for this permit period. In the future, due to water plant expansions, limits will have to be r revised. Background: Revised stream flow information has been obtained from Water Resources on the 7Q10 flow estimates in the First Broad River due to proposed water plant expansions for v Shelby and Cleveland County Sanitary District. Previous WLAs had used a summer 7Q10 of 70 cfs,Water Resources has determined that the 7Q10 will be reduced to 44.3 cfs at the WWTP discharge point. Facility has been notified by letter (11/20/92) of anticipated revisions in effluent "�3 limits. ' Special Schedule Requirements and additional comments from Reviewers: G.`.:i�`� 5 E94/JC f'.Lrt.• i�''%G��!c�<e_l l.l. �_ 711wZ / ` Recommended by: Date: 6/17/93 Reviewed by Instream Assessment: Date: Regional Supervisor: ( i Date:217 Permits & Engineering: Date: RETURN TO TECHNICAL SERVICES BY: J U L 2 5 1993 2 CONVENTIONAL PARAMETERS Existinff Limits: Monthly Average Summer Winter Wasteflow (MGD): 6.0 BOD5 (mg/1): 30 NH3N (mg/1): monitor DO (mg/1): monitor TS S (mg/1): 30 Fecal Col. (/100 ml): 200 pH (SU): 6-9 Residual Chlorine (µg/1): monitor Temperature (°C): monitor TP (mg/1): monitor TN (mg/1): monitor Recommended Limi Monthly Average Summer Winter Wasteflow (MGD): 6.0 BOD5 (mg/1): 30 NH3N (mg/1): monitor DO (mg/1): monitor TSS (mg/1): 30 Fecal Col. (/100 nil): 200 pH (SU): 6-9 Residual Chlorine (µg/l): monitor Temperature CQ: monitor TP (mg/1): monitor TN (mg/1): monitor Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information WQ or EL WQ WQ WQ Parameter(s) Affected (explanation of any modifications to past modeling analysis including new flows, rates, field data, interacting discharges) (See page 4 for miscellaneous and special conditions, if applicable) Type of ToxicitKTest: Existing Limit: Recommended Limit: Monitoring Schedule: Existing Limits Cadmium .(ug/1): Chromium (ug/1): Copper (ug/l): Nickel (ug/1): Lead-(ug/1): Zinc (ug/1): Cyanide (ug/1): Silver (ug/1): Recommended Limit TO)GCS/N=ALS Chronic Pass/Fail Qrtrly 12% 12% FEB MAY AUG NOV Daily -Max. 17 426 monitor 750 monitor XnItpr L3 monitor Daily Max. WQ or EL Cadmium (ug/1): 17 WQ Chromium (ug/1): 426 WQ Copper �(ug/1): monitor Nickel (ug/1): 750 WQ Lead (ug/1): monitor WQ Zinc (ug/1): monitor Cyanide (ug/1): 33' y- 3 WQ Silver (ug/1): monitor Limits Changes Due To: Parameter(s) Affected Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow New pretreatment information Failing toxicity test Other (onsite toxicity study, interaction, etc.) X_ Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR No parameters are water quality limited, but this discharge may affect future allocations. 4 INSTREAM MONITORING REQUIREMENTS Upstream Location: 100 ft. upstream of discharge y. Downstream Location: 1)Just above Sticey Shoals Dam 2)Just above the confluence of Beaverdam C Parameters: Temperature, Dissolved Oxygen, Fecal Coliform, Conductivity Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adegluacy of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No If no, which parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. Facility Name SHELBY-BROAD RIVER WWTP Permit # NC0024538_ Pipe # 001 _ 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 . 12_% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quartcrly 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 _FEB MAY AUG NOV_. 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 reopened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document,. such as minimumi 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. 7Q10. 70 cfs Permitted Flow 6.0 _ MGD IWC 12 % Basin & Sub -basin BRD04 Receiving Stream FIRST BROAD RIVER_ County CLEVELAND R mmended by: ate 6/24/93 QCL P/F Version 9191 State of North Carolina Department of Environment, Health, and Natural Resources Mooresville Regional Office James G. Martin, Governor Albert F. Hilton, Regional Manager William W. Cobey, Jr., Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT November 13, 1991 Mr. Donald F. Rhom Post Office Box 1207 Shelby, North Carolina 28150 Subject: NPDES Permit No. NCO024538 City of Shelby Cleveland County, NC Dear Mr. Rhom: Our records indicate that NPDES Permit No. NCO024538 was issued on November 1, 1991 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 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 Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, 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 wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process 919 North Main Street, Mooresville, N.C. 28115 • Telephone 704-663-1699 • FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer Mr. Donald Page Two F. Rhom November 13, 1991 failures, etc. Also addressed are requirements for a certified Wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per 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, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:se N. U. DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT NOV - 8 1991 State of North Carolina DIVISION OF ENVIRONMENTAL MANAGEMFBI Department of Environment, Health and NaturallesourceslONAI QFFICE Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary Donald F. Rhom Box 1207 S,hel.by, NC 28150 Dear Mr. Rhom: George T. Everett, Ph.D Director November 1, 1991 Subject: NPDES Permit No. NCO024538 City of Shelby Cleveland County In accordance with your application for discharge permit received on April 15, 1991, 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, EA. 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 Ms. Rosanne Barona at telephone number 919/733-5083. Sincerely,, Original Sit;+: Oanaid s0it for George T. Everett cc: Mr. Jun Patrick, EPA , "sv,III :'.1 egJianI fice Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer 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, If, and III hereof. This permit shall become effective December 1, 1991 This permit and the authorization to discharge shall expire at midnight on December 31, 1993 Signed this day November 1, 1991 Original signed By ponald Safrit for George T. Everett, 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 the existing 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. G;�,� of s�,C.I NCpo Z4Sz� 654 _ 35' '47 148 _ �(SHELBY 1:62 500) 'S0 32'30" 'S1 �- T -cr— /r --- -• j--7 Z - `'G \\ nurse / uarry 1) l \•�Ai dw 11 0 Di' 'saL . __ - �J.�" i �'�oi__ti .\ `�. I d ! Y ,\'`� '�o-mac;. '���I� � trial Waste, • � �. �.� � , -/ \ C�/ � / •Q ln. `� \'• '� �`, j per- . +it lilt I123` d]29 / j yam:: r776 %Sty e Sh.-al�� i I\1 Imo' /,�' I sf \1' s� \ \ - =•C'1 ` -' �`�ir�..J ^ "�\, _ \ J ' it d - � . �� /� � ' � - r �,1 `'\ - \1 • /�. 76 % � ;,^ice s ' _ ; ^ �- - �i ,. / • -iis. reed '_\ \� 'Iry '-� / (/ � � \ • _. �� I `N •.hire `1 i) ��\�. �\, � II I ,� 1f' :� Soh � _ (, • �I' � � -,�,; '�/ \\V �� � C t •�ta�rs L - ii;��i iiFkr;. -r '"�, /`—� - - I �) _ I • \, , A. O. FLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC00245 38 D -ing the period beginning on the effective date of the permit and lasting until expiration, the Pennittee is authorized to discharge from of all(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluen Characteristics Flow BOD, 5 1 y, 20°C** Total Sus <!nded Residue— NH3 as IN Dissolved )xygen Fecal Col arm (geometric mean) Total Res Iual Chlorine Temperas � e Total Nitrc ! :)n (NO2 + NO3 + TKN) Total Pho .chorus Chronic oxicity*** Discharge Limitations Monthly Avg_ Weekly Avg_ 6.0 MGD 30.0 mg/I 45.0 mg/I 30.0 mg/I 45.0 mg/1 200.0 /100 ml 400.0 /100 ml Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type 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 imple locations: E - Effluent, I - Influent, U - Upstream 100 feet above the discharge, D - Downstream (1) just above Stony Shoals Dam, ai : (2) 0.5 mile above the mouth of the First Broad River at NCSR 1218 U stream and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August, ai September and once per week during the remaining months of the year. !'he monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85 removal. Y' Chronic ToxicityCerioda hnia P/F at 12%; February, May, August and November; See Part III Condition F. ( P ) � Y, Y� � , See Part III, Condition G. See Part III, Condition H. TI 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. TI -e 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 expiration, the Perrnittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Pollutant Analysis**** Conducti% Cadmium Chromium Nickel Cyanide Copper Lead Zinc Silver Color" Discharge Limitations Monitoring Requirements Units (specify) Measurement Sample *Sample Monthly Avg, Weekly Avg. Daily Max Frequency Tvpe Location Annually E ` Grab U, D 17.0 ug/I Weekly Composite E 426.0 ug/1 Weekly Composite E 750.0 ug/I Weekly Composite E 43.0 ug/I Weekly Grab E Monthly Composite E Monthly Composite E Monthly Composite E Monthly Composite E 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 necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II 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/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. Part II Page 2 of 14 d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal 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 Units" 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 Units" 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 Units" 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. 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. Part 11 Page 3 of 14 f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (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. 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. Part II Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duly to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions, 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)] Part II Page 5 of 14 c. Understate law, a daily 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 § 143-215.6 (a)] 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge 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, CA.) 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. Pro My Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 6 of 14 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. If the permittee wishes to continue anactivity 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 discharge that has not requested renewal at least 180 days prior to expiration, or any discharge 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 Part H Page 7 of 14 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 believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 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 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, 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. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. Part II Page 8 of 14 2. Proper Q12eration 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 permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in 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 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. ._�� M. 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 27687 Raleigh, North Carolina 27611 Part II Page 11 of 14 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. 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. 6. Records Retention 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. Part H Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, 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 Dischargg 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). 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. Part II Page 13 of 14 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). 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, 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 Reportin g 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 inforination which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. 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. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, 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.. Chanee 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). 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. Part III Page 1 of 4 PART III OTHER REQUIREMENTS A. Rgquirements for Control of Pollutants Attributable to Industrial U e . 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 ATSM' standards D-93-79, D-93-80, or D-3278 (incorporated by reference, see 40 CFR 260.11). This prohibition does not apply to any aqueous solution containing less than 24 percent alcohol by volume which would otherwise be a hazardous waste under 40 CFR 261.21 by virtue of having a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade; b. Wastes which will cause corrosive structural damage to treatment works, and in no case discharges with a pH less than 5.0 standard units unless the system is specifically designed to accommodate such discharges; c. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment works; d. Wastewaters at a flow rate and/or pollutant concentration which will cause an inhibition or disruption of the POTW, its treatment processes, operation, or sludge use and disposal; e. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40°C (104°F) unless the works are designed to accommodate such heat; 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 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 Page 2 Of 4 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 pemuttee shall either develop and submit to the Division a Pretreatment Program for approval per 15 NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15 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. 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 15 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 NPDES 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 15 NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. The permittee shall develop, in accordance with 40 CFR 403.5(c), specific limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b). 2. Within 120 days of the effective date of this permit the permittee shall draft and submit a monitoring program for the collection of facility specific data to be used in a wastewater treatment plant headworks analysis for the development of specific local pretreatment standards as required by paragraph 1 above. The permittee shall modify and implement the monitoring program based on comments received by the Division within 180 days of the effective date of this permit. 3. 180 days prior to the expiration date of this permit the permittee shall submit a headworks analysis based on the data collected via the monitoring program required by paragraph 2 above. 4. The permittee shall issue permits for construction, operation and discharge to all significant industrial users in accordance with NCGS. 143-215.1. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard conditions, and compliance schedules as necessary for the installation of control technologies to meet applicable pretreatment standards and requirements. Prior to the issuance -of a permit to construct or as a condition of the permit an evaluation of the treatment process, proposed must be made as to its capacity to meet the permit limitations. 5. The permittee shall carry out inspection, surveillance, and monitoring requirements as described in its approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The permittee must inspect all significant industrial users (SIUs) once per calendar year and sample all SIUs at least twice per calendar year, once during the period beginning January 1 and ending June 30 and once during the period beginning July 1 and ending December 31. Part III Page 3 of 4 6. The permittee shall enforce 'and obtain appropriate remedies for violations of categorical 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 specific local limitations. All enforcement actions shall be consistent with any Enforcement Response Plan approved by the Division. 7. The permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the approved pretreatment program, the industry's pretreatment permit, and/or in 15 NCAC 2H .0908. 8. The permittee shall submit twice per year 2 copies of a pretreatment report describing its . pretreatment activities over the previous six months. A report shall be submitted to the Division by August 1 of each year describing pretreatment activities for January 1 through June 30 of that year, and a like report shall be submitted by February. 1 of. each year for activities conducted from July 1 through December 31 of the previous year. These reports shall contain the following information: a. a narrative summary of actions taken by the permittee to ensure compliance with pretreatment requirements and standards b. a list of any 'substantive changes made in the approved pretreatment program c. a compliance status summary of all significant industrial users d. a list of those significant industrial users in reportable noncompliance with pretreatment requirements and standards, the nature of the violations, and actions taken or proposed to correct the violations on forms approved by the Division. e. sampling and analytical results recorded on forms approved by the Division f, upon request, other information which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit g. a pretreatment program summary on forms approved by the Division. 9. 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. 10. The permittee shall publish annually, pursuant to 40 CFR 403.8 (f) (2) (vii), a list of significant industrial users that have significantly violated pretreatment requirements and standards during the previous twelve month period. 11. The permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 12. The permittee shall maintain adequate legal authority to implement its approved pretreatment program. 13. The permittee shall update its industrial user survey at least once every five years. 14. Modifications to the approved pretreatment program including but not limited to local limits modifications and monitoring program changes shall be considered permit modifications and shall be governed by 15A NCAC 2H .0114 and 15A NCAC 2H .0907. Part III Page 4 of 4 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 Environmental Management 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 Environmental Management, 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. Part III Permit No. M20024538 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. Pollutant Analysis Condition The permittee shall conduct a test for pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be comnleted annnally ticino PP4 nnnrnN,,- 1 n,Pth,n lc ram.- F^tlowln`' S(Ii�a flit rfu t'il)IIS: (a) 1 Ufee jet �j.e., �!��c,s;lr .or��r„c �.earrpo ncls), 0b) actd' elfrucfable�; (C) baSC/t1CLILFetl exu'at-tables: (d) organochlorine pesticides and PCB's (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo, to be provided to all dischargers affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis Monitoring Requirement" (APAM). (2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable/ base/neutral extractable, and acid extractable fractions (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule"). H. Color Monitoring Within 120 days of the effective date of this permit, the City of Shelby shall begin monitoring for color at the Effluent, Upstream 50 feet, and Downstream 50 feet, and shall also monitor for color with one sample of effluent diluted with upstream water at a concentration replicating 7Q10 conditions. All samples shall be grab samples. Analysis shall be performed in the field using the glass disks field method (Standard Methods - 204A). Analyze samples as follows: (a) Using the platinum -cobalt method, and, (b) Using a narrow -band scanning spectrophotometer to produce a COMPLETE spectral curve of the visible spectrum (350 - 750 nm). Calculate and report results in ADMI color units from the information indicated. Samples should be taken free from turbidity (True Color) and at natural pH. Samples shall be collected on Mondays, Wednesdays, and Fridays during the Sommer months (April - October), and shall be collected on Wednesdays during the Winter months (November - March). The permit holder shall submit annual reports summarizing the available color monitoring information. Include factors which may have had an impact on the levels of color in the effluent and receiving stream, including but not limited to, rainfall, streamflow, production plant operations, and treatment plant operations. The report shall be submitted to the Water Quality Section Chief no later than February 15th of each year. 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. s► ' �v ,.swr4 N. C. DEPT. of NATTIRAI. RESOURCES AND CoMAMNITP IDEVELOPAII-NI ON 2 8 1991 State of North Carolina Department of Environment, Health and Natural ResC1i11P66SOF HIVIPV11,1ENTAL C1A;I�GC6f Division of Environmental Management MOORESVILLE REGIONAL OFFICE 512 North Salisbury Street • Raleigh, North Carolina 27626-0535T_ James G. Martin, Governor William W. Cobey, Jr., Secretary October 24, 1991 Mr. David Wilkison, City Manager City of Shelby Box 207 Shelby, North Carolina 28150 George T. Everett, Ph.D. Director Subject: Permit No. NCO024538 Authorization to Construct City of Shelby Wastewater Treatment Facility Cleveland County Dear Mr. Wilkison: A letter of request for an Authorization to Construct was received September 18, 1991 by the 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 26 foot diameter 40,000 gallon gravity sludge thickener with all associated piping, valves, control systems, and appurtenances with discharge of treated wastewater into the First Broad River, classified Class "C" waters. This Authorization to Construct is issued in accordance with Part Ell paragraph C of NPDES Permit No. NCO024538 issued August 3, 1988, 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 North Carolina Division of Environmental Management. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Pelmittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, phone no. 704/ 663-1699, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in -place 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. Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer 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 the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to the classification assigned to the wastewater treatment facilities by the Certification Commission. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management 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. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. John Seymour, telephone number 919/733-5083. cc: Facilities Assessment Unit McGill Associates, PA Permit No. NC0024538 Authorization to Construct October 24, 1991 Engineers 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 project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No. li1�J01W ��DaStl 311W Z t :31V3S wmn* uuwwwm� -4 d of Hit mi Will vd, so r tut Ask 4o 90 atts, Co- A, 91 JLSVJR avol Its, Utz RD _NY [riff, is - Ctrs riix it 1. 'Its let, Is OI fpwL dod A 191-IS q no so on wo OM so pp-pppp, Permit No. NCO024538 k 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 N• C. DEPT. OF NATUX4L RESCUPCE'S AND is hereby authorized to discharge wastewater from a facility located at COMr,<UA'jT-Y=3EV1';ZO 19q NT Broad River Wastewater Treatment Plant off of NC Highway 18 c' ; y ��.� southwest of Shelby Cleveland County D1VISfofd QE a s EJI;.Oi„e,►„t tfi�:W,�GE&9EPdT Prfi11?,�E�1�1EEF �Frl�ldllt QFF1�,� �, 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, H, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on December 31, 1993 Signed this day George T. Everett, 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 the existing 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 afthe location specified on the attached map into the First Broad River which is classified Class C waters in the Broad River Basin. 4,654 , 35' '47 148 ;. (SHELBY 1:62 500) 150 32'30" 151 \, __ I i '\ � 1- i �'�f f` �-r• z _ � __ _ �'' i r f \ .. _�. �, - 1 .• .( I105� i y- _ A l i 7\\ r �•.. Cam' '' \ \�. - :=' ourse ^�) \v BIA ./'r ti`• _.rI v '\ 1�766'776 '..�. , ' IT ,.Sew '� �`l• '\ -`�\4 l .�'L-- .Di' 1,, 1^�f1 �'trial Waste tiU A. /.-\ !lam ` ) -, 1 \\ :` LJ � , iet / . � � { ` � r! / �1 `11• �� 113 4129 �1 776 - 78E %$6 a Sh al 7"1�' I l - .�` 1 .�: B00 - \ • .a 76/ , _ ek - �\. Iry l � -1 'r - i f \ ••1 ` I r _ _ t�., ._ t. _ r� - - / Yi ? J J J . 834 1 _� 30 \\'Boo - li 't. 1(2220)I \ o q Missift 'f j 83�, o n $r�Oth' .vcland,. / �• r, ��____-� �� �\` cr��c_e z,. a- . - .e . t{ C€r�.- astis;�-�".,�^: •r:X>.� ._ ... , ,--. .- ' .. - � - - � � .. . . A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning on the effective date of the permit and lasting until expiration, the Perinittee 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 — and Discharge Limitations Monthly Avg. Weekly Avg. 6.0 MGD 30.0 mg/I 45.0 mg/I 30.0 mg/I 45.0 mg/I 200.0 /100 ml 400.0 /100 ml Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type 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 above the discharge, D - Downstream (1) just above Stony Shoals Dam, 121 b , C&'G G' (� ampres 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. ** See Part III, Condition G. ***** 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. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO024538 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Pollutant Analysis*'** Conductivity Cadmium Chromium Nickel Cyanide Copper Lead Zinc Silver Color Discharge Limitations Monitoring Requirements Units (specifx) Measurement Sample *Sample Monthly Avg_ Weekly Avg_ Daily Max Frequency Type Location Annually E * Grab U, D 17.0 u g/ I Weekly Composite E 426.0 ug/I Weekly Composite E 750.0 ug/I Weekly Composite E 43.0 ug/I Weekly Grab E Monthly Composite E Monthly Composite E Monthly Composite E Monthly Composite E Part III Permit No. NC0024538 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 TGP313. 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. Pollutant Analysis Condition The permittee shall conduct a test for pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCB's (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo, to be provided to all discharges affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis Monitoring Requirement" (APAM). (2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable base/neutral extractable, and acid extractable fractions (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule"). H. Color Monitoring Within 120 days of the effective date of this permit, the City of Shelby shall begin monitoring for color at the Effluent, Upstream 50 feet, and Downstream 50 feet, and shall also monitor for color with one sample of effluent diluted with upstream water at a concentration replicating 7Q10 conditions. All samples shall be grab samples. Analysis shall be performed in the field using the glass disks field method (Standard Methods - 204A). Analyze samples as follows: (a) Using the platinum -cobalt method, and, (b) Using a narrow -band scanning spectrophotometer to produce a COMPLETE spectral curve of the visible spectrum (350 - 750 nm). -Calculate and report results in ADMI color units from the information indicated. Samples should be taken free from turbidity (True Color) and at natural pH. Samples shall be collected on Mondays, Wednesdays, and Fridays during the Summer months (April - October), and shall be collected on Wednesdays during the Winter months (November - March). The permit holder shall submit annual reports summarizing the available color monitoring information. Include factors which may have had an impact on the levels of color in the effluent and receiving stream, including but not limited to, rainfall, streamflow, production plant operations, and treatment plant operations. The report shall be submitted to the Water Quality Section Chief no later than February 15th of each year. Permit No. NC0004120 iz STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELI M INATION 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, Cleveland Mills Company is hereby authorized to discharge wastewater from a facility located at 101 West Main Street Lawndale Cleveland County X C. DEPar. or Xj RESG IRcLs A,Nn S.O1VtTrq � i = 1Dj':Y-iiiiP'1R r.•��. q q 1 i99dq to receiving waters designated as the First Broad Riverin the Broad RMw1 R;sin!., " 1�.�€ 11�vlJ,�A1 Q€flCg in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on June 30, 1993 Signed this day George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0004120 SUPPLEMENT TO PERMIT COVER SHEET Cleveland Mills Company is hereby authorized to: Continue to operate the existing 0.6 MGD wastewater treatment facility consisting of an influent catch basin with rough screening, a 2.0 million gallon capacity flow equalization basin with three (3) floating surface aerators, a 1.0 million gallon capacity unlined aeration basin with four (4) aerators, three (3) secondary clarifiers, a duplex sludge return lift station, a sludge return pump, a chlorine contact chamber (not in operation), effluent flow measurement with recorder, and ten (10) sludge drying beds located at 101 West Main Street, Lawndale, Cleveland County (See Part III of this Permit), and 2. After receiving an Authorization to Construct from the Division of Environmental Management, construct additional facilities for a total flow of 0.78 MGD, and 3 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. 1005 L.F. .i/ �.•'�:. ••.�•': d1... Ii• \Q If \ `� �_/._ ISO-' �•i ,�Sc Ce iv \I801; klW)r ' �. ;�\ 11 yess ^ v ot cem i/_j• sMesh, Double Shoals ` r _. '48 rs=_tBYI^'= ""' 32'30" '51 '52 SCALS 1:24 000 µi 0 _'.'!LE 1000 0 1000 __2D;L_ i700 4000 5000 6001- 7000 FEET 1 .5 D r, _:hIETER / CONTOUR It`.-ERVAL 20 FEET "ATIONAL GEODETIC RTICAL DATUM OF 1929 ;y�IIES /V f OIiO11_IV THIS h' COMPLIES': IiH N`- ;INAL MAP ACCURAC`•' STAND -=,DS FOR SAL:-: BY U. S. GEOLOGIC- SURVEY. RESTON. VIRGINIA 22092 A FOLDER DESG,iBING TOPOGRAPHIC tt=?S AND SYMBOLS IS AVAILABLE _-N R=QUEST F ,-7 N)E A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0004120 During the period beginning on the effective date of the permit and lasting until expansion or 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 Characteristic's Flow BOD, 5 Day, 20 °C Dissolved Oxygen TSS Temperature COD Sulfide Phenols Chromium Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Discharge Limitations Monitoring Requirements Lbs/day. Units (specify) Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avg. Daily Max. Frequency Type Location 0.6 MGD Continuous Recorder I or E 195.0 390.0 2/Month Composite E Weekly Grab E,U,D 850.0 1700.0 2/Month Composite E Weekly Grab E,U,D 3120.0 6240.0 Monthly Composite E 7.8 16.0 2/Month Grab . E 3.9 7.8 2/Month Grab E 3.9 7.8 2/Month Composite E Semi-annually Composite E Semi-annually Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream at NC Highway 182, D - Downstream at NCSR 1809 ** Chronic Toxicity (Ceriodaphnia) ChV at 1.8%; March, June, September, and December; See Part III, Condition D. *** See Part III, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the 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. NC0004120 During the period beginning on the effective date of the permit and lasting until expansion or expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Discharge Limitations Lbs/day. Other Units. ispecifyl Mon. Avq. Daily Max Mon. Avq. Daily Max. Chronic Toxicity" Pollutant Analysis — Conductivity Monitoring Requirements Measurement Sample *Sample Frequency Type Location Quarterly Composite E Annually E Weekly Grab U,D A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0004120 During the period beginning upon expansion 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: r, Effluent Characteristics l� Flow BOD, 5 Day, 20 °C Dissolved Oxygen TSS Temperature COD Sulfide Phenols Chromium Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Discharge Limitations Monitoring Requirements Lbs/day, Units (specify) Measurement Sample *Sample Mon. Avq. Daily Max Mon. Avq. Daily Max. Frequency Type Location 0.78 MGD Continuous Recorder I or E 242.7 483.6 2/Month Composite E Weekly Grab E,U,D 1046.6 2091.4 2/Month Composite E Weekly Grab E,U,D 3828.0 7656.0 Monthly Composite E 9.6 19.2 2/Month Grab E 4.8 9.6 2/Month Grab E 4.8 9.6 2/Month Composite E Semi-annually Composite E Semi-annually Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream at NC Highway 182, D - Downstream at NCSR 1809 ** Chronic Toxicity (Ceriodaphnia) ChV at 2.4%; March, June, September and December; See Part III, Condition F. *** See Part III, Condition D. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the 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. NC0004120 During the period beginning upon expansion and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day. Other Units. (specify) Measurement Sample 'Sample Mon. Avg. Daily Max Mon. Avg. Daily Max. t" Frequency Type Location Chronic Toxicity" Quarterly Composite E Pollutant Analysis Annually E Conductivity Weekly Grab U,D Mercury 0.5 ug/I 2/Month Composite E Bis(2-ethylhexyl)phthalate 1.3 mg/1 2/Month Composite E Chloride Monthly Composite E Copper Monthly Composite E Zinc Monthly Composite E Lead Monthly Composite E A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0004120 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 002. Such discharges shall be limited and monitored by the permittee as specified below: 4 Effluent Characteristics 1 l' Flow Temperature Total Residual Chlorine — Discharge Limitations Lbs/day. Units (specify) Mon. Avg. Daily Max Mon. Avg. Daily Max. Monitoring Requirements Measurement Sample *Sample Frequency Type Location Monthly Instantaneous E Monthly Grab E, U, D Monthly Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER. Sample Locations: E - Effluent, U - Upstream, D - Downstream ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 29°C. *** Monitoring requirements only apply if chlorine is added to the cooling water. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0004120 D. Whole Effluent Toxicity Testing Requirement (Quarterly) The effluent discharge shall at no time exhibit 48 hour acute toxicity as lethality in an effluent concentration of 1.8% nor measure a quarterly arithmetic average chronic value less than this same percentage of waste. The chronic value will be determined using the geometric mean of the highest concentration having no statistically detectable impairment of reproduction or survival and the lowest concentration that does have a statistically detectable impairment of reproduction or survival. The presence .of 48 hour acute toxicity will be determined using Fisher's Exact Test at 48 hours from test initiation. Collection methods, exposure regimes, and further statistical methods are defined in: The North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure (July, 1991) or subsequent versions. The permit holder shall perform at a minimum, quarterly monitoring using these procedures 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 March, June, September, and December. 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 measures 48 hour acute toxicity or a chronic value less than that specified above, then multiple concentration testing shall be performed, at a minimum, in each of the following two months. 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 it was performed, using the parameter code THP313 for the Chronic Value and TGA313 for the 48 hour Acute Toxicity measure (Pass/Fail). Additionally, DEM Form AT-3 (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 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. E. Pollutant Analysis Condition The permittee shall conduct a test for pollutants annually at the effluent from the treatment plant The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCB's (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo, to be provided to all discharges affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis Monitoring Requirement" (APAM). (2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable base/neutral extractable, and acid extractable fractions (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule"). F. Whole Effluent Toxicity Testing Requirement (Quarterly) The effluent discharge shall at no time exhibit 48 hour acute toxicity as lethality in an effluent concentration of 2.4% nor measure a quarterly arithmetic average chronic value less than this same percentage of waste. The chronic value will be determined using the geometric mean of the highest concentration having no statistically detectable impairment of reproduction or survival and the lowest concentration that does have a statistically detectable impairment_of reproduction or survival. The presence of 48 hour acute toxicity will be determined using Fisher's Exact Test at 48 hours from test initiation. Collection methods, exposure regimes, and further statistical methods are defined in: The North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure (July, 1991) or subsequent versions. The permit holder shall perform at a minimum, quarterly monitoring using these procedures 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 March, June, September, and December. 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 measures 48 hour acute toxicity or a chronic value less than that specified above, then multiple concentration testing shall be performed, at a minimum, in each of the following two months. 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 it was performed, using the parameter code THP313 for the Chronic Value and TGA313 for the 48 hour Acute Toxicity measure (Pass/Fail). Additionally, DEM Form AT-3 (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 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. Biocide Condition The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. :y �F SyF�� �UPPPPPPr' 53� G' CITY OF S H E L B Y BOX 207 WASHINGTON AT GRAHAM ST. - SHELBY, NORTH CAROLINA 28150 APRIL 23 1991 V i w f Ms. Rosanne Barona Permits and Engineering Division of Environmental Management P.O. Box 27687 Raleigh, \.C. 27611-7687 Dear Ms. Barona, Enclosed are the properly signed pages as per our telephone conversation of April, 24 1991. Sincerely Donald F Rhom Plant Engineer dDjU11 CARJLLAA DEPT. OF ;4A'rUi2AL RESOURCES At4D COMMU,11TY DEVELOPMr-17' ENVIRONMENTAL MANAGEMENT CnMMIssInN row wo�Nc� v:i NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER STANDARD FORM A — MUNICIPAL SECTION L APPLICANT AND FACILITY DESCRIPTION unieu othe►vvlse IPetifieC on this form all item% ate to be completed. If an nun to not appiw-we indicate 'NA' ;.�. ADDITIONAL. INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION SOOKLE;tAS INDICATED. REFER TO BOOKLET BEFORE FILLING OUT THESE ITEMS. Please Print or Type I. Lagal Name of Applicant (see Instructions) 2. Malting Address of Applicant (see instruct.ons) Number L Street City State ZIP Code ]. Applicant's Authorized Agent (See rnslruci,ons) Name and Tite Number L Street City State Zoo Code Teievhc ne e. Previous Application If a previous ao Pl.cation for a per• Mot under Ine National Pollulan: Dlsenarge Elimination System hat been made, give the Cate of application. 101 107a 107a 10le 103d lose 11131 104 City df Shelby APP PZ Joni ,.. Orr) P.O. BOX 207 Shelby, No'rrh Carolina 4 -_ 9 R 1 r%n C'n. a A. 48A_6R4n Ate Number Code 89 11 10 vR MO DAY i Certify that i am familiar with the Information contained In this application Intl that to the Mat of my knoeeleON and MIME such Information Is true. Complete. and accurate. v 6 d m _ 0, 1 i_ 5'0n c. � 1� e.Vn C, eke ,,- _ loge Printed Name of Person Signing Title sole rA MO OAV Slghatu►• Of ADDltcant or Aufhor�ze0 Agant Do" ANileation Signed North Carolina General Statute 143-215.6(b)(2) Provides that: Any person who knowingly makes; any :Ilse statement representation, or certification in any application, record, report, plan. cr other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, to mMs arith,, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or requ:.atioits.of the Environmental Management Commission implementing that Article, shall'be guilty or a misdemeanor punishable by a fine no: to exceed S110,000, 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 iWrisonment not more than 5 years, or both, for a similar offense.) z-1 p&M d N OND SOA a -Ai ❑ d"Q Alld❑ O11dQ] ?!n Aow70v 1604 not.I N/11 1161111 ow► Igil► out pug o"1 41181 '710 'spuod gu10104 'suooggl uio/1 USASMS -11p wuoffof /o 1dflgdA4'sMoll JOAO sMnu11uo3wu /o Iuf111W/olul Spnlz 'ul low oQ 'Afp /dd su01116 u011llua ul A+p Ali oWnMA o"JOAR 91"1111M 'MONO NIIONIfa 004660 4249 01 IfOI So pSilg43flp M1gaA /o glunloA out pug IN"I"Kift:141 ul 000,13 N s"Amnlp to /aqulnu out A117SdS (fuolpfulsul SM) fulnlgA flagrysflq pug A"wp1i1 'sM+eWNO Allllgg/ L 'A11113% IUTAJ63W Out olul -00 Allots "We" 1noA Salo (P") AIhIO1/ gl Molr All•0 OGSSOAV 'ts 'AIIHNI 1noA u1o/l 11,1047619 041 to lualuladll /01 $1416 •uodN1 AISIgWllln 4 pug ISAld* +1 4714M �lucid Lusullfgll *Isom) A1111k) &US to auJfu 041 #Ala Aag4at10 "AlaSS11 4214AA 141116301 •3 OP03 do Slfls A&I3 &+ails 7 1agu+nN su1fN a41f43110 Su1AMOON uollfiluf40 alalsuodsSll V •( u1Sll of AI17S11p 06 'ou /1 'L tuall 411M anulluoa pug wall q41 to Isf1 but fla1du103 -mA 11 •uo11f21ufg10 0101suods 41 /aulouf lapun uNls1(f 11od •luUl #lam ISO171unLu f olul 14 ag/fu7:}p 1noA to lied 11 01671pul 'f (suol17n1&sul was) 41111264 tfdlalunpa /MIIOur 01 11114843110 alets AlunO:) A110 lMUS 11fgulnN :u011f701 1agwnN lollu0:) A/oluSAul WS) OAlg pug A111176/ Iflfpdi f 11 4701g 43042 •(f11A11d Put 711gnd 4106 10 fifAlad '7114111d) al4uwMp suit" •1n770 1111A /0 (s)1n77o AIIuMHd (1180/f4711P 01f40A A1111W1 bullglfdo 16410 10 lucid out .0 u0(II301 Ica -IsA110 pug 'd14S19um0 'Su1fu 841 SAID (suo117nnsul aril Al11N0i g g P To: Permits and Engineering Unit Water Quality Section Date: May 17, 1991 NPDES STAFF REPORT AND RECOMMENDATIONS County: Cleveland NPDES Permit No.: NCO024538 MRO No.: 91-95 PART I - GENERAL INFORMATION 1. Facility and Address: Broad River Wastewater Treatment Plant City of Shelby P. O. Box 207 Shelby, NC 28150 2. Date of Investigation: May 8, 1991 3. Report Prepared By: Allen Hardy, Environmental Engineer I 4. Person Contacted and Telephone Number: Ron Mode, ORC, (704)484-6850 5. Directions to Site: Travel Hwy. 18>< out of Shelby to the second intersection with Old Gaffney Road. Turn right at this intersection and the plant will be at the end of this 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. Size (land available for expansion and upgrading): There is ample area available for expansion and upgrading. 8. Topography (relationship to flood plain included): The topography is gently rolling with slopes of 3-10%. The plant is not in the flood plain. 9. Location of Nearest Dwelling: The nearest dwelling is greater than 500 feet from the discharge and plant location. 3 o1 Page Two 10. Receiving Stream or Affected Surface Waters: First Broad River a. Classification: G b. River Basin and Subbasin No.: Broad 03-08-04 C. Describe receiving stream features and pertinent downstream uses: The receiving stream is the First Broad River which contains an excellent flow at all times. There are no known discharges into the receiving stream between the plant's discharge and the Broad.River. The pertinent uses are those typical of a rural, agricultural area. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 68% Domestic 32% Industrial a. Volume of Wastewater: 6.0 MGD (Design Capacity) b. Types and quantities of industrial wastewater: The municipality has averaged approximately 3.82 MGD of total wasteflow for the past year. Thirty-two (32%) percent or 1.44 MGD of that is industrial wastewater. c., Prevalent toxic constituents in wastewater: The past five quarterly chronic toxicity tests performed by the municipality have passed. d. Pretreatment Program (POTWs only): Approved 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): The existing treatment consists 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) . Qa� 5. Sludge Handling and Disposal Scheme: Sludge is presently being disposed at a private landfill operated by Cleveland Container Company (Permit No. 23-02 issued by the Division of Health Services). 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Class IV 7. SIC Code(s): 4952 Wastewater Code(s): Primary: 01 Secondary: f Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: No 3. Additional effluent limits requests: The facility is presently operating under the constraints of JOC NO. 89-01. 4. Air Quality and/or Groundwater concerns or hazardous waste . utilized at this facility that may impact water quality, air quality or groundwater? No air or groundwater quality concerns are expected from this project, nor is hazardous waste utilized at this facility. 5. Other: No PART IV - EVALUATION AND RECOMMENDATIONS The applicant, City of Shelby, is requesting renewal of its permit for the Broad River Wastewater Treatment Plant which allows the discharge of treated wastewater produced by the City. The City is currently operating under the constraints of JOC No. 89-01 because of inabilities to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), and fecal coliform. The plant appeared to be operated and maintained properly. The color in the process units and effluent was blackish due to textile dye waste. The dye waste color was prominent on the discharge side of the receiving stream. It is recommended that the permit be renewed to reflect whatever monitoring is deemed necessary. W- "e2s-:� " �5 qr Signature of Report Prepn er Date /LY Water Quality gional Supervisor Date WAH/bb v-oc ,A, WWTP C141 6- I 1,--, 4 14 C 4Do Z4S Y6 4654 1 35' 147 I 448 SHEc By 6 ml�(SHELBY 62500) 7oo it -'Tt 32'30" 451 1106 o nurse 56� C) 60— s I- /') n tri� a �c� 800 0 0 ou Nj '•�'Jo /� C, /�' a �i,/ �� I �___ �� �_!\ •� 1� /' / \)� 1 i� cF�1 �'��{ I i/; �)[�- ��1-$�"¢'!2 Oo 1900 (ijb7 v / /; C 1129 2�76 86 J, t a 1 (ICO V, p -'6 GO N, IL o Ch� 834 k (180y/ v 6. v 825 1130 (2220 c N �\L Solth ve a 4, 39 d missidn 150 D EtV ED R, Water Q"131ity Section 9� APR i9 ! 1�� State of North Carolina Asheville Regional Oifi-e Department of Environment, Health, and Natural Resourc gl'��"lle' l'iorth Carolina Division of Environmental Management 512 North Salisbury Street a Raleigh, North Carolina 27611, James G. Martin, Govemor Wiliam W. Cobey, Jr., Secretary Mr. Donald F. Rhom City of Shelby PO BOX 207 Shelby, NC 28150 Dear Mr. Rhom : -,,Cox pp Y �r 4Arb ,,Subject George T. Everett, Ph.D. Director NPDES Permit Application ,b/Dlsfa " 1991 NPDES Permit No . NC0024538 h%7. OF F,riUrnn, Broad River WWTP '•�C if[('����� ry®� ���f�f Cleveland v This is to acknowledge receipt of t� ,-following documents Application Form County on April 15, 1991: I Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $300.00, Other The items checked below are needed before review can begin: Application Form , Engineering proposal (see attachment), Application Processing Fee of , Delegation of Authority (see attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Rosanne Barona (919/733--5083) of our Permits Unit for review. You will e advised ot any comments recommendations, questions or.other information necessary for the review of the application. I am, by copy of this letter, re�questir]g that our Regional Office Supervisor prepare a staff -report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, i. 01�0 �I M. Dale Overcash, P.E. CC:_Asheville Regional Office Pollution Prevention Pars P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 00i<i11 CAROLIriA DIrPT. OF IgATUi2AL, RESOURCES AAD COMMUNITY DEVELOPMMIT ENVIRONMENTAL MANAGEMENT COMMISSION / PORAGENCvuSE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER 5 -I I I I I I M STANDARD FORM A — MUNICIPAL I J� Chi Wo • 0 3//zSr" .g ,300•o a SECTION L APPLICANT AND FACILITY DESCRIPTION Unless Otherwise specified on this form all items are to be Completed. If an Item is not appiieame Indicate'NA.' - E�� ` Z- r1i S �1 ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION sOOKLE,T;,-1NDICAJEd. IIEJhE;R TO BOOKLET BEFORE FILLING OUT THESE ITEMS. 1. Legal Name of Applicant is" Instructions) 2. Mailing Address of Applicant (see Instructions) Number IL Street City Slate zip Cope 7. Applicant's Authorized Agent (see instructions) Name and Titie Number 6 S!reel City State Zip Code Telephone a. Previous Application It a previous application for a per. mIt urider the Natronai Pollutan! Discharge Elimination System has been made. give the cafe of application. 101 I 102a i' lOtb i 102C I 1020 102a I I I 103b 102e 103d Please Printor Type APR 3 1991 City of Shelby P_n_ Rnw 71717 Shp ham, APR 15 1qq� 28150 �� 64 _ !7lNrFRlrur, /sR L_h R Ln A►aa Number Code 89 11 10 YR MO DAY I certify that I am familiar wfth the Information contained In this application and that to the bat of my knowledge and belief auCh information is true. complete. and accurate. Printed Name of Person Signing v . , %--.i01i.1y- ",d Slgnafure of AD0l,cant of Authorized AOent 10li Plant Engineer Title 1L .3 6 10tf YR MO DAY Date Application Signed North Carolina general Statute 143-215.6(b)(2) provides that: Any person who knowingly Makes any fr31se statement representation, or certification in any application, record, report, plan, c;r other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regu:.ations.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.) Z-I pf111 11ti•Ml N fMf Hit NDf P"s "il l"o. esii a"g OND SSA O flit lfa& 01176TMil a3! ❑ dh p Amd p endJ3 wit Mil 498i �fn A3mllov rod '310 'lpuod s1JIPlo4 'luooftl utoJl SeftS43 41p Ituosm IO sealed Aa 'SMd1/JDAO lnonu11uo3U0u ,O tuetllwJNut Santa •ul IOU o® 'Asa JSd SU011ti U011llw ul Atp sM swnpA aftjoM e1"MW3 •M01e4 11640"is3 *MI 60 wave 01 1101 10 p4fJt43 Ip Aj@AD to ownloA a41 putuo111131tddV 1141 ul PO4U=W SSiga4rilp to Je4wnu S41 A/1306S (guolpm1tul 00) swnIOA tfasll "13 pug Jt,ule" 'Nf1t4'11® All"8119 L 'A111130S GUWe3W e41 olul M10111 At" o" Ae ,nOA SAID 10"I A111130/ 01 molj AIItC tft "V 'P •AIIII391 ,noA utOul s AU=lp owl 10 Iuolu19904 JOI• Mats •uodSSJ Algswllln St pus JUAIS3 AJ 4314M I1u91d WOUJIt" "S") AlIlIM& 641 10 OUJeu O41 RAID 8Ms4S110 2aAIpsV 43!4M 41111351 .3 SPO3 d12 Diets A I!7 tosAIS 4 iaOwnN aweN "jW42l!Q GOIAH3e11 uolltllussJO a1s11SuodleY '4 'L well of A113SAIP 06 bu /l 'L well 411- snultuo3 Pus Moll 1141 to Iset sut etMdwo3 YSA 11 'uolte>'IumWo S1a11UOd1 it ,a4loue I*pun wS1sAl tJOd .Suslt ojWA% Itonlunw a olul 11 SS,WLI3l!p JnoA /o lied if e1031PUI 'S (Suo113nJ1su1 sal) A111132d Ied131unM1 JWlouv at SIUE43110 's a1e18 AlunO, Ail3 146JtS • jeawnN : u O! it30, ,a0u1nN IoJluo3 AJOIUOAUI VSt) SAI® Pus A1111351 19JOPOA t If N3ola M3e47 '(D1sMJd Put 3114nd 4106 Jo S1eAIAd '3114nd) d14SJOUMMp sw"4 lm3o IIIM ,o (t)Jn33o AnuDSSJd (1 106Jw3s!P a,wM Aui13t1 8ulive" Jw10 10 lucid Sul 'o u0119301 It3 !SA40 pue 'd14SIwM0 'aww 441 0A11) (suo!l3nJltu! aal) A111132al 'f To: Surface Water Surface Impoundment with no Effluent Underground Percolation Well (Injection) Other Total Item 7 If 'Other' Is specified, describe 107al 10761 107e1 111111711111 10701 lo711 107gt If any Of the discharges from this facility are Intermittent, such as from overflow or bypass points, or are leaso"I or periodic from lagoons, holding ponds, etc., Complete Item a. a. Intermittent Discharges a. faclllty bypass points Indicate the number of bypass loss points for the facility that are discharge points.(see Instructions) b. facility Overflow Points Indicate the number of overflow tall points to a surface water tot the facility (see instructions). c. Seasonal or Periodic Discharge Points Indicate the number of lose points where seasonal discharges i occur from holding ponds, lagoons, etc. 1. Collection System Type Indicate the type and length (In lots 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 on: Combined Sewer Systems lab Length 10. MublclPetltles or Ann Served Is" Instructions) Total Population Served Number of Total Volume Dllcherged, Discharge Points Million dallons0e► Day 4 _ n' vetfea S♦N� A� �M 1 4.0 1 ] SST pI SAN ] CSS ] 8SC ]SS�C30 Miles Name City of Shelby, N.C. ter to Gam{ h� FOR AGENCY US Aeluel POpulatlOn SMvad 20,000 20.060 1-3 Pon AOILncV USE 11. Avers" Dalty Industrial Flow 1.3 mpd Total estimated average daily -sate yia flow from all Industrial source& (rote: All major Industries (as defined in Section IV) dlschatginq to the municipal system must be listed in Section IV. 12. Permlts, Licenses and Applications List all existlna. oandino or denied permits, licenses and appllutlons related to dlscha►pas from this fatlllty.(no Instructions) 2. 7. Issuing Agency For Agency Uso Type of Permit or License ID Number Date Filed V R A Date Date Issued Denied V R O V R/lili A Explrst,o� Date V RIMO/DA !al O) IC? r 7 ) NCDE HNR 10 31 91 13. Maps and Drawings Attach all required maps and drawings to the back of this application. (see Instructions) 1e. Additional Information 914 STANDARD FORM A —MUNICIPAL PON AGENCY USE SECTION H. BASIC DISCHARGE DESCRIPTION i-1 I I I I I COrtipiele this $action for each present or proposed O.sCharge Indicated In Section 1. Items 7 and g. that 1110 Surface waters. This Includes discharges to other municipal sewerage systems In which tie waste water does not go through a treatment works prior to being discharged to surface waters. Discharges to wells must be described where there are also diaCKWVM 10 surface waters from this facility, separate Mser1011ena of each discharge art rteulree even If several diteMM" "OHM IN the MIM tssNNy. All values for an existing discharge Mould be representative of the twelve previous months of operation. If this Is Is PrODOMd discharge. values Should reflect Nat anglnestring estimates. ADDITIONAL. INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER 10 BOOKLET BEFORE FILLING OUT THESE ITEMS. 1. Discharge Serial NO. and Name a. Discharge Serial No. I !!fU 001 (Me instructions) b. Discharge Name tglb Rrnnd Riiror Di ecrrhargP Give name of discharge, If any (see Instruction%) C. Previous Discharge Serial No tote If a previous NPOES permit application was made for this all- ' Charge (Item a, Section 1) provide Previous discharge style number. 2. Discharge operating Date% a. Discharge tc !Begin Date tots If the discharge has neve• occurred b.,i is planned for some i future date, give the date the discharge will begin. b. Discharge to Eno Dale II the Ols'. i taab Charge is %cheduleC 13 be ai%corf- trnued wlth,n the next 5 years, give the dale Iwithin test estimate) the discharge wn: end Glve rea- son for discontinuing lith discharge in Item 17. 1 ]. Discharge Location Name the political boundaries within which the point or discharge is located State "So County kite (if appireable, City or Town trite a. Discharge Point OMtrf 011en (see instructions) Discharge is Intu ICnecir one) Stream (includes ditches, arroyos, !�M and other watercourses) Estuary Law# Olean Well (injection) Other If *other' is Checked, specify typed S. Discharge Point — Lat/Long. State the precise location of the Point Of discharge to the nearest second. Isse instructions)' Latitude Me Longitude MIS N /A vR MO _N/A VR MO AA ne-g = Nnrth Carnlina > _ Clevolzt A �Ma Shelby aw 13 ST R ❑ EST ❑ LKE ❑ OCE ❑ WEL ❑ OTH 35 DEG. 13 MIN. 0 SEC 81 DEG. 35 MIN. L SEC Tills section contains 8 Pe08, 13 i. Discharge Receiving Water Naar Name the waterway at the point of dlscnarge.(s" Instructions) 01116e DISCHARGE SERIAL NUMBER FOR AGENCY USE First Broad River For Agency Use For Agency Use mew SO se 11 the discharge is through an out• S�tBB fall that extends beyond the shoreline' or Is below the mean low water tine, complete item 7. 7. Offshore Discharge N / A a. Discharge Distance from Shore Bile feet b. Discharge Depth below water N / A Surface 08711 feet if discharge is from a bypass or an overflow point or 11 a seasonal dlsCharge from a lagoon, holding pond, etC.. Complete Item$ 0.9 or 10, as applicable, and continue with item 11. a. Bypass Discharge (see Instructions) a. Bypass Occurrence Check wher bypass Occurs Wet weather 2Ne1 1 ❑ Yes (& No Dry weather BStliat I ❑ Yes ® No Is. Bypass Frequency Give the actual or approximate number of bypass Incident$ per year. wet Weather 21111111111 0 times per Year Dry weather C. Bypass Duration Give the ave►aga bypass duration In hours. Wet weather Dry weather d. Bypass Volume Give Ins average volume per bypass Incident, In thousand gallons. Wen weather Dry weather i. Bypass Ressons Give reasons why bypass occurs. Proceed to Item 11. a. Overflow Discharge (ass Instructions) a. Overflow OeeurNfles Chock when overflow occurs. Wet weather Dry weather b. Overflow Frequency Give the actual or approximate InCidontf 9W Year. Wet weather Dry weather BMal StIBaB 900411 sum NOW 0 tlm" per Year N/A hours N/Ahours N/A thousand gallon& fan► IMIAent N/A thoullnd 20110M PW IMkMnt N/A SitN1 ❑ Yes ❑ No a/MBs ❑ Yes 3 No N/A times por year N/A times per year C. Overflow Duration Give the average overflow duration In flours. Wet weather Dry weather d. Overflow Volume Give the average volume par overflow IltCldent In thousand gallons. Wet weather Dry weather Proceed to Item l l 10. Sasso nalM@rlodlc Discharges a. Seasons l/perlodic Discharge Frequency It discharge Is Intern mlttent from a holding pond. lagoon, etc., give the actual or approximate number of times this discharge occurs per year. b. Seasonal/porledlc Discharge Volume Give the average volume per discharge occurrence In thousand gallons. C. Seasonal/Perlodic Discharge Duration Give the average ours. lion Of each discharge occurrence In days. d. Seasonal/Parlodic Discharge Occurrence —Months Check the months during the year when the discharge normally Occurs. 11. Discharge Treatment A. Dlscharle Treatment Description Diatribe waste abatement prac- tices used on this discharge with a brief narrative, (Sae Instruc. tions ) DISCHARGE SERIAL NUMIKR awl IAhours I� I Its" s>aa N/A thousand pllons Per InCJdsnt NIA thousand galloM per I11C1®gnt N/A times per yew N/A thousand WlorM par dlKha►ge OCCUrrenCq N/A days MAN ❑FEB ❑MAR ❑APR []MAY OJUN ❑JUL ❑ AUO QSEP ❑CCT ❑NOV ODIC ll-3 DISCHARGE SERIAL NUM/ER Is. Discharge Treatment Codes Using the Codes listed in Table I f11� of the Instruction Booklet, describe the west* abatement processes applied to this dls- Charge in the order in which they occur, If Poll Separate all codes with COMMOS OXCept where *lashes are used Its designate parallel operations. If this discharge Is from IS municipal waste treatment plant (not an overflow or bypass). Complete Items 12 and 13 12. Plant Design and Operation Manual$ Check wh.Ch of the following are Currently avall&ble a. Engineering Design Report flfg b. Operation and Maintenance Manual flab 13. Plant Design Dal& (see Instructions) a. Plant Design Flow ( mod ) also b. Plant Design 800 Removal 1%) flit c. Plant Deslgn N Removal (S.) 2128 d. Plant Design P Removal (16) 311111 S. Plant Design SS Removal 1%) file f. ►lent Began Operation (year) 213,1 g. plant Last Major Revision (year) Islas S, G, C, Ft, N, 6 tried X UNK 90 x 1967 N/A PON AGENCY USE• 11-4 DISCHARGE SERIAL NUMBER 001 FOR AGENCY USE la. Description of Influent and Effluent (no InrtruCtlone) Influent Effluent Parameter and Code 7 $ $ 214 _> > u a (1) (2) (3) (4) (5) (6) (7) Flow Million gallons per day 50050 4.270 4.270 3.192 5.137 365 I FLOW METE PH Units 7.0 7.2 DAILY 253 G 00400 Temperature (winter) -F 62 60 64 DAILY 57 G i74028 Temperature (summer) vF 79 73 84 DAILY 65 G 74027 Fecal Streptococci Bacteria Number/100 ml 74054 (Provide if available) Fecal Colform Bacteria Number/100 ml 74055 232/ DAILY 253 G (Provide if avai)able) 100 Total Coliform Bactena Number/ 100 ml 74036 X X (Provide if available) ROD 54ay 00310 03 161.5 28.61 19 42 DAILY 253 C Chemical Oxygen Demand (COD) Mel 00340 Qrovide if available) OR ToW Orpnic Cubon (TOC) Mel OO690 (Provide if available) (Either analysis is acceptable) Chlorine -Tool Residual tng/1 50060 •2 •02 .35 DAILY 253 G II-S CISCHAR®E SERIAL NUMBER FOR Ae3aNCr us 00 is Description of Inn went and 199tknot (sea Irrat►uetlons) IC®ntlnued) Influent Effluent Parameter and Code 9 (1) (2) (3) (4) (5) (6) (7) Total Solids mg/I 00300 Total Dissolved Solids mg/I 70300 Total Suspended Solids 24 mgll 134 25.7 20 37 DAILY 253 00530 C Settleable Matter (Residue) mul . 00545 Ammonia (aa N) mg/1 12.27 7.7 16.47 WEEKLY 52 #24 00610 (Provide if available) C Kieldahi Nitrogen Mg/1 00625 (Provide if available) Nitrate (as N) m;/ 1 00620 (?rovi is if available) Nitrite (as N) M111 00615 (Provide if available) Fboephonrs TOW (aa P) ang/l 00665 (Provide if available) Dissolved ®seen (DO) Mg/1 6.97 5.78 8..0 DAILY 253 00300 DISCHARGE SERIAL NUMBER FOR AOENCV Yfa 001 El ta. ANItl.nal Wmt*w@te► Cttar "Its ks Cho& the boa Mat to laeh Nramator N It IS MEMrt In the effluent. (eM IhetrWWON) Parameter E Parameter Prararneter (215) b (215) (215) _ 06 Bromide Cobalt Thallium 71870 01037 01059 Chloride Chromium Titanium 00940 01034 X 01152 Cyanide Copper X Tin 00720 X 01042 01102 Fluoride lion Zinc I 00951 01045 01092 X , Sulfide lead Algicides• 00745 X 01051 X 74051 Aluminum Manganese Chlorinated orpnic compounds' 01105 01055 74052 Antimony Mercury Oil and grease 01097 71900 00550 Arsenic Molybdenum Pesticides" 01002 X 01062 740S3 Beryhium Nickel Phenols 01012 01067 X 32730 X Barium Selenium Surfactants 01007 01147 X 38260 Boron Silver Radioacttrity 01022 01077 X 74050 Cadmium 01027 X *Provide specific compound and/or element in Item 17, if known. Pesticides (InwcWde&, funpcidea and rodenticides) must be reported in txams of the accepbble gmnmon auatasapttMW MAecq*Aie Cow- rnon Nunes mad (Annul Noma /br At lnrrdienr Surefftrnt on Paritride Lstbdi tad Edition. EmiroamaaW hobledw A8111W. W8111 Stop, D.C. 20250. June 1972, as required by Subsection 162.7(b) of the Replatioas for the Enfotosmaat of the FltAatnl lowetkilk, F16116kide, tt116 Rcdehtkke Act. 11.7 td. plemt Controls Check If the follow Ing plant controls are avalNple for tills discharge Alternate power source for major Pumping facility Including thole for collection system lift stations Atarm for parer or oaulprmnt Illllure 17. Additlonei Information m DISCHARGE SERIAL NUMBER ❑ APS 11-8 eU. !. covs;A11"OfT PO VIFTM OIrIC' 1:'7 O • sM•ss7 . .... -_ : FOR ABENCV usa STANDARD FORM A -MUNICIPAL SECTION III. SCHEDULED IMPROVEMENTS AND SCHEDULES OF IMPLEMENTATION This section requires Informatlon on any uncompleted Implementation schedule which has been Imposed for Construction of waste treatment facilities. ReOui►ement Schedules may have been established by local, State,Of Federal agencies or by court action. IF VOU ARE SUBJECT TO SEVERAL DIFFERENT IMPLEMENTATION SCHEDULES, EITHER BECAUSE OF DIFFERENT LEVELS OF AUTHORITv IMPOSING DIFFERENT SCHEDULES (ITEM 101 AND/OR STAGED CONSTRUCTION OF SEPARATE OPERATIONAL UNITS (ITEM 11c), SUBMIT A SEPARATE SECTION eel FOR EACH ONE. 1. Improvements Required a. DISCharge Serial Numbers Affected List the discharge Serial numbers, assigned in Sec. tlon It. that are covered by this Implementation schedule Is. Authority Imposing Raqulnmerll ChWA the appropriate Item Indl. Cating the authority for the Irr► Plementatlon schedule If the Identical Implementation Schad• uIe has been ordered by more than one authority. Check the appropriate Items. (See In. structlons) Locally developed plan Araawids Plan Basin Plan State approved Implementation Schedule Federal approved water quality standards Implementation plan Federal enforcement procedure of action State court order Federal court order FOR AGENCY USE BBB t1�:1M.. .., Soto Mtb L LOC ❑ ARE [� BAS G SOS ❑ WQS ❑ ENF [RCRT FED C. ImPrevIlmOnt DeseriPtiOn Soeclfy the 3-Character code for the General Action Description In Table 11 that bast describes the Improvements requlfod by the Implementation schedule. If more than one schedule applies to the facility because of a staged Con. struction Schedule. State the slege Of construction being described here with the appropriate general action Code. Submel a Separate Section II I for each Stage Of construction planned. Also, list all the 3-Char8cter (Specific Action) Cod" which dascrlba In•mors 411141111111 the pollution abatement practices that the Implementation schedule reoulres. 1Character general action description 111" IAL 3-Character specltic action descriptions >ietd PRI /SEC ImP16msfiUilon 'Soheeulfi ind 3. Actual Compastletr Detes Provide dates imposed by schedule and any actual dates of Comoletion for hnplementetlon slaps listed bat OviI. Indicate Oates as accurately as possible. (see Instructions) Implementation Steps Z. Schedule (Y/ /Mo May) 31 Actual Completion (1Ir /Me /Day) a. Preliminary plan compiete D. Final plan Complete C. Financing Complete i contracts sevarded `r . d. Site acquired a. Begin construction Ufa JZ/ f. Eno constructions g Beglh Discharge h. Operational levef attained b 94-/-/- III-1 rhis section contains f We. GPc. a s.7 C7 17M) D R I V1,-P- .3 35' 147 127 150 32'30" �11,110 151 77E, 76.6 ,u 's, i\ - — .��r rl Sew'Di sal �d L rial W�Ste 9c) /jA%�f., C 7W- 7P r A, 8129 N V. C", \vim ��_ 00 460' Q ,r: O \\\~ __ - . k 00, (J i D29 1130 78( 107 oz XyN N 3 Rch 'Nip -� �-`/ \free \i�=�=== ���� / � � - `\` �� � / eti \ — S,\� \ t ,--- - R > rl-'j �\ / Nv 46 51 '4 1 448 SHELBY 6 All (SHELBY 1:62 500) \'� � 1, ` t\,\\ tia,rS (? -;K, 5 o" C e,m 'o roll AelHev Ulf STANDARD FORM A —MUNICIPAL SECTION IQ. INDUSTRIAL WASTE CONTRIOUT10N TO MUNICIPAL IYSTEM Submit a description of e4th Major Indullrlal facility dltcharllils 10 1119 nlurlfe" systerry steins a ee►ara%4sclldh Iv for owh Iaelllty dvitrm lion. Indicate the 4 dlpll Standard Indutut.r Clelllhcallon (SIC) Code ter IM IMultry. the Mier ►fodvet or raw Molerlal. IM how fin the, -.- sand sallont prlr deyl. and the tnareelerhilcl of the waltewalw discharged Item fM fneuslrlal Iaelflly In1e IM Municipal syllem. Consult : Sole III for standard measures of products or raw rnetsrlsll. INa Inllructlens) I. Wafer Centrlbultnll ►aenuy to" Instructions) Curtiss Wright Name 401a I - -- Humbert SIrMI City County stele 210 Code 2. Primary %tendsrd'InduslOff Classification Code Igee Inslruetlonll f. ►rinelpel Pre4uel of Itsw Material It" InIffuelronl) ►►oduct Raw 60191/rill 4. Plow Indrtale the volume of water 14eharged onto the munlerpel rya lam In thousand Helfer" per day end whether In.$ dlteharge h War- vnlllenl or continuous s. p.etreslment Provided Ind,tele 11 prelr4atmenl is provided offer to enlerrne Ind munlelpel system •. Chereeterfllles of Wastewalar two Imlrucllons) 4M. 4m 4o1e 4sle 4o l 4 4010 dolt 402 fiefs 4ef► 4s4a 4941111 408 201 Old Boiling Springs Road _ Shelby, Cleveland _ North Carolina 28150 3728 3471 3493 3599 unlit Is" 1luanllly Ta61e 1111 Aircraft Acuators am 100 NH eac Alumidum, Bar Stock amp" M>N .006 thousand Wiens tsar fly [] Intermlltent llnl) [ronflnuousIcon I [KVe1 ❑No oerarneler Name BOD TSS 0 & G PH Cd Cr Cu Pat etnel er Numpar 00310 00530 00550 00410 01027 01034 01042 Value 22 m /1 1 9 mg/1 21 mg/1 9.0 .055m /1 .79m /l 08mg/1 01111111114, 44w pe.ameter Name PH N . A .remeler Numper 01051 01067 01077 01092 007ZO va1Oe .11mg/1 .39mg/l .07mg/1 .04mg/1 .03mg/1 . PonAottfcy Ulf 1 STANDARD FORM A —MUNICIPAL SECTION LV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of oath major Indueltlal facility dhfn thargirtl to the rnanldpal eyau, Wing a OWPOIS SWUM IV for Nth ptlllty delttrp lion. Indleeto the. 01911 Standard Industrial Clallifiullon (SIC) Code let IM fndu/iry, "" ttyfer ►roducl or few ftuteflel. IM hew fin Ilrr•..• send 111110nl POW days. and the charatler1111CI Of the *saltwater dlathatpd ffofn the lft*ullflal Iselltly Into the municipal system. Consult ' self Ili for standard measures of products Of low malarUll. 1w Instructions) t. Myer Contributing Facility (we Instructions) Fasco Controls Corp. Name soft I -•— — Number& Street aolb Clly dose County 18141 tuts able !lp Cedf salt S. Primary standard Indutttlal sot Classification Cede Isee Instruttlonsl S. ►►Indpat Product ar 11ew Materiel Is" Initruthonil Product flaw Malorrsi s, slew Ind,talf the volume of water dlitherpd rnto the municipal lyr Ism in thousand Ntlons per day Ind whalhar In,$ ellcherge N fnter- mittent or tonlrnuout a, ►relreelmenl ►revlded Ind,tale It prilNal'menl H ptovldad prior to onlerinu the municipal system �. �M►afurlflltl of Wastewstor Iw tmvvctienf) *oft 4M Y 1100 Airport Road _ Shelby, Cleveland North Carolina 28150 3622 Vnlls fees Ouentlly Table 1111 Electro Mechanical aft else Switches NN Msf 65 thovund gflont per day []Infermltlenf pMIJOCenllnuoutleen) [�vef ❑No me le. flame la Nama BOD TSS PH 0 & G C Cd Cr atemeler Number 00310 00530 00410 00550 00720 01027 01034 Volvo 70mg/ 1 100 mg/1 8.0 51 ing/ 1 .02 mg/ 1 1.0 mg/ 1.10 mg/ 1 Persmet.. Name Cu Pb Ni A 'varlet 01042 01051 01067 01077 01092 Number Va1Oe .60 mg/1 .15 mg/l .10 mg/ .2 mg/ 3.1 mg/1 VAI LO' Tdlu Z• 3w OS' I/$w O£ /$w 0'8 I/dw OS /$OOT t£010 917L00 0£LZ£ 09900 OT+700 0£S00 OT£00 ,eILqWa$w unflo,nfrn v awoigO P?qTnS Touagd S d u..®QOH ,n., ON❑ BOA17 (YOil1110 nullYd7 (� IIYII IYe111WIelY1 Q Asp Best fuollN punnoW £t/T KM /At KM N➢M TE?ia�eyl za�sTou II 111 0149l II�tINnO Nil 111un Ti7ZZ 0- Z PU?TO.IEO q:JT0N —" PuuTanaTO 9T;DgS aaaJIS iaTs?aN to► uor 1 @cot tow list slot Plot, star 4109 a" (NIO1nail1Y1 NM) I4164141,684101 le 1131611&NN/943 '► Wa1lAB 1a4131unW e41 auunue OI Iolld 04910%010 t1 lueWINNA1e/4 11 ►Ifa-pul reelAsy lu.u&les&1644 -11 'tndnulluoa &O Iua111W •&slug 11 r1s4atlp I.. ,641e4M pus Asp &ed suollH punno4l ul ulal 4A1 IedlalunW out Olu, ps{Ia4a/Ip Mom IO Bu,nIOA e41 slfa'pul McIJ '► If11e1a11r Mew I nnooy IsuOUanllsul BM) IUIa1M ..ey ,o lanpold Issg.ullr 't Isuollan/pul Best 6083 uo11f'Blllnel3 110Ilnpul p,epusls A&sWIIr 'j 6903 dl= fins Aluno> A 413 i»,Is 7&sau,n►� -- - STITH 6a-zfm I slot I "U"4 (tuollan111u1 N11 AIIIIHr su1lnGNlue;g Asp" •1 (fuolgn&1WI enl '11a/nsW Ms/ 10 14 1npo1d IO ee&nINW plspulls AQI III BIOc : timL&O, •u&e1fAs IedlalunW e41 GIUI AIIIIaal 141111f1 OM all WO/l pMu4}11p &elaMsllfM e41 IO I21111111a1&142 041 put 'JAep &11d luolleo putt • J41 ul) MQU.41'1N1+nau1 MAPS A0 laApo/d /olaY Ma'A/1/npYl *%I pl spd] I;1ISI uollrallllfNQ 1eg,lsnpul p+epuelS Ilslp t e41 41631pul •u011 durisp Allllaq Yaa1► ql AI ud11N{ NrNfee a •ulsn'umjjgAs ledgilunw o41 01 suldif4nip A1111361 Iq&IIn11ul AOlflr 43b 10 uoI1dWillep a Ilulslnf wum ivaia1Nnw QL NounsiumoO i1sVM iviuisnam 'M N011035 IV413INnw-V wuo;i allVGNVIS Ion A*N70V YOB STANDARD FORM A —MUNICIPAL SECTION W. INDUSTRIAL WASTE CONTRIOUTION TO MUNICIPAL SYSTEM f ®11 AGENCY Vsr 1 J Submit a description of oath maJe/ Industrial facility dischorelne to the menlelpal systern. using a seoe►ete Section IV for sech feelnty desrrip lion. Indicate the 4 digit Standard Industrial Classification (SIC) Code for the Industry. the nWor Freducf at row rnalertel. the flow lin the - sand gallons por day). and the cnarbcteri$lics or the woalewater discharged from the Ihdustrlat feeNlty Into the municipal system. Consult :able 111 for standard measures or produth Or raw motorists. (sae Instructions) 1• IkWor Contributing Facility (ate Instructions) Name 4ols Sopeland Corporation NumberL Street City County state Zip Code t. Primary Standard Industrial Classification Code (fee instructions) !. ►rinelesl Product or now Material (see instructions) product flew Material 4. Flew tndrcele the volume of water discharged into the municipal sys. tom In thcutond gallons per day Ind whOthar this discharge Is Inter• frilttenl of continuous. II. ttietfoolment ►rovlese Indicate If pretreatment is orovlOed prior to entarrne the municipal system 4. Cha►oetertslles of Wastewater (tee Instruction$) 4111169 4041111, 4011 402 403a 407b 4042 404e 406 4401 East Dixon Boulevard Shelby Cleveland _ North Carolina 28150 3698 Units (see Quantity Tame III) Refrigeration Compressors and! Msf 32 thousand "tions pe► day ❑ Intermittent lint) [3COAllnueua(eon) [}yes []No p•'•n'•'•' TSS Namt 0 & C Pll ammeter Numpov 00310 00530 00550 00410 Yalu' 1 155mg/ 1 100mg/ 40mg/ 1 8.0 W-1 7Ale seel(on eantalns 1 pep. POR AO[NCr Ulf I STANDARD FORM A -MUNICIPAL SECTION 17. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL lYSTFM Submit a description of each moor Industrial Ueility dlatnar"Ing to the muMclMl.ylaMn. tghr" a Mgweta 5e1ttlen IV for each facility daarnp lion. Indicate the a dlgll Standard Industrial Classification (SIC) Coda for the Industry. the Mlyor product and few rMforlal. the flow fin thr -, tend "ationt pirr dayl. and the enaraetarilties Of the wastewater discharged from the Industrlel facility Into the Municipal system. Consult : lbte Ill for standard measures of products Of raw maletlsll. IMe tnstrucllens) I• Gaye. Contributing Facility Is" Inatruetionsl Name dote mPtalcAMRRICA Number& Street City County state Zip Code g. Primary standard Industrial Classification Cede (tee Instructions) 3. ►rtnelpal ►reauct or Raw Material isae Instructions) Product Now Material 4. ►Lew Indicate the volume of water di/Charted into Inc munleipel lys- lem In thousand "lion$ per day and whether ihil dileh•Ige Is Inter. mlttant of Continuous. S. Pretreatment Provided Indicate It pretreatment is Drevlded Arlo► 10 entering the mumelpel system f. CM.eeNrfrtlel of wastewater (a" Instructions) lot 4031 4t» 499 Old Boiling Springs Road Shelby Cleveland North Carolina 28150 5050, 5051, 5038, 5023, 2819 Quantity Copper sufate N„ Nickel Sulfate Nickel Sulfamate N„ 65 thousand aliens par day 1] Intermittent lint) (]CMtinuoustcon) 13 Val ❑NO Units It" Table 111) oerameter Name BODTSS PH 0 & G C y r e.emeu. Number 00310 00530 00410 00550 00720 01027 34 010 alue 75mg/1 100mg/1 7.2 57mg/1 'e.Olmg __.10 mg/ .06mg/1 •Na atM perameler Name Cu Pb Hi Ag Ah a'er"1e1 01067 Number Value .12m 1 f®11 A®[NCv Ulf STANDARD FORM A -MUNICIPAL SECTION LQ. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL IYSTFM Submit a deserlpllon of each ma)o► Industrial 1110111y dlaehar'lry 10 the murACtW System, wiling a Sopa►ab {Kelp" Its for each laelllly doWlrp tlon. Indicate the a 01011 Standard Industrial CIalsifitallon (SIC) Code for the InNullry, the malor product M raw enolerlel. the flow lin thn..- Send sibilant pnr City). and the ehorbclerMllCa at the wastewater dlacharlfed from the IMlostrlal lae Mlty Into the munlelpal system. Consult : sal. Ili for Standard measures of products or ►ew materials. IS" InstruCtlon/l t• Bayer Cantrlbullns fKlllly Isee Instructions) seta J & C Dyeing Noma N urnbera Slreet City County clef. Ylp Code !. Primary Sisndard Induelrlal Classification Code Ise► Instructions) !. pr1n..ael product or now Material Isar Inatructiontl frocuel P40w oftler1al e. flew Indicate the vOlum. Of water dltchar"d rnte the munlcrpal Sys. fern In thoutond "Item per Coy end whether 1114 dlscharp IS Inter• mltl.nl of Continuous. S. hetnelmsnl ►rovided Indicate It prelraNment is provided prior to entering Ihb munlClOor system •. char leforlalles of wastewater Iw instructional •Ise. 4011, 41Ole sale Sot. self 402 4031 4636 4042 eNs 40e 1000 West Grover Street _ Shelby Cleveland _ North Carolina 28150 2269 unit$ Ise. Quantity Table III) Package Dyeing_ Of Ism L5.600.00( oest LB YL Woven & Knitted Yarns doe a>N 750 thousand pllent per day [RIntermittent flnt) []Contlnuous(ce") Ilvel []NO I reremeler Noma vtnn T PH Q & G Phpnj3I Sulphid Chrome arb"N'.r Nu 00310 00410 00550 3273Q 00745 01034 1 Value 110mg/1 75mg/1 10.0 37mg/1 .10mg/1 02mg/1 .01mg/1 IV-1 a If FOR AO[NCy Ulf STANDARD FORM A —MUNICIPAL SECTION LV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL !YSTEM Submit a dsaerlpllon of each whaler Industrial facility discharging to the rmdnit" Systentr wing 0 osporab Settle" IV for Nth facility ellirrrp tlon. Indicate the a diglt Standard Industrial Classllltzilon ISICI Code for the Induflry. this Myer prteduH Of low rnHwtal. the flow fin thr..- tend gellont per flay I. and the that Ktennllcl of the waftewalor dlaehet"d frown the teduslrlal f0twlly We the municipal tyelem. Consult : gel• III for standard measures of products or raw materials. lase Instructional t• Meter Contributing Facility (Me Instrrretlonsl Shelby Dyeing And Finishing Nang dell I _-- — Number& Street City County slate 210 Code g. Primary steneere Induairlel Claulflcallon code (self Instructions) !. Principal Product or slow Material Itee IMtfuchons) Product Row Malarial a. Flew Indicate the volume of water dfleha►ged into the municipal Sys. lam In thousand "flat" per day and whether Ines discharge h Infer. mlttenl or tontlnuous. {. Prelrealmenl Provided Ind,taa It pretreelment is ofovfeed prior 10 entering the muntttoer System {. charNte►felles of Wastewater two instructions) 40" /*{b 4016 dole geld 4010 4011 402 t07a 4011s 2270 Sam Lattimore Road Shelby Cleveland _ North Carolina 78150 2269 Units Ilea Quarlllty Table III) Dyed Fabrics N� 253 thousand Wiens per day D Intermittenl (Intl Q Cenllnuoul (ton) R) yes ONO Powneler Nam' iRnn T qq PH 0 & G Phenol Sul hine Chrome Parameter Numbernnq 00530 00410 00550 32730 00745 034 va1ue 118mg/1 90mg/1 9.0 94mg/1 .12mg/1 0.1mg/1 .01mg/1 W-1 "is MAN-Ifnn •rrh/tee 2 re- FOR AGENCY Ulf 1. STANDARD FORM A —MUNICIPAL SECTION LV. INDUSTRIAL WASTE CONTRIBUTION TO MUNICIPAL SYSTEM Submit a description of Nth Mia)o► Industrial facility discharging to the nrunitlW sy"ve tr 1lsirag a sepatafe Settle" IV for each feclllty dos-el-0lion. Indic@to the a elgl) Standard Industrial Clatslflcallon (SIC) Cella for IM Industry, the molar product or raw Material. the New tin Ihn..• rand gallons por day). and the cfnaraeterht1CI of the waltew*IW discharged from she Industrial fKNlty Info the munftlpal system. Contutt : fete III for standard measures of products Or raw malerlall. (se" Instructions) t• surer Contributing pacmty two Instructions) Kemet Electronics Nate" a0ta I Numbers, Street Street City County stela !fp Code 2. ►Amery glanderd Indutlrial Classification Code INS Instructions) 3. ►rtnelpol product or now Motorist INS Instructions) Product Raw Material A. Slew Indicate the volume of water discharged onto the munlcrpss syt- tern In thousand gallons per day 41" whelhar this discharge It Inter• mlttenl or continuous. g. "roolment Provided Indicate It pretreatment IS provided polar to entering the munlelper system g. che►eewlelles of Wastewater Use instructions) 441111110 4411411110 4011 ao! 4gfa 40 310 4040 aNb 1 egg 2501 West Dixon Boulevard Shelby Cleveland — North Carolina 28150 2675 Units Igoe Quantity TI16la 1111 Ceramic Dielectrics 250 x 103 N„ Day— Capacitors wtl Msf 40 thousand Iptle"s pier day I] intermittent Ifni) (ACe"tinuoustcen) N Ves (3No raterneler rnf NeBOD TSS PH 0 & C Pb Ag Ba enamel e1 Number 00310 00530 00410 00550 0105.1 01077 01007 Value lil0mg/l 180mg/ 1 7.4 11mg/1 .20mg/1 .07mg/1 .8mg/1 IV•I "in sac -Ilan ealfalMo I Mel._ OUTFALL OUTFALL TOTAL FLOW = 6 M.G.D. UNIT 0 = 3 M.G.D. 0.1 EXPANSION -1�APACITY TO 12 M.G.D. 3.1 0 2 Q. EFFLUENT METER VEE OPERATIONS THERMAL OXIDATION BUILDING SYSTEM F, .. 77.1 0.1 Q 3.1 Q FLASH MIXER FUTURE 1 UN!Ts SLUDGE THICKENER PRIMARY SETTLING TRICKLING FILTERS SECONDARY SETTLING TYPICAL FLOW DIAGRAM MECHANICAL- BIOLOGICAL TREATMENT PLANT SHELBY. N.C. NO SCALE SEPT. 1963 NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO024538 PERMITTEE NAME: City of Shelby / Broad River WWTP Facility Status: Existing Permit Status: Renewal Major _q Minor Pipe No.: 001, a Design Capacity: 6.0 MGD Domestic (% of Flow): 75.7 % Industrial (% of Flow): 24.3 % Comments: y pretreatment information attached o;- C� Web ny :, RECEIVING STREAM: First Broad River = ` .-0 %� a Class: C �y Sub -Basin: 03-08-04 Reference USGS Quad: G 12 NE (please attach) County: Cleveland Regional Office: Asheville Regional Office Previous Exp. Date: 10/31/91 Treatment Plant Class: Class IV Classification changes within three miles: none Requested by: RosanneBarona Date: 4/23/91 Prepared by: , Date: i12- 9/ Reviewed y Date: �oD� ►.��1r - ---�— Modeler Date Rec. I# SM� Z3 ci (.Zo-7 Drainage Area (mil Avg. Streamflow (cfs): 7Q10 (cfs) 7o Winter 7Q10 (cfs) I/ Z 30Q2 (cfs) /sg Toxicity Limits: IWC /Z % Acut /Chronic Instream Monitoring: Parameters�-�� �d i Upstream Y Location Downstream Y Location''d�-�J Effluent Characteristics Summer Winter BOD5 (m ) 3a NH3-N (mg/1) D.O. (mg/1) r TSS (mg/1) 3 F. Col. (/100 ml) o PH (SU) /7 RECEIVED r i ouslity SUEZUR HF ' - 1991 C� �Q ¢3 Asheville Regional ofi Comments`'- �^ FACT SHEET FOR WASTELOAD ALLOCATIONS WLA'#` 6207 Facility Name :CITY OF SHELBY - BROAD RIVER WWTP NPDES No. :NC0024538 ' Type of Waste :75.7% DOMESTIC / 24.3% INDUSTRIAL Facility Status :EXISTING Permit Status :RENEWAL D14`15�'li DF Receiving Stream :FIRST BROAD RIVER �QG'r�f�?+ "'t1J�•if+Vi t �• «�d��y �t Stream Classification: C OFFICE Subbasin :030804 County :CLEVELAND Stream Characteristics: Regional Office : MRO USGS # 0215258450 Date 7/89 Requestor :BARONA Drainage Area: 267 sq.mi. Date of Request :4/23/91 Summer 7Q10: 70 cfs Topo Quad :G12NE Winter 7Q10: 112 cfs Average Flow: 371 cfs 30Q2: 154 cfs Wasteload Allocation Summary FACILITY IS REQUESTING RENEWAL OF EXISTING PERMIT. FACILITY IS CURRENTLY UNDER JOC BECAUSE OF NONCOMPLIANCE WITH PERMIT LIMITS; JOC EXPIRES IN JUNE 1994. TECH SUPPORT RECOMMENDS RENEWAL OF EXISTING LIMITS, TOXICITY TESTING REQUIREMENTS, AND ADDITIONAL LIMITS AND MONITORING FOR METALS. (approach taken, correspondence with region, EPA, etc.) WASTELOAD SENT TO EPA?(Major) _Y (Y or N) (if yes, then attach schematic, toxics spreadsheet, copy of model, or if not modeled, then old assumptions that were made, and description of how fits into basinwide plan) Recommended by: Date:_7/2/91_ Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: RETURW-'TO TECHNICAL SERVICES BY: C� A U G 10 1991 Date: Date: Date • Z( 7 t -2- Existing Limits Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/1): DO (mg/1): TSS (mg/1): Fecal Coliform (/100 ml): pH (SU) : Oil & Grease (mg/1): TP (mg/1) : TN (mg/1): Recommended Limits Wasteflow (MGD) BODS (mg/1): NH3N (mg/1): DO (mg/1) : TSS (mg/1): Fecal Coliform (/100 ml): pH (SU) : Oil & Grease (mg/1): TP (mg/1) : TN (mg/1) : Limits Chancres Due To: Instream Data Ammonia Toxicity Chlorine Nutrient Sensitive Waters HQW New 7Q10 flow data Special Modeling Studies New facility information CONVENTIONAL PARAMETERS Monthly Average Summer/Winter 6.0 30 NR NR 40 1000 6-9 Monthly Average Summer/Winter 6.0 30 NR NR 30 200 6-9 Daily Maximum Daily Maximum Parameter(s) Affected Other FECAL COLIFORM STANDARD CHANGED FROM 1000/100ML TO 200/100ML. (explanation of any modifications to past modeling analysis including new flows, rates, field data, interacting discharges, etc.) (See page 4 for Miscellaneous and special conditions if apply) -3- TOXICS Toxicity Limit Monitoring Schedule Existing Limit:CHRONIC/CERIO/QRTRLY.@ 12% Recommended Limit:CHRONIC/CERIO/QRTRLY @ 12% Toxics or metals limits Existing Limits Cadmium (ug/1) : Chromium (ug/1): Copper (ug/1) : Nickel (ug/1) : Lead (ug/1): Zinc (ug/1): Cyanide (ug/1) : .Phenols (ug/1) : Mercury (ug/1): Silver (ug/1): Chlorine ' (ug/1) : Recommended Limits Cadmium (ug/1): Chromium (ug/1) : Copper (ug/1) : Nickel (ug/1): Lead (ug/1): Zinc (ug/1) : Cyanide (ug/1) : Phenols (ug/1) : Mercury (ug/1): Silver (ug/1): Chlorine (ug/1): Limits Changes Due to: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow New pretreatment information Failing toxicity test Other Daily Maximum Daily Maximum 1 7 426 monitor 750 monitor monitor 43 monitor Parameter(s) Affected Cd,Cr,Cu,Ni,Pb,Zn,CN,Ag (onsite toxicity study, interaction, etc.) -4- MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Miscellaneous information pertinent to the renewal or new permit for this discharge. Include relationship to the Basinwide management plan. INSTREAM MONITORING REQUIREMENTS:TEMP, DO, FECAL COLIFORM, CONDUCTIVITY. Upstream: Y Location: 100 FT. UPSTREAM OF DISCHARGE Donwstream: Y Location: 1) JUST ABOVE STICEY SHOALS DAM 2) AT THE MOUTH OF THE FIRST BROAD RIVER Special Instream monitoring locations or monitoring frequencies: RECOMMENDING TWO DOWNSTREAM MONITORING SITES TO DETERMINE THE IMPACT OF SHELBY'S DISCHARGE ON THE FIRST BROAD RIVER. THE LEVEL B MODEL SHOWS THAT THE DO SAG OCCURS AT THE MOUTH OF THE FIRST BROAD. SPECIAL INSTRUCTIONS OR CONDITIONS **RECOMMEND SHELBY HAVE SPECIAL COLOR MONITORING REQUIREMENT BASED ON DYE COLORED EFFLUENT BEING DISCHARGED. SEE ATTACHED. SCHEDULE REQUIREMENTS: Lr-- I L -JOC 7 Jd�� 71Z4�Q- `i o 7 (for P&E or region to recommend time frame for implementing new limits) y� n /AD/DITIONAL "REVIEWER^ COMMENTS: �EC.. �G(i[f 2G� Gt`7''fi:�-4'_�� �-4 �� <�-'`�i%r. .��� '1 SGAFC' (rtcc.G ") V--c. sat.- , b-tera �••� U ���.en, _:.<. G�,�Oz,�--f� S C. �S O[-t-<-/�L��.. ,.C.i cep. L t.7=- SL�/' 7'� % /�l G'1a•��� ���/ ,i � '1-��� Gc:7^ :: t-•- �_..� �+-L f�! C�,�.sl cr�� n /n C-c r� �t ? ; %-'�•k,�t., r, /1(.t_[�-�O C/_,%. � ���� r � �Q't``f.� <-� `" Y . Additional Information attached? es or no) If yes, explain attachments. CJaS�Ioa�C �.11oCa.�,'en no��• ry�oclel pv�-pvf �e5vlf�, Svv��hc�1r�., mod- 5fz.E�rrn P`� �,�, T� �1G' DIVISION OF ENVIRONMENTAL MANAGEMENT Recommendations for Color Monitoring for City of Shelby -Broad River WWTP 15 NCAC .0211(b)3(F) states for colored wastes - only such amounts as will not render the waters injurious to public health, secondary. recreation, or to aquatic life and wildlife or adversely affect the palatability of fish, aes- thetic quality or impair the waters for any designated uses. Within 120 days of the effective date of this permit, the permit holder shall begin monitoring for color at the Effluent, Upstream, and Downstream designated sites (50.ft upstream and 50 ft downstream), and one sample of effluent diluted with upstream water at a concentration replicating 7Q10 conditions. All samples shall be grab samples. Analysis shall be performed in the field using the "glass disks field method" (Standard Methods - 204A). Analyze samples as follows: (a) using the platinum -cobalt method; and (b) Using a narrow -band scanning spectrophotometer to produce a COMPLETE spec- tral curve of the visible spectrum (350-750 nm). Calculate and report results in ADMI color units from the information indicated. Samples should be taken free from turbidity (True Color) and at natural pH. During summer months (April -October) collect samples on Mondays, Wednesdays, and Fridays and during the winter months (November -March) collect samples on Wednes- days. The permit holder shall submit annual reports summarizing the available color monitoring information. Include factors which may have had an impact on the levels of color in the effluent and receiving stream, including, but not limited to, rainfall, streamflow, production plant operations, and treatment plant oper- ations. Submit the report to the Water Quality Section Chief no later than Feb- ruary 15th of each year. 10/89 Facility Nam e ��' 07 ��/!� ��idh� lJr Perini[ # N Co o a 9S,3 CHRONIC TOXICITY TESTING REQUIREMENT (QR"1RLY) 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 f Z To (defined as treatment two in the North Carolina procedure document).. The permit holder shall perform quarte-rly monitoring using this procedure to establish compliance *ith the permit condition. The. first test will be performed after thirty days from issuance of this'permit during the months of /�1Xy"/ 06: 11,bil A-1 . 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 :MonitrningForm (MR-1) for the month in which it was performed, using the parameter code TGMB. 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 27687 Raleigh, N.C. 27611 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 doselresponse 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 miiiitlluni control organism survival and appropriate environmenutl controls, stall 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. 7Q10 70 cfs Permited Flow MGD Recommended by: IWC% 7. Basin & Sub -basin 8" a ± G Receiving Stream F -4— County ate **Chronic Toxicity (Ceriodapltnia) P/F atvLz A0 See Part Condition __ !D- 21 - -L t}�C9 = o/6�r� o_f /(DS2Sl7W I .4,-�51 -- 26os '.wL9Z rf/Q � W rz = 1r�yl�• `�VD U.isosvj ,�SL'/L � o5bd SY S fZ0 tM s}'B'ZFb'-t ma's L s}'s' N6zqi�,90 s m�0 o 'Srsl'ro / c --49 --* —/�, 7Ic9 cb s1 05/30/91 ver 3.1 T O X I C S R E V I E W Facility: CITY OF SHELBY NPDES Permit No.: NCO024538 Status (E, P, or M) : E Permitted Flow: 6.0 mgd Actual Average Flow: 3.8 mgd Subbasin: '030604 Receiving Stream: FIRST BROAD RIVER I--------- PRETREATMENT DATA -------------- I ---- EFLLUENT DATA---- I Stream Classification: C I ACTUAL PERMITTEDI I 7Q10: 70.0 cfs I Ind. + Ind. + I FREQUENCY I IWC: 11.73 8 I Domestic PERMITTED Domestic I OBSERVED of Chronicl Stn'd / Bkg I Removal Domestic Act.Ind. Total Industrial Total I Eflluent Criteria I Pollutant AL Conc. I Eff. Load Load Load Load Load 1 Conc. Violationsl (ug/1) (ug/1) I 8 (#/d) -------- (#/d) -------- (#/d) -------- (#/d) --------- (#/d) 1 -------- I (ug/1) -------- (#vio/#sam)I --------- I --------- Cadmium -- S ---------------- 2.0 I -------- I 92% 0.1 0.2 0.29 1.6 1.660 I I Chromium S 50.0 I 76% 0.9 1.5 2.42 53.2 54.060 1 I I Copper AL 7.0 I 82% 1.1 0.9 1.96 7.0 8.060 1 127.0 I N Nickel S 88.0 I 32% 0.4 0.2 0.53 5.5 5.880 I 80.0 I P Lead S 25.0 1 81% 0.9 0.2 1.07 1.0 1.900 I I U Zinc AL 50.0 1 77% 0.9 4.8 5.65 6.3 7.210 1 176.0 1 T Cyanide S 5.0 I 59% 0.7 0.1 0.84 0.1 0.850 1 8.0 I Mercury S 0.012 I 08 I I S Silver AL 0.06 I 94% 0.4 0.1 0.48 0.3 0.600 I 0.2 I E Selenium S 5.00 I 0% I I C Arsenic S 50.00 I 0% I I T Phenols S NA I 991k 2.9 2.87 40.1 40.130 1 I I NH3-N C I 0% I 1 0 T.R.Chlor.AL 17.0 I 08 I I I I I I N I I --------------- I I ALLOWABLE PRDCT'D PRDCT'D PRDCT'D I --------- MONITOR/LIMIT--------- I 1--ADTN'L RECMMOTN'S-- 1 Effluent Effluent Effluent Instream 1 Recomm'd I Conc. using using Conc. Based on Based on Based on I FREQUENCY INSTREAM I I Allowable CHRONIC ACTUAL PERMIT using ACTUAL PERMITTED OBSERVED I Eff. Mon. Monitor. I Pollutant I Load Criteria Influent Influent OBSERVED Influent Influent Effluent 1 based on Recomm'd ? I 1 (#/d) (ug/1) (ug/1) (ug/1) (ug/1) Loading -------- Loading -------- Data ---------I I OBSERVED --------- (YES/NO) -------- I I --------- -- �Cadmium'.' S I--------- I 10.23 -------- 17.054 --------- 0.728 -------- 4.166 -------- 0.00 Monitor Limit I I A Chromium S 1 85.26 426.344 18.220 407.003 0.00 Monitor Limit I I N Copper AL 1 15.91 59.688 11.067 45.511 14.89 Monitor Monitor Monitor 1 Weekly YES I A Nickel S I 52.96 750.366 11.306 125.429 9.38 Monitor Limit Limit I NCAC NO I L Lead S I 53.85 213.172 6.377 11.324 0.00 Monitor Monitor I I Y Zinc AL 1 88.96 426.344 40.765 52.020 20.64 Monitor Monitor Monitor I Monthly NO I S Cyanide S I 4.99 42.634 10.804 10.932 0.94 Limit Limit Limit I NCAC NO I I Mercury S I 0.00 0.102 0.000 0.000 0.00 I I S Silver AL I 0.41 0.512 0.903 1.129 0.02 Monitor,,;:, Monitor Monitor I Monthly NO I Selenium S I 2.05 42.634 0.000 0.000 0.00 I I R Arsenic S I 20..46 426.344 0.000 0.000 0.00 I I E Phenols S 1 I I S NH3-N C 1 0.000 0.00 I I U T.R.Chlor.AL I 144.957 0.00 1 I L . I I I T 1 I I 1 1 S I MODEL FOR SHELBY WWT? @ FIRST BROAD RIVER LOCATION ---------- MODEL RESULTS ---------- Discharger : CITY OF SHELBY WWTP Receiving Stream : FIRST BROAD RIVER ---------------------------------------------------------------------- The End D.O. is 6.11 mg/l. The End CBOD is 8.83 mg/l. The End ---------------------------------------------------------------------- NBOD is 7.35 mg/l. WLA WLA WLA DO Min CBOD NBOD DO Waste Flow (mg/1) Milepoint Reach # (mg/1) (mg/1) ---- (mg/1) -- ---------- (mgd) Segment 1 ------ 6.11 ---------------- 7.10 4 ---- Reach 1 90.00 90.00 0.00 6.00000 Reach 2 0.00 0.00 0.00 0.00000 Reach 3 0.00 0.00 0.00 0.00000 Reach 4 0.00 0.00 0.00 0.00000 *** MODEL SUMMARY DATA *** Discharger : CITY OF SHELBY WWTP Subbasin : 030804 Receiving Stream : FIRST BROAD RIVER Stream Class: C Summer 7Q10 : 70.0 Winter 7Q10 : 112.0 Design Temperature: 25.0 ILENGTHI SLOPEI VELOCITY I DEPTH[ Kd I Kd I Ka I Ka I KN 1 -------------------------------------------------------------------------------- I mile,l ft/mil fps I ft Idesignl @20;h Idesignl @203h Idesignl Segment 1 I I 1 3.101 I 5.001 I 0.676 1 2.88 I I` 1 0.30 1 0.24 I I 1 3.32 1 I 2.981 I 0.44 1 Reach 1 -------------------------------------------------------------------------------- I I I I I I I I I I Segment 1 I I 1 .1.601 I 9.101 I 0.811 1 2.67 I I 1 0.33 1 0.27 I I 1 7.24 1 I 6.491 I 0.44 1 Reach 2 -------------------------------------------------------------------------------- 1 1 1 1 1 1 1 1 1 1 Segment 1 I I 1 0.201 I 9.101 I 0.820 1 2.73 I I 1 0.33 1 0.27 I I 1 7.32 1 I 6.571 I 0.44 1 Reach 3 -------------------------------------------------------------------------------- 1 1 1 1 1 1 1 1 1. 1 Segment 1 I I 1 2.201 I 2.501 I 0.570 1 3.30 I I 1 0.27 1 0.22 I I 1 1.40 1 I 1.251 I 0.44 1 Reach 4 -------------------------------------------------------------------------------- 1 1 1 1 1 1 1 1 1 1 I Flow I CBOD I NBOD I D.O. I 1 cfs I mg/l I mg/l I mg/l I Segment 1 Reach 1 Waste 1 9.300 1 90.000 1 90.000 1 0..000 Headwatersl 70.000 1 2.000 1 1.000 1 7.440 Tributary I 4.100 1 2.000 1 1.000 1 7.440 * Runoff 1 0.610 I 2.000 1 1.000 1 7.440 Segment 1 Reach 2 Waste I 0.000 I 0.000 1 0.000 1 0.000 Tributary I 1.000 1 2.000 1 1.000 1 7.440 * Runoff 1 0.440 1 2.000 I 1.000 [ 7.440 Segment 1 Reach 3 Waste I 0.000 I 0.000 I 0.000 I 0.000 Tributary 1 4.300 1 2.000 1 1.000 I 7.440 * Runoff 1 1.250 I 2.000 l 1.000 1 7.440 Segment 1 Reach 4 Waste 1 0.000 1 0.000 l 0.000 1 0.000 Tributary l 0.000 i 2.000 I 1.000 i 7.440 * Runoff 1 1.250 1 2.000 1 1.000 1 7.440 SUMMER MODEL FOR SHELBY WWTT Seg # I Reach # I Seg Mi I D.O. I CBOD BROAD I NBOD RIVER LOCATION I Flow 1 1 1 1 0.00 6.61 11.81 10.92 83.40 1 1 0.10 6.59 11.77 10.87 83.46 1 1 0.20 6.56 11.74 10.82 83.52 1 1 0.30 6.54 11.70 10.77 83.58 1 1 0.40 6.52 11.66 10.72 83.64 1 1 0.50 6.50 11.62 10.67 83.71 1 1 0.60 6.48 11.58 10.62 83.77 1 1 0.70 6.46 11.54 10.57 83.83 1 1 0.80 6.44 11.51 10.5:3 83.89 1 1 0.90 6.42 11.47 10.48 83.95 1 1 1.00 6.41 11.43 10.43 84.01 1 1 1.10 6.39 11.39 10.38 84.07 1 1 1.20 6.38 11.36 10.33 84.13 1 1 1.30 6.36 11.32 10.28 84.19 1 1 1.40 6.35 11.28 10.24 84.25 1 1 1.50 6.34 11.25 10.19 84.32 1 1 1.60 6.33 11.21 10.14 84.38 1 1 1.70 6.31 11.17. 10.10 84.44 1 1 1.80 6.30 11.14 10.05 84.50 1 1 1.90 6.29 11.10 10.00 84.56 1 1 2.00 6.28 11.06 9.96 84.62 1 1 2.10 6.28 11.03 9.91 84.68 1 1 2.20 6.27 10.99 9.86 84.74 1 1 2.30 6.26 10.96 9.82 84.80 1 1 2.40 6.25 10.92 9.77 84.86 1 1 2.50 6.25 10.88 9.73 84.93 1 1 2.60 6.24 10.85 9.68 84.99 1 1 2.70 6.23 10.81 9.64 85.05 1 1 2.80 6.23 10.78 9.59 85.11 1 1 2.90 6.22 10.74 9.55 85.17 1 1 3.00 6.22 10.71 9.51 85.23 1 2 3.10 6.21 10.67 9.46 85.29 1 2 3.10 6.23 10.57 9.36 86.29 1 2 3.20 6.28 10.54 9.33 86.34 1 2 3.30 6.33 10.51 9.29 86.38 1 2 3.40 6.38 10.48 9.26 86.42 1 2 3.50 6.42 10.45 9.22 86.47 1 2 3.60 6.46 10.42 9.19 86.51 1 2 3.70 6.51 10.39 9.15 86.56 1 2 3.80 6.54 10.36 9.12 86.60 1 2 3.90 6.58 10.33 9.09 86.64 1 2 4.00 6.62. 10.30 9.05 86.69 1 2 4.10 6.65 10.27 9.02 86.73 1 2 4.20 6.68 10.24 8.98 86.78 1 2 4.30 6.71 10.21 8.95 86.82 1 2 4.40 6.74 10.18 8.92 86.86 1 2 4.50 6.77 10.15 8.88 86.91 1 2 4.60 6.79 10.12 8.85 86.95 1 3 4.70 6.82 10.09 8.82 87.00 1 3 4.70 6.85 9.71 8.45 91.30 1 3 4.72 6.85 9.70 8.44 91.32 1 3 4.74 6.86 9.69 8.43 91.35 1 3 4.76 6.86 9.69 8.42 91.37 1 3 4.78 6.87 9.68 8.42 91.40 1 3 4.80 6.87 9.67 8.41 91.4 4.82 6.88 9.67 8.40 91.45 @ FIRST y 1 1 3 3 4.84 4.86 6.88 9.66 8.39 91.47 1 3 4.88 6.89 6.89 9.65 9.65 8.39 91.50 1 1 3 4.90 6.90 9.64 8.38 8.37 91.52 91.55 1 4 4 4.90 5.10 6.90 6.81 9.64 8.27 55 1 4 5.30 6.72 9.56 9.49 8.18 91.80 1 1 4 4 5.50 6.64 9.41 8.08 92.05 92.30 1 4 5.70 5.90 6.56 9.33 7.98 92.55 1 4 6.10 6.48 6.41 9.26 7.89 92.80 1 4 6.30 6.34 9.19 9.11 7.80 93.05 1 1 4 6.50 6.28 9.04 7.71 7.62 93.30 93.55 1 4 4 6.70 6.90 6.22 8.97 7.53 93.80 1 4 7.10 6.16 6.11 8.90 8.83 7.44 94.05 Seg # I Reach # I Seg Mi I D.O. I CBOD 7.35 94.30 I NBOD I Flow CITY OF SHELBY BOX 207 - WASHINGTON AT GRAHAM ST. - SHELBY, NORTH CAROLINA 28150 July 29. 1991 . Ms. Carla Sanderson At Dept of Tech. Services �T Dept. of Environmental Management 1 512 No. Salisbury Street f 991 Raleigh. N.C. 27611 Dear Ms. Sanderson: Comments concerning proposed discharge permit for the City of Shelby. N.C. (NC0024538). 1. Sampling at the mouth of the First Broad River: There is no access to the mouth of the First Broad River except about a one (1) mile hike over very rough terrain. The most easy accessible point nearest to the mouth is at the bridge crossing on rural paved road 1140, this would be the preferred location. It is located 7.5 miles from the WWTP. The next best sampling point would be at the bridge where rural paved road no. 1148 crosses the river. (see inclosed map) Also would prefer weekly or monthly sampling as opposed to three times weekly. 2. Metal limits and testing: During the last half of 1990, weekly sampling of the effluent from the WWTP were performed. (results inclosed). They tend to show that the metals in the effluent are consistently lower than the limits you have specified in the draft permit. This WWTP is not equipped with the means to perform metal analysis. Therefore the cost of daily metals analysis would be in the neighborhood of one hundred fifty dollars ($150.00) daily or thirty six thousand dollars ($36.000.00) yearly. 3. Toxicity testing: The Shelby WWTP has been testing for toxity for the past two years and has "passed" each time. I would request these test to be reduced to annual or semi-annual, this request is mainly a cost reduction. Thank you for your considerations in this matter. Sincer ly: Don Rhom UNITED STATES DEPARTMENT OF THE INTERIOR Sao GEOLOGICAL SURVEY 81,3773 Iq- SlIFLRY 4.9 ml. ©01L!PGSPRINGS 2,5 Mi. 445non.E. 820000FEET (S. C.) 44-635* 15' . TT .M 1 7 26 �g Sia N 800 pw q el g,( c W 835 'x --- fir 822. 7 114 (b) Ilk, N J ��� jam\ =��jl �! r'�/(`� ' I(j; l i I l %, �� ` �\. --�_�- •`. - -�— I X, ca u—; 131 3893 h NV C) 78 P, J ELA f 3892 4- 10, 7 35' 147 148 SliEL!nY 6 W 1$lf El 7 1 n Poi STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Cs U�.•7 psi . . ^q� STATE OF NORTH CAROLINA, ex rel ) WILLIAM W. COBEY, JR., Secretary) Department of Environment, ) Health and Natural Resources, ) ex rel ENVIRONMENTAL MANAGEMENT ) COMMISSION, ) Plaintiff, V. CITY OF SHELBY, Defendant. • � Q 1991 dfOpRES�,ILI( 1 PiGW�GEhffh�T CONSENT JUDGMENT AMENDMENT (JOC #89-01 Ad) 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, as follows: 1. by amending paragraph 1 to read, The plaintiff is the sovereign State of North Carolina. The Department of Environment, Health and Natural Resources (EHNR) is an Agency of the State established pursuant to NCGS 143B-275, et sea; and William W. Cobey, Jr., is its Secretary. The Environmental Management Commission (EMC) is an Agency of the State established pursuant to NCGS 143B-282, et seq. 2. by amending paragraph 3 to read, The City of Shelby holds North Carolina NPDES Permit No. NCO024538 for operation 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 River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), and fecal coliform. Compliance will require preparation of plans and specifications for, and construction and operation of, additional treatment works. The non-compliance 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. -2- 3. by deleting Attachments A-1, B-1, and C. 4. by adding Attachment C-1. 5. by amending the first paragraph in Attachment A-2 to read: During the period beginning -on February 2, 1990, and lasting until April 1, 1994, the permittee is authorized to discharge from outfall(s) serial number 001. Such discharge shall be limited and monitored by the permittee as specified below: 6. by amending paragraph 9a to read, (a) Meet and comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 3 above. (See Attachments A-2, B-2, and C-1 which are incorporated by reference herein, for all monitoring requirements and effluent limitations.) 7. by amending paragraph 9b to read, (b) Upon entry of the Consent Judgement, undertake the following activities in accordance with the indicated time schedule: 1) Complete a' BOD study plus a comprehensive evaluation of the treatment system; implement any needed operational refinements and submit a report to DEHNR on or before . . . . . . . . June 1, 1991. 2) Submit plans and specifications, sufficient for EHNR approval, for needed facility modifications or additions on or before . . . . . March 1, 1992. 3) Begin construction (contractor on -site with authorization to proceed having been issued) on or before . . . . . . . . . . . . . . August 1, 1992. 4) Complete construction (all treatment units in place and fully operable) on or before . . . . . . . . . . . . . . . . . . . . . . .December 1, 1993. 5) Achieve compliance with final effluent limitations on or before . . . . . . . . . . . April 1, 1994. 8. by amending paragraph 9c to read, (c) During the time in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in -3- Attachments A-2, B-2, 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. 9. by amending paragraph 14 to read, This Consent Judgment shall terminate on June 1, 1994; except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request'for dispute resolution may be made within 90 days thereafter. Following the expiration of the Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6. IT IS THEREFORE, upon the consent of the parties and without the taking of any testimony, ORDERED, ADJUDGED, AND DECREED: 1. The Consent Judgment is modified by amending paragraph 1 to read, The plaintiff is the sovereign State of North Carolina. The Department of Environment, Health and Natural Resources (EHNR) is an Agency of the State established pursuant to NCGS 143B-275, et seq; and William W. Cobey, Jr., is its Secretary. The Environmental Management Commission (EMC) is an Agency of the State established pursuant to NCGS 143B-282,.et sec. 2. The Consent Judgment entered herein is modified by amending paragraph 3 to read, The City of Shelby holds North Carolina NPDES Permit No. NC0024538 for operation 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 River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), and fecal coliform. Compliance will require preparation of plans and specifications for, and construction and operation of, additional treatment works. The non-compliance 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. 3. The Consent Judgment entered herein is modified by deleting Attachments A-1 and B-1. 4. The Consent Judgment entered herein is modified by adding a new Attachment C-1. -4- 5. The Consent Judgment entered herein is modified by amending the first paragraph in Attachment A-2 to read: During the period beginning on February 2, 1990, and lasting until April 1, 1994, the permittee is authorized to discharge from outfall(s) serial number 001. Such discharge shall be limited and monitored by the permittee as specified below: 6. The Consent Judgment entered herein is modified by amending paragraph 9a to read, (a) Meet and comply with all terms and conditions of the permit except those effluent .limitations identified in paragraph'3 above. (See Attachments A-2, B-2, and C-1 which are incorporated by reference herein, for all monitoring requirements and effluent limitations.) 7. The Consent Judgment entered herein is modified by amending paragraph 9b to read, (b) Upon entry of the Consent Judgement, undertake the following activities in accordance with the indicated time schedule: 1) Complete a BOD study plus a comprehensive evaluation ofthe treatment system; implement any needed operational refinements and submit a report to DEHNR on or before . . . . . . . . . . . . . . . . . . . . . . . . June 1, 1991. 2) Submit plans and- specifications, sufficient for EHNR approval, for needed facility modifications or additions on or before . . . . . . . . . . . . . . . .. . March 1, 1992. 3) Begin construction (contractor on -site with authorization to proceed having been issued) on or before . . . . . . . . .August 1, 1992. 4) Complete construction (all treatment units in place and fully operable) on or before . . . . . . . . . . . . . . . . . December 1, 1993. 5) Achieve compliance with final effluent limitations on or before . . . April 1, 1994. 8. The Consent Judgment entered herein is modified by amending paragraph 9c to read, (c) During the time in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in Attachments A-2, B-2, 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. 9. The Consent Judgment entered herein is modified by amending paragraph 14 to read, This Consent Judgment shall terminate on June 1, 1994; except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request for dispute resolution may be made within 90 days thereafter. Following the expiration of the Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6. I Me This the BY CONSENT: FOR THE CITY OF SHELBY day of FOR THE DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES AND ENVIRONMENTAL MANAGEMENT COMMI SS VN Dire r, ision of Environmental Management LACY H. THORNBURG Attorney General Assistant Attorney General .. , 19--- - date date d e /� 111L)b J ge of Super/o Court ATTA(Eff4ENT A - 2 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim During the period beginning on February 2, 1990, and lasting until April 1, 1994, the permittee is authorized to discharge from out£all(s) serial number 001. Such discharge shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as specified Measurement Sample *Sample Monthly Avg_ Weekly Avg. Frequency Tvpe Location Flow 6.0 MGD Continuous Recording I or E BOD, 5-Day, 200C 45.0 mg/1 68.0•mg/l Daily Composite I, E Total Suspended Residue .70.0 mg/1 105.0 mg/l Daily Composite I, E NH as N Dih Weekly Composite E olved Oxygen (minimum) 4.0 mg/1 4.0 mg/1 Daily Grab E, U, D Fecal Coliform (geometric mean) 1000/100 ml. 2000/100 ml Daily Grab E, U, D Residual Chlorine Daily Grab E Temperature Daily Grab E, U, D Total Nitrogen (NO2+NO +TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Conductivity Daily Grab U, D Toxicity ** Quarterly Composite E Priority. Pollutants *** Annually Composite E * Sample Location: I -Influent, E-Effluent, U-Upstream, D-Downstream ** See Attachment B-1 *** See Attachment C 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 samples. There shall be no discharge of floating solids or visible foam in,other than trace amounts. ATTACHMENT B-2 Consent Judgment City of Shelby Toxicity Testing Requirement The effluent discharge shall at not time exhibit chronic toxicity using test procedures outlined in: 1. The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedures - Revised *February, 1987) 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 City shall perform quarterly monitoring using this procedure to establish compliance with the toxicity requirements. Test shall 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 Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of the waste stream. 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 Order may be reopened and modified to include alternate monitoring requirements or limitations. 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 tests and will require immediate retesting. Failure to submit suitable test results will constitute a failure of Order conditions. ✓ Attachment C-1 POLLUTANT ANALYSIS MONITORING CONDITION The permittee shall conduct a test for pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCB's (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo, to be provided to all discharges affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis Monitoring Requirement" (APAM). 2) Other significant levels of synthetic organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable, base/neutral extractable, and acid extractable fractions (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be identified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule". State of North Carolina, Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Ral i�h��ffRh ® 611 AND James G. Martin, Governor IMMUNITY DEVELOPMENT George T. Everett, Ph.D. William W. Cobey, Jr., Secretary F E B 1 3 1991 Director DIVISION OF ENVIRONMENTAL YANABENIMT MOORESVILLE REGIONAL OFFIC C-E IV E D January 15, 1991 Water Qaal'ity Section Mr. David M. Wilkinson, City Manager FEB — 5 1(j)91 City of Shelby P.O. Box 207 ;Asheville Regional Offer h ro!i�a 2e1Gn S elby, Nor,h Ca..... Ash&Aue, ttortPi Carolina Re: Receipt,of Stipulated Demand Payment DEHNR and EMC v. City of Shelby Cleveland County, (JOC # 89-01) NPDES Permit No. NCO024538 Dear Mr. Wilkinson: Check Number 029047 in the amount of $12,500.00 made payable to the Department of Environment, Health, and Natural Resources has been received by the Division of Environmental Management. This payment satisfies in full the payment demand set forth in my letter of October 4, 1990, and subsequent acceptance of settlement for failure to submit plans and specifications on or before July 1, 1990. This payment, however, does not preclude enforcement against the City of Shelby for failure to meet future required dates, conditions, or interim effluent limitations as specified in the Consent Judgment. Check Number 029255 in the amount of $400.00 made payable to the Department of Environment, Health, and Natural Resources has also been received by the Division as payment for processing the City's request to amend Judicial Order by Consent No. 89-01 . Thank you for your prompt attention to these matters.. Should you have any questions, please feel free to contact 'me at (919) 7336ince�rely, i1,5. :1 George T.-Everett cc: Forrest Westall' Steve Tedder Central Files/JOC File Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Ai! -> 1 1991 State of North Carolina Department of Environment, Health, and Natural ' je(syurces i'Ci fi�la 6ifF1G�, Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION December 20, 1990 MEMORANDUM TO: Kevin Bowden Compliance Group FROM: Jim Reid Asheville Regiona Office SUBJECT: City of Shelby Stipulated Penalties, JOC 89-01 Cleveland County In accordance with our discussion of December 19, 1990, please find attached a check in the amount of $12,500 for settlement of subject stipulated penalties. As for modification of JOC 89-01, the City of Shelby on this dated reportedly mailed to your attention, a separate check in the amount of $400 for the modification fee. The JOC 89-01 modification documents have been (or will shortly be) E-mailed to you. Thank you for your considerable assistance with this project. If there are questions or a need for additional information, please contact me. xc: Mooresville Regional Office Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208 An Equal Opportunity Affirmative Action Employer AAEAAO a s ':t-"i-as.i4ChY* u a -," .INVOICE DESCRIP.►�ON ..o, a 3yai .e`4,'"thtis"Aig 3"h" AAIXOUNTb 2 :r{i" ��° ° DISCOUNT . a' ,�',fi'?s, ...w 3"'=+k �, NET'AMOUNT . 62 724 410.00 12-20-90 12 500.00 —0— 12 500.00 DETACH BEFORE DEPOSITING 1100 2904711' 1:053 LO L6841: 0000 L00061►' ��ap SHEC@� r CITY OF SHELBY BOX 207 - WASHINGTON AT GRAHAM ST, - SHELBY, NORTH CARO_LINA 28150 December 20, 1990 Mr. James R. Reid Division of Environmental Management - NC Department E.H. & N.R. Interchange Building 59 Woodfin Place Asheville, N. C. 28801 Dear Mr. Reid: Please find enclosed, payment in the amount of. $12:,500, as settlement of claims and penalties under JOC 89-01. We understand that this payment settles all. present claims of the State, and will enable amendment of the JOC to provide for wastewater treatment plant improve- ments under an extended time schedule. We are engaging McGill and Associates for engineering support in this project. You may be assured of our intention to be in full compliance with the amended JOC. Your courtesies in this regrettable matter are appreciated. Sincerely, \ David M. Wilkison DMW:ir City Manager cc: Bob Gidney Gary McGill Enclosure (91N RVdlFtWVIROMErTt'AL1ffA11MJfA- L: c$ DEC 2-7 State of North Carolina r Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor William W. Cobey, Jr., Secretary DIVISION OF ENVIRONMENTAL.MANAGEMENT WATER QUALITY SECTION December 20, 1990 TO: Kevin Bowden Compliance Group FROM: Jim Reid Asheville Regiona (Office SUBJECT: City of Shelby Stipulated Penalties, JOC 89-01 Cleveland County Ann B. Orr Regional Manager In accordance with our discussion of December 19, 1990, please find attached a check in the amount of $12,500 for settlement of subject stipulated penalties. As for modification of JOC 89-01, the City of Shelby on this dated reportedly mailed to your attention, a separate check in the amount of $400 for the modification fee. The JOC 89-01 modification documents have been (or will shortly be) E-mailed to you. Thank you for your considerable there are questions or a need contact me. xc: Mooresville Regional Office assistance with this project. If for J additional information, please Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208 An Equal Opportunity Affirmative Action Employer ;?z�g IIdYOICEEDESCRIP'no ' .�aes�-.� /1MOU d : t a DISCOUNT . How v ��a�:a NET AMOUNT: E�i. ' 62 724 410.00 12-20-90 12 500.00 -0- 12 500.00 DETACH BEFORE DEPOSITING 1110 29047111 1:053 10 L6841: 0000 L00061I■ f pRQT$b.,➢��pQ CITY OF SHELBY BOX 207 - WASHINGTON AT GRAHAM ST. - SHELBY, NORTH CAROLINA 28150 December 20, 1990 Mr. James R. Reid Division of Environmental Management - NC Department E.H. $ N.R. Interchange Building 59 Woodfin Place Asheville, N. C. 28801 Dear Mr. Reid: Please find enclosed, payment in the amount of $12.,500, as settlement of claims and penalties under JOC 89-01. We understand that this payment settles all. present claims of the State, and will enable amendment of the JOC to provide for wastewater treatment plant improve- ments under an extended time schedul'e. We are engaging McGill and Associates for engineering support in this project. You may be assured of our intention to be in full compliance with the amended JOC. Your courtesies in this regrettable matter are appreciated. Sincerely, David M. Wilkison City Manager DMW:ir cc: Bob Gidney Gary McGill Enclosure a State of North Carolina Department of Environment, Health, and N5 Asheville Regional Office " _ _ ?IBC C1,r James G. Martin, Governor �I d William W. Cobey, Jr., Secretary `/` �`� J @ 5 anager DIVISION OF ENVIRONMENTAL MANA1_`__ WATER QUALITY SECTION _ & � Dr,FT,—p,7 ,;7 Fjdt.AL December 5, 1990 ipomuuUr.�,rff MEMORANDUM is TO: George Everett, Director Division of Environmental Management THROUGH: Roy M. Davis, Regional Supervisor Division of Environmental Manageme FROM: Jim Reid Environment Chemist SUBJECT: City of Shelby, NPDES NCO024538 JOC Stipulated Penalty Negotiations Cleveland County On November 26, 1990, Forrest Westal.l and I met with City of Shelby (City) personnel including Dave Wilkison, City Manager, Bob Gidney, Utilities Director, Don Rhom, Plant Engineer, and Gary McGill, their consultant engineer, at the City's request to negotiate stipulated penalties demanded by the Division under the City's JOC. Stipulated penalties were demanded as a result of the City's failure to comply with the July 1, 1990 JOC deadline .requiring submittal of plans and specifications. DEM's letter dated October 4, 1990 demanded penalties in the amount of $16,200. ' The City failed to submit plans and specifications due to misinterpretation of terms in the JOC and actions required. Additionally, the manner in which the City had assigned responsibilities for various wastewater program elements among different people contributed to the violation. Based upon the Region's long-standing knowledge of City personnel, detailed knowledge of the City's wastewater treatment program, and statements made during the meeting of November 26, 1990, DEM regional staff are convinced that there was no malintent in the City's fai.]_ure to submit plans and specifications. Failure to submit plans and specs in accordance with Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 e Telephone 704-251-6208 An Equal Opportunity Affirmative Action Employer I George Everett Memorandum December 5, 1990 Page Two their July 1, 1990 deadline was primarily due to changes occurring at the treatment facility during the term of the JOC and management's failure to understand how JOC language applied to changing conditions. At the outset, Shelby's SOC was based on the premise that 1) relocation of the outfall line for toxicity purposes and 2) control (requiring construction) of TSS in incinerator scrubber wastewater were the primary items needing action. The City prepared plans and specifications for outfall line relocation, requested A to C, and constructed outfall relocation in accordance with their February 1, 1990 deadline. The City ceased operation of the inciner t ubb,���l and therefore rightly believed that plans and specs pwe °�fLoejAd. qd r'/aats/L compliance with the July 1, 1990 deadline. Regio al correndence attempting to explain the situation of the July 1, 1990 deadline to the City is however on file. The City failed to take actions necessary for compliance with the strictest interpretation of their JOC and therefore is in fact liable for the penalties assessed by DEM. Regional staff believe that the City should pay a large portion of the stipulated demand and that the embarrassment of the assessment has brought City management's attention into proper focus on the wastewater treatment program. During our meeting, the City stated that they will be requesting JOC modification to accommodate existing conditions at their treatment facility. Regional personnel negotiated a modified JOC schedule during the November 26, 1990 meeting and are submitting JOC modifications attached to this memorandum. Also attached is a copy of the City's request for JOC modification. The modified JOC is the City 's plan for achieving a document reflective of current treatment facility conditions as well as the July 1, 1990 requiring submittal of plans and specs. To settle the stipulated demand, regional staff recommend that the Director offer to settle the City of Shelby's $16,200 stipulated demand for $12,500. The reduced amount is recommended as a result of the City's contrition, their long history of compliance prior to the JOC, their promise to do better, and their having hired a consultant, Mr. Gary McGill, to define and implement a plan to bring the City into consistent compliance with their final effluent limitations, and the City's submittal of a formal request for JOC modification. In considering Shelby's request for penalty reduction, you should be aware that as of the date of Shelby's request for JOC modification that their penalty had accrued to a t0tcL1 of $72,600. However, DEM's handling of the stipulated demand may be considered mitigating factors. The draft demand letter in the amount of $16,200 was dated August 8, 1990 and sent from the region to the central office for processing; on October 4, 1990 (approximately 2 months later) the demand letter was signed and sent from the central office without the $16,200 penalty's even having been updated. Additionally, a period of approximately five weeks lapsed between receipt of-Shelby's request on October 18, 1990 and".DEM's conduction of the negotiation on November 26, 1990. George Everett Memorandum December 5, 1990 Page Three Please contact Forrest Westall or me if there are questions or a need for additional information. xc w/attachments: Kevin Bowden Rex Gleason STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE GENERAL COURT O-F-JUSTICE SUPERIOR COURT >D"I V I S I ON CVS r' STATE -OF NORTH CAROLINA, ex rel ) WILLIAM W. COBEY, JR., Secretary) Department of Environment� Health and Natural Red sourcest ) ex rel ENVIRONMENTAL MANAGEMENT ) COMMISSION, ) Plaintiff, ) CONSENT JUDGMEE AMENDMENT V. ) (JOC #89-01 Ad) CITY OF SHELBY, ) Defendant. ) 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, as follows: 1. by amending paragraph 1 to read, The plaintiff is the sovereign State of North Carolina. The Department of Environment, Health and Natural Resources (EHNR) is an Agency of the State established pursuant to NCGS 143B-275, et sue; and William W. Cobey, Jr., is its Secretary. The Environmental Management Commission (EMC) is an Agency of the State established pursuant to NCGS 143B-282, et sea. 2. by amending paragraph 3 to read, The City of Shelby holds North Carolina NPDES Permit No. NCO024538 for operation 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 River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), and feral coliform. Compliance will require preparation of plans and specifications for, and construction and operation of, additional treatment works. The non-compliance 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. -2- 3. by amending paragraph 9a to read, (a) Meet and comply with all terms and condition s of the permit except those effluent limitations identified in paragraph 3 above. (See Attachments A-1, B-1, and C which are incorporated by reference herein, for all monitoring requirements and effluent limitations.) 4. by amending paragraph 9b to read, (b) Upon entry of the Consent Judgement, undertake the following activities in accordance with the indicated time schedule: 1) Complete a BOD study plus a comprehensive evaluation of the treatment system; implement any needed operational refinements and submit a report to DEHNR on or before . . . . . . . . June 1, 1991. 2) Submit plans and specifications, sufficient for EHNR approval, for needed facility modifications or additions on or before . . . . . March 1, 1992. 3) Begin construction (contractor on -site with authorization to proceed having been issued) on or before . . . . . . . . . . . . . . August 1, 1992. 4) Complete construction (all treatment units in place and fully operable) on or before . . . . . . . . . . . . . . . . . . . . . . . December 1, 1993. 5) Achieve compliance with final effluent limitations on or before . . . . . . . . . . . .April 1, 1994. 5. by amending paragraph 9c to read, (c) During the time :in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in Attachments A-1, B-1, and C. Additional case -by -case basis. These new requirements may be contained in either a new NPDES Permit or a letter from 'the Director. 6. By retitling Attachments A-2 and B-2 as A-1 and B-1 respectively and deleting Attachments A-1 and B-1. IT IS THEREFORE, upon the consent of the parties and without the taking of any testimony, ORDERED, ADJUDGED, AND DECREED: -3- The Consent Judgment entered herein is modified by by amending paragraph 9a to read, (a) Meet and comply with all terms and condition s of the permit except those effluent limitations identified in paragraph 3 above. (See Attachments A-1, B-1, and C which are incorporated by reference herein, for all monitoring requirements and effluent limitations.) 4. by amending paragraph 9b to read, (b) Upon entry of the Consent Judgement, undertake the following activities in accordance with the indicated time schedule: 1) Complete a BOD study plus a comprehensive evaluation of the treatment system; implement any needed operational refinements and submit a report to DEHNR on or before . . . . . . . . . . . . . . . . . . . . . . . . June 1, 1991. 2) Submit plans and specifications, sufficient for EHNR approval, for needed facility modifications or additions on or before . . . . . . . . . . . . . . . . .. . March 1, 1992. 3) Begin construction (contractor on -site with authorization to proceed having been issued) on or before . . . . . . . . .August 1, 1992. 4) Complete construction (all treatment units in place and fully operable) on or before . . . . . . . . . . . . . . . . . December 1, 1993. 5) Achieve compliance with final effluent limitations on or before . . . April 1, 1994. 5. by amending paragraph 9c to read, (c) During the time in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in Attachments A-1, B-1, and C. Additional case -by -case basis. These new requirements may be contained in either a new NPDES Permit or a letter from the Director. 6. By retitling Attachments A-2 and B-2 as A-1 and B-1 respectively and deleting Attachments A-1 and B-1. This the day of __, 19 BY CONSENT: FOR THE CITY OF SHELBY Mayor Attorney at Law FOR THE DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES AND ENVIRONMENTAL MANAGEMENT COMMISSION Director, Division of Environmental Management LACY H. THORNBURG Attorney General Assistant Attorney General Judge of Superior Court ATTACHMENT A - 1 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim During the period beginning on February 2, 1990, and lasting until April 1, 1992, the permittee is authorized to discharge from outfall(s) serial number 001. Such. discharge shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as specified Measurement Sample *Sample Monthly Avg. Weekly Avg. Frequency Type Location Flow 6.0 MGD Continuous Recording I or E BOD, 5-Day, 200C 45.0 mg/l 68.0 mg/1 Daily Composite I, E Total Suspended Residue 70.0 mg/l 105.0 mg/1 Daily Composite I, E NTH as N Weekly Composite E Dissolved Oxygen (minimum) 4.0 mg/1 4.0 mg/l Daily Grab E, U, D Fecal Coliform (geometric mean) 1000/100 ml 2000/100 ml Daily Grab E, U, D Residual Chlorine Daily Grab E Temperature Daily Grab E, U, D Total Nitrogen (NO2+NO3+TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Conductivity Daily Grab U, D Toxicity ** Quarterly Composite E Priority Pollutants *** Annually Composite E * Sample Location: I -Influent, E-Effluent, U-Upstream, D-Downstream ** See Attachment B-1 *** See Attachment C 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 samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. ATTACHMENT B-1 Consent Judgment City of Shelby Toxicity Testing Requirement The effluent discharge shall at not time exhibit chronic toxicity using test procedures outlined in: 1. The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedures - Revised *February, 1987) 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 City shall perform quarterly monitoring using this procedure to establish compliance with the toxicity requirements. Test shall 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 Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of., the waste stream. 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 Order may be reopened and modified to include alternate monitoring requirements or limitations. 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 tests and will require immediate retesting. Failure to submit suitable test results will constitute a failure of Order conditions. �pf SNE(� T YCity Of Shelby Shelby, North Carolina rn November 27, 1990 Office Of The Mayor George T. Ever Division of Env Department of En and Natural Resou Post Office Box 27 Raleigh, North Carc Dear Dr. Everett: _/611-7687 Telephone: 484-6801 RE: Consent Judgement Amendment JOC Number 89-01 With regard to the referenced Judicial Order by Consent, representatives of the City of Shelby met with Mr. Forrest Westall and Mr. James Reid of the Asheville Regional Office today in Shelby. This meeting was a result of the stipulated penalties against the City of Shelby as detailed in your October 4, 1990 letter and our expressed desire to discuss the mitigating circumstances that enter into the situation. Our discussions were very helpful to both parties in understanding the series of events that led to the stipulated penalties. These penalties have resulted from the failure of the City to submit plans and specifications on July 1, 1990 for unspecified improvements to the treatment plant. These plans and specifications were not submitted since there was not any way to know at that time what capital improvements may be nec- essary to achieve BOD compliance. All other NPDES compliance parameters have been met in accordance with the JOC schedule. The treatment processes have changed considerably at our treatment plant since the original signing of the JOC to the point where the required activities of the JOC are no longer pertinent. At our meeting today, we jointly formulated a plan of attack on the remaining problem, i.e. BOD compliance. We therefore respectively request that the JOC be amended immediately to include the following series of activities and time schedules: ACTIVITY Complete comprehensive evaluation of the existing treatment facilities to assess the proper actions to achieve WPDES permit compliance to include implementation recommendations. DATE June 1, 1991 RECEIVED Water Quality Section NOV 2 Y logo Asheville Regional Office Asheville, North Carolina • � . Page 2 ACTIVITY DATE Submit plans and specifications sufficient March 1, 1991 for DEM approval for improvements to the treatment facilities pursuant to the evaluation study recommendations. Begin construction of the improvements. August 1, 1992 Complete construction of the improvements. December 1, 1993 Achieve final effluent compliance April 1, 1994 Since the July 1, 1990 schedule date was impractical to meet with plans and specifications under the circumstances, we ask that this letter serve as our July 1, 1990 submittal to satisfy the plan toward achieving compliance. We corresponded with the Asheville Regional Office about this matter or, June 23, 1990 and have found Mr. Westall and Mr. Reid most helpful in working through the complex issues. We now have jointly agreed that the outline of events and the.proposed schedule presented herein is more realistic and compatible with our treatment facility and the current circumstances. We assure you that the City of Shelby is committed to solving this problem and appreciate the cooperation and support of your staff. We look forward to your response as soon as possible. Should there by any questions or concerns, please advise. Sincerely, LP �'H'�n • v1/' George W. C1 Jr. Mayor GWC/ir cc: Robert Gidney, Director of Utilities Jim Reid, Asheville Regional Office Rex Gleason, Mooresville Regional Office Gary McGill, McGill Associates, P.A. Nrh'1'URA){s SCA1F'v�'1, J A. M ._ 1 1991 1�'/State of North C N Department of Environment, Healti �1 Asheville Regional C James G. Martin, Governor William W. Cobey, Jr., Secretary DIVISION OF ENVIR014MENTAL MANAGEMENT WATER QUALITY SECTION November 2, 1990 Honorable George W. Clay, Jr. Mayor of Shelby Post Office Box 207 Shelby, North Carolina 28150 Subject: Stipulated Penalties Wastewater Treatment City of Shelby Cleveland County Dear Mayor Clay: Ann 8. Urr Regional Manager JOC 89-01 Facility This letter is provided on behalf of the Director in response to the City of Shelby's October 18, 1990 request for negotiation of stipulated penalties assessed in accordance with terms of Judicial Order by Consent Number 89-01 under which the City of Shelby is currently operating their wastewater treatment facility. Days on which discussion would be convenient for Division of Environmental Management personnel are November 14 (afternoon), 15, or 26 (afternoon). Please select a date on which the City and their representatives would be able to meet with Division of Environmental Management representatives in the Asheville Regional Office and advise me of that date along with a convenient time. If none of the suggested dates are agreeable, others could be arranged. I can be reached at telephone number 704-251-6208. Thank you for your attention to this matter. Sincerely, 9� James R. Reid 10-� Environmental Chemist xc: Robert Gidney Don Rhom Gary McGill Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208 An Enual Onoortunity Affirmative Acrinn Fmnlnver J� y State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Marlin, Govemor William W. Cobey, Jr., Secretary . October 1, 1990 Mr. Don Rhom, Plant Engineer City of Shelby Wastewater Treatment Facility' Box 207 Shelby, North Carolina 28150 Dear Mr. Rhom: George T. Everett, Ph.D. Director ,s�)� "To� 40edlm AZ Subject: Monitoring Schedule Modification City of Shelby Wastewater- Treatment Facility Cleveland Country This letter_ is provided in response to the City of Shelby's written request received August 23, 1990 concerning metals monitoring requirements included in JOC # 89-01 - Allocation # 2 dated November 2, 1989. Increased monitoring was required in Allocation # 2 as a result of aquatic toxicity concerns associated. with Curtis Wright's metals finishing wastestream and the City's discharge location at Hickory Creek. On January 26, 1.990 the City of Shelby relocated their outfall. from Hickory Creek to the First Broad River_. Since relocation of the wastewater discharge point, the treatment facility has consistently been in compliance with chronic toxicity requirements at the First Broad River location. As a result of demonstrated toxicity compliance and continued toxicity monitoring and r_epo.-ting_requirements contained in the City of Shelby's Judicial Order by_Consen_t_ and NPDES Permit, the metals monitorin requirements contained in JOC #89-01 - Allocation # —----------- ----------------- ------ ------------ 2 are hereby rescinded. Please contact Mr. James Reid in the Asheville Regional Office at telephone number 704-251-6208 if th.ere are questions concerning the City of Shelby's effluent limitat-ions or monitoring and reporting requirements. Since: y, RECEIVED Water Quality Section George T. erett. OCT 1 0 1990 Po1ludon Prevention Pays ,Asheville Regional, Off i% P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015Asheville, North Carolina a STAT£ o- /f State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street ® Raleigh, North Carolina 27611 James G. Martin, Governor November 2, 1989 William W. Cobey, Jr., Secretary The Honorable George W. Clay Mayor of the City of Shelby P.O. Box. 207 Shelby, North Carolina 28150 SUBJECT: Judicial Order by Consent Allocation Request City of Shelby JOC # 89-01, Allocation #2 NPDES Permit No. NC0024538, Cleveland County Dear Mayor Clay: R. Paul Wilms Director In accordance with the City's request of October 6, 1989, and as allowed under paragraph 10 of the subject Consent Judgment and pursuant to the provisions of NCGS 143-215.67(b), I hereby authorize the acceptance of up to 300 GPD of additional industrial/domestic wastewater into the Shelby Wastewater Treatment Plant. This allocation is supplementary to a previous allocation authorizing the acceptance of up to 2.18 MGD of additional wastewater which was granted by letter dated August 30, 1989. The Division may evaluate toxicity at the Shelby Wastewater Treatment Plant and any study which projects significant impacts on the receiving stream may result in the Division suspending flow allocations to the treatment system. Acceptance of flow into the treatment facility is subject to the following conditions: 1). The 300 GPD industrial/domestic allocation shall be committed to Curtis Wright Flight Systems. 2). The City of Shelby shall immediately begin weekly effluent monitoring for the following metals: cadmium, ! chromium, copper, cyanide, mercury, nickel, lead, zinc, I and silver. i P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer / I The Honorable George W. Clay November 2, 1989 Page 2 3). Monthly reports on connections to the system shall be submitted to the attention of Mr. Roy Davis, Department of Environment, Health, and Natural Resources, Division of Environmental Management, 59 Woodfin Place, Asheville, NC 28801 listing those projects which have allocated flows, amount allocated, and once connected data on actual water consumption. Please note that any violation of your Consent Judgment including effluent limitations and schedule dates shall be enforced thereunder and shall terminate this flow allocation. Any portion of the authorized additional waste not previously connected to the system shall not thereafter be connected until the necessary sewerage system improvements have been completed and placed in operation. If you have questions please contact Mr. James R. Reid of our Asheville Regional Office at 704/251-6208. Since 'qly, : 1 R. Paul Wilms cc:110. v Steve Tedder Kevin Bowden Permits and Engineering Dave Wilkison, Town Manager .F-CEIVE Water Quality Secticvn NOV � - ��� khevii!e ,Asheville, North carolina / ors !3) —r Ce�1F�o Q �i 1,,j TATE OF NORTH CARD V" LI THE GENERAL COURT OF JUSTICE � CEiV�® COUNTY OF CLEVELAND JUL 2 5 1989 SUPERIOR COURT DIVISION Enforcement And �' r- mmp,, STATE OF NORTH CAROLFFZNge�gxpp epope William W. Cobey, Jr., Secretary, i Department of Natural Resources c-D and Community Development, and ex rel ENVIRONMENTAL MANAGEMENT COMMISSION, ) n LJ Plaintiff, ) CONSENT JUDGMENT V. ) (JOC # 89=01)_: CITY OF SHELBY, ) Defendant. ) 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 all matters in controversy between them as alleged in the Complaint have been settled and that they have consented to the entry of the Consent Judgment upon the following stipulations and terms: STIPU:{._,ATED FACTS 1. The plaintiff is the sovereign State of North Carolina. The Department of Natural Resources and Community Development (NRCD) is an agency of the State established pursuant to NCGS 143B-275, et seq; and William W. Cobey, Jr., is its Secretary. The Environmental Management Commission (EMC) is an agency of the State established pursuant to NCGS 143B-282, et sect. / r 2 2. The defendant, City of Shelby, in the County of Cleveland, North Carolina, is an incorporated municipality established and created under North Carolina law. The current mayor of Shelby is George Clay, upon whom service of process may be made pursuant to Rule 4(j) (5)a of the Rules of Civil Procedure. 3. The City of Shelby holds North Carolina NPDES Permit No. NC0024538 for operation of an existing wastewater treatment works, the Shelby Wastewater Treatment Plant, and for making an outlet therefrom for treated wastewater to Hickory Creek, Class C waters of the State, in the Broad River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), fecal coliform, and toxicity as set forth in the -Permit. Compliance will require preparation of plans and specifications for, and construction and operation of, additional treatment works. The noncompliance with final effluent limitations constitutes*causingand 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. 4. 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 F.R. 3832, January 30, 1984, adopted by the United States Environmental Protection Agency for assuring compliance with the federal Clean Water Act, 33 U.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 until July 1, 1988 if construction was required for compliance, pursuant to 91311(i)], the Department and Commission 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 has appropriated funds and contracted with a consulting engineer who will investigate in detail the present procedures at the treatment facility and the waste streams being received, and will make recommendations for changes and procedures necessary to bring the City into compliance with final effluent limitations. STIPULATED TERMS 6. The defendant, City of Shelby, waives service of process, accepts service of the Complaint, and admits all averments contained in the Complaint. 7. The defendant, City of Shelby, shall pay all court costs in this cause. '.1 8. The parties agree that this Consent Judgment supersedes the requirements of any previously entered Special'Orders by Consent and constitutes full settlement of all matters referred to in the Complaint, with the following caveat: the plaintiff reserves all rights to otherwise assess appropriate civil penalties pursuant to NCGS 143-215.6(a) 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 Consent Judgment is supplementary to the obligations of the defendant under state and federal water quality statutes. 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-1, A-2, B-1, B-2 and C which are incorporated by reference herein, for all monitoring requirements and effluent limitations.) (b) Upon entry of the Consent Judgment, undertake the following activities in accordance with the indicated ,time schedule: 1) Submit plans and specifications to NRCD for an outfall line to relocate the Shelby ,�1 Wastewater Treatment Plant's discharge point d' t11 from Hickory Creek to the First Broad River e ccJ _y Attalong with a request for authorization to jD` hl.c+`NCO g �I,,Qjjjconstruct the line by ............ July 1, 1989. "J� 2) Complete construction of the outfall line by ............................February 1, 1990. C h �L TI]\ 3) Submit plans and specifications to NRCD, which are sufficient to obtain its approval, for improvements to treatment works, including description of funding sources by ................................July 1, 1990. 4) Award contracts on or before ................. .............................January 1, 1991. 5) Begin construction (notice to proceed issued and contractor on site) on or before........ ...............................March 1, 1991. 6) Complete construction . (all treatment components in place and functional) of proposed additional treatment facilities on or before ...................January 1, 1992. 7) Achieve compliance with final effluent limitations by...0.0.... 0... ...April 1, 1992. (c) . During the time in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in Attachments A-1, A-2, B-1, B-2 and C. 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 any date or time identified for accomplishment of any activity listed in 9(b) above, submit to the NRCD, 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 noncom- pliance, remedial action(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 11 - Chapter IV 401.2, 401.3). (f) Develop and adopt sewer use ordinance limits for non -conventional pollutants Implement the pretreat- ment program as approved by the Director, including the enforcement of both categorical pretreatment standards and local limits. (g) Continue its program of infiltration/inflow identification and correction and submit reports to the NRCD Asheville Regional Office by the last day of each month. (h) Deny acceptance of any septage, sludge, or residue from any domestic or industrial septic tank, pretreatment facility, or wastewater treatment facility into the Shelby Wastewater Treatment Plant or into any portion of the sewerage system that is tributary thereto. Consent Judgment ATTACHMENT B-2 City of Shelby Toxicity Testing Requirement 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 *February, 1987) 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 City shall.perform quarterly monitoring using this procedure to establish compliance with the toxicity requirements. Tests shall 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 Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Caroling. Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of the waste stream. 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 Order may be reopened and modified to include alternate monitoring requirements. 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. Failure to submit suitable test results will constitute a violation of Order conditions. (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 later 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 flows are prohibited by NCGS 143-215.67(a). However, notwithstanding the entry of this Consent Judgment, the plaintiff Commission, or its delegate, may allow the City of Shelby to accept additional waste flows to its Shelby Wastewater Treatment Plant, pursuant to the provisions of NCGS 143-215.67(b), where appropriate. 11. Unless excused under Paragraph 12, the defendant City of Shelby, shall pay the plaintiff Department and Commission the following stipulat=d penalties for failure to meet the deadlines set out in Paragraph 9(b): DEADLINE PENALTY AMOUNT 1) Submit plans and speci- $100/day for first 7 fications to relocate outfall days, and $500/day thereafter 2) Complete construction of outfall line 3) Plans and specifications 4) Award contracts 5) Construction initiation 6) Construction completion 7) Compliance with final effluent limitations same same same same same $7000 (Single Penalty) Payments shall be made by certified check, made payable to the "Department of Natural Resources and Community Develop- ment", 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 be reasonably 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 any party to the Court for judicial resolution. If exigencies require, a party may refer the matter 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 Consent Judgment may be enforced by and through the contempt powers of the Court. 14. This Consent Judgment shall terminate on July 1, 1992; except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request for dispute resolution may be made within 90 days thereafter. Following the expiration of this Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6. 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 Consent Judgment. 3. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the 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. \` This the day of 1989. BY CONSENT: FOR THE CITY OF SHELBY " AX4" May r A FOR THE DEPARTMENT OF NAT/RESO R -ES AND AND AND N V I RON 0MAID ,E Director, Divisdon of Environmental Management LACY H. THORNBURG A TORNEY GENE SISTANT ATTORNEY GENE TY DEVELOPMENT COMMISSION ATTACHMENT A-1 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim During the period beginning on the effective date of the Order and lasting until February 1, 1990, the permittee is authorized to discharge from outfall serial numbers) - 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Other Units Specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Frequency Type Locatior. Flow 6.0 MGD Continuous Recording I or E o BOD, 5Day, 20 C 45.0 mg/l 66.0 mg/l Daily Composite I,E Total Suspended Residue 70.0 mg/1 105.0 mg/1 Daily Composite I,E NH3 as N Daily Composite E Dissolved Oxygen (minimum) 4.0 mg/l 4.0 mg/1 Daily Grab E,U,D Fecal Coliform (geometric mean) 1000/100 ml 2000/100 ml Daily Grab E,U,D Residual Chlorine Daily Grab E Temperature Daily Grab E,U,D Total Nitrogen (NO2 +.NO3-+ TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Conductivity Daily Grab U,D Toxicity ** Quarterly Composite E Priority Pollutants *** Annually Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream ** See Attachment B-1 *** See Attachment C 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 samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. ATTACHMENT A-2 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim During the period beginning on February 2, 1990,,and lasting until April 1, 1992, the permittee is authorized to discharge from outfall serial number(s) - 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Other Units (Specify) Measurement Sample *Sample Monthly Avg Weekly Avg. Frequency Type Location Flow 6.0 MGD Continuous Recording I or E BOD, SDay, 200C 45.0 mg/l 68.0 mg/1 Daily Composite I,E Total Suspended Residue 70.0 mg/1 105.0 mg/1 Daily Composite 1,E NH3 as N Weekly Composite E Dissolved Oxygen (minimum) 4.0 mg/1 4.0 mg/1 Daily Grab E,L',D Fecal Coliform (geometric mean) 1000/100 ml 2000/100 ml Daily Grab E,U,D Residual Chlorine Daily Grab E Temperature - Daily Grab E,U,D Total Nitrogen (NO 3 4 NO 2 �+ TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Conductivity Daily Grab U,D Toxicity ** Quarterly Composite E Priority Pollutants *** Annually Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream ** See Attachment B-2 *** See Attachment C 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 crab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. Consent Judgment ATTACHMENT B-1 City of Shelby Toxicity Testing Requirement The effluent discharge chronic toxicity analyses shall be performed using test procedures outlined in: 1. The North Carolina Cerioda_phnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *February, 1987) or subsequent versions. The target effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 730 (defined as treatment two in the North Carolina procedure document). The City shall perform quarterly monitoring using this procedure to establish compliance with the toxicity requirements. Tests shall 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 Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of the waste stream. 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 Order may be reopened and modified to include alternate monitoring requirements. 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. Failure to submit suitable test results will constitute a violation of Order conditions. ATTACHMENT C City of Shelby The Permittee shall conduct a test for pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1. A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis (APA) Monitoring Requirement Reporting Form A, to be provided to all dischargers affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis" (APA). 2. Other significant levels of synthetic organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 CC/MS peaks in each organic chemical analytic fraction (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Monitoring Requirement Reporting Form A should be identified and approximately quantified as stated in the APA Reporting Form A instructions. This part (item 2) of the APA monitoring requirement is to be referred to as the "10 significant peaks rule". M N State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street + Raleigh, North Carolina 27611 James G. Martin, Governor . R. Paul Wilms William W. Cobey, Jr., Secretary August 30, 1989 Director The Honorable George W. Clay Mayor, City of Shelby Post Office Box 207 Shelby, North Carolina 28150 SUBJECT: Judicial Order by Consent -Allocation RIequest City of Shelby - JOC # 89-01, Allocation # 1 NPDES NC0024538, Cleveland County Dear Mayor Clay: In accordance with the City's request of August 8, 1989, and as allowed under paragraph 10 of the subject Consent Judgement (JOC 89-01) and pursuant to the provision of NCGS 143-215.67(b), I hereby authorize the acceptance of up to 2.18 MGD of.additional wastewater into the Shelby Wastewater Treatment Plant-. This is the maximum additional flow that can be allowed during the term of the Judicial Order under present flow conditions; the total plant flow during the term of the Judicial Order shall not exceed 5.5 MGD. Any flows which may have been allocated under a previous Special Order and are not connected to the system shall be included in this allocation. The City should allocate this flow to proposed proiects carefully to allow for orderly growth during the term of this Judicial Order. The Division may evaluate toxicity at the Shelby Wastewater Treatment Plant and any study which projects significant impacts on the receiving stream may result in the Division suspending flow allocations to the treatment system. Acceptance of flow into the treatment facility is subject to the following conditions: 1) All additional wastewater shall have characteristics not exceeding that of normal domestic wastewater. 2) Monthly reports shall be submitted to the attention of Mr. Roy Davis, Department of Environment, Health and Natural Resources; Division of Environmental Management; 59 Woodfin Place; Asheville, N. C. 28801 listing those R I~ C, E I ors r D projects which have been allocated flows, amount allocated, and once connected data on actual water Water Coa�'t S: tiC�l consumption. 1 SEP 1 1 i9S9 Asheville Regioi i Office / Asheville, Horth Carolina P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Honorable George W. Clay August 30, 1989 Page 2 Please note that any violation of terms of your Consent Judgement including effluent limitations and schedule dates shall be enforced thereunder and shall terminate this flow allocation. If you continue to operate under this increased flow allocation after a violation has occurred, You will be considered to be in violation of the flow originally allocated to .you in. the Consent. Judgment. Any portion of the authorized additional waste not previously connected to the system shall not thereafter be connected until the necessary sewerage system improvements have been completed and placed in operation. If you have questions, please contact Mr. James Reid of 7044/251-6208. cc: Roy M. Davi Steve Tedder Rent Wiggins Permits and Engineering Dave Wilkinson, Town Manager or if we can be of any further assistance. our Asheville Regional Office at Sin rely, !' R. Paul Wilms State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary August 30, 1989 Mr. Robert S. Gidney, Director of Utilities City of Shelby Box 207 - Washington at Graham St. Shelby, N.C. 28150 Dear Mr. Gidney: R. Paul Wilms Director Subject: Permit No. NCO024538 Authorization to Construct Amendment Wastewater Treatment Facility Effluent Line Relocation Cleveland County A letter of request for an Authorization to Construct was received July 10, 1989 by the 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 approximately 1,150 linear feet of 42-inch effluent line to serve the City of Shelby Wastewater Treatment Plant with discharge of treated wastewater into the First Broad River. This Authorization to Construct is issued in accordance with Part III, paragraph B of the NPDES Permit No. NIC0024538 issued August 3, 1988, 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 Permittee must employ a certified wastewater operator in accordance. with Part III paragraph C of the referenced permit. 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 North Carolina Division of Environmental Management. The Asheville Regional Office, telephone number 704J 251-6208 shall be notified at least twenty-four (24) hours in advance of backfilling of the installed system, so that an in -place inspection can be made. Such notification to the Regional Supervisor shall be made during the normal office hour from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State holidays. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer E, "r 0 In event the facilities fail to perform satisfactorily in meeting its NPDES permit effluent limits, the permittee shall take such immediate corrective action as may be required by this Division, including the construction of additional wastewater treatment and disposal facilities. Upon completion of construction and prior to operation of this permitted facility, a certification must received from a professional engineer certifying that the permitted facility has been installed in accordance with the approved plans and'specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, NC 27611-7687. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the permit. One (1) set of approved plans and specifications is being forwarded to.you. If you have any questions or need additional information, please contact Mr. John Seymour, telephone number 919/733-5083. Sincerely, / R. Paul Wilms o cc: Cleveland County Health Department VAsheville Regional Office John Campbell Permit No. NCO024538 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full rime) the construction of the project, , for the Project Name or Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction .such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer A.G.'S File Copy RECEIVED . STATE OF NORTH CAROLIU 5 19891N THE GENERAL COURT OF JUSTICE SUPER8ORCCOURT DIVISION Enforcement And COUNTY OF CLEVELAN#?ner enc g Y Res. orse < Le STATE OF NORTH CAROLINA, ex rel � William W. Cobey, Jr., Secretary,. Department of Natural Resources ) U fry and Community Development, and ) 00 ex rel ENVIRONMENTAL MANAGEMENT ) :0 COMMISSION, ) •60 Plaintiff, ) COMPLAINT V. ) (JOC # 89-01) CITY OF SHELBY, ) ) Defendant. ) Plaintiff, complaining of the Defendant, alleges and says: PARTIES 1. The plaintiff is the sovereign State of North Carolina. The Department of Natural Resources and Community Development (NRCD) is an agency of the State established pursuant to NCGS 143B-275, et seq; and William W. Cobey, Jr., is its Secretary. The Environmental Management Commission (EMC) is an agency of the State established pursuant to NCGS 143B-282, et seq. 2. Plaintiff is authorized to bring this action for injunctive relief for violations or threatened violations of the State's water quality statutes, by reason of NCGS 143-215.6(c)_. Plaintiff administers the water quality control program of the State of North Carolina, and is the delegatee 'of the federally -mandated National Pollutant Discharge Elimination System (NPDES) program established by the §402 of the Clean Water Act, 33 U.S.C. §1342. 3. The defendant, City of Shelby, in the County of Cleveland, North Carolina, is an incorporated municipality established and created under North Carolina law. The current mayor of Shelby is George Clay, upon whom service of process may' be made pursuant to Rule 4(j)(5)a of the Rules of Civil Procedure. JURISDICTION 4. NCGS 143-215.6(c) authorizes the Superior Court to hear the complaint and motion for injunctive relief of the Secretary of the Department of Natural Resources and Community Development, seeking to obtain compliance by the City of Shelby with the water quality statutes of this State and the permits issued thereunder. 5. NCGS 143-215.6(c) likewise makes the Superior Court of Cleveland County the appropriate venue for this cause. INTRODUCTION 6. NCGS 143-211 expresses the "intent of the General Assembly that the powers and .duties of the Environmental Management Commission and the Department of Natural Resources and Community Development be construed so as to enable the Department and the Commission to qualify to administer federally mandated programs of environmental management...." To this end, the Department has obtained appropriate delegations from the United States Environmental Protection Agency to administer and enforce the NPDES program. 7. The federal Clean Water Act, as amended, 33 U.S.C. §1251 et seq., (hereinafter CWA) requires all entities who discharge into the navigable waters of the United States to obtain a National Pollution Discharge Elimination System (NPDES) permit from the Environmental Protection Agency (EPA) in accordance with standards set by the Administrator of the Agency. 33 U.S.C. 91342(a). The Administrator can, however, "authorize" a state to issue NPDES permits in his stead if the state permitting program is at least equal to that under the CWA. 33 U.S.C. §1342(b). Thus, a discharge permit issued by an "authorized" state satisfies both the federal NPDES permit requirement and the state law permit requirement of the issuing state. The discharge permit requirement for the State of North Carolina is NCGS 143-215.1. 8. To maintain its status as an "authorized" state, North Carolina must demonstrate its ability to ensure, inter alia, that NPDES permits in North Carolina- meet certain requirements set forth in the Clean Water Act or otherwise established by.the Administrator of EPA under the Act. 33 U.S.C. §1342(b)(1). One of these requirements is that all publicly -owned treatment works (POTWs) or municipal sewage treatment plants were to be in compliance- with discharge standards set forth in the CWA for such facilities no later than July 1, 1988. 33 U.S.C. §1311(b) and 1311(i). 9. On January 30, 1984, EPA announced a National Municipal Policy to ensure that all POT Ws meet the July 1, 1988 deadline for compliance with EPA standards. 49 F.R. 3832, January 30, 1984. Under the plan, each POTW not in compliance with EPA standards was required to develop a plan of correction to meet the standards on or before July 1, 1988. These plans were to be submitted to the .NPDES permitting authority, such as North Carolina, which, in turn, would work out a compliance schedule with the particu- lar municipality. 10. In response to the National Municipal Policy and in recognition of the July 1, 1988, deadline for compliance, the Department and Commission, inter alia, identified those POTWs within the State of North Carolina where there were extraordinary circumstances that made it impossible for the affected municipality to meet the July 1, 1988 compliance date. The Department and Commission ad- dressed, and continues to address: 1) completed facilities that are not in compliance; 2) municipalities that are in the construction grants process to receive funding from federal and. state sources; and 3) municipalities that need construction to meet statutory requirements but may not receive federal or state.grant assistance. 11. Appropriate administrative orders or penalties are pursued where necessary and authorized. However, the National Municipal Policy, and the North Carolina strategy for its implementation, requires that, where extraordinary circumstances precluded compliance by POTWs by July 1, 1988, such POTWs be placed on judicially enforceable schedules for achieving compliance as soon as possible thereafter. FACTS APPLICABLE TO THIS ACTION 12. The City of Shelby holds North Carolina NPDES Permit No. NC0024538 for operation of an existing wastewater treatment works, the Shelby Wastewater Treatment Plant, and for making an outlet therefrom for treated wastewater to Hickory Creek, Class C waters of this State, in the Broad River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), fecal coliform, and toxicity as set forth in the Permit. Compliance will require preparation of plans and specifications for, and construction and operation of, additional treatment works. The 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. M 13. 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. REMEDY 14. The Shelby _Wastewater Treatment Plant of the City of. Shelby is currently being operated in non-compliance with the State's water quality statutes and was unable to correct its non-compliance by July 1, 1988. The operation of the plant is a violation or threatened violation of the water quality statutes, giving rise to injunctive relief under NCGS 143-215.6(c). Continued operation of the plant 'is not in the public interest, unless coupled with a definite, enforceable schedule of events leading to compliance as soon as possible. 15. The injury suffered by the State and its citizens is continuing, immediate, pressing and irreparable, and is clearly established by this verified Complaint. CLAIM FOR RELIEF WHEREFORE, the plaintiff prays the Court: 1. To, consider this verified Complaint as an affida-vit upon which to base all.orders of the Court. 2. To issue a preliminary injunction, and a permanent injunction upon trial on the merits, restraining and enjoining the defendant, City of Shelby, from operating the Shelby Wastewater Treatment Plant in violation of the North Carolina water quality statutes, the federal Clean Water Act, and any permits issued thereunder, or in the alternative, To issue a preliminary injunction, and a permanent injunction upon trial on the merits, restraining and enjoining the defendant, City of Shelby, from operating the Shelby Wastewater Treatment Plant, unless said operation is undertaken pursuant to a definite, enforceable schedule leading to compliance as soon as possible. 3. To tax the costs of this action to the defendant, City of Shelby. 4. To grant such further relief as the Court may deem appropriate. This the /to day of— 1989. LA H. THORNBURG Attorney General C Daniel C. Oakley Special Deputy Attorney General P.O. Box 629 Raleigh, N.C. 27602-0629 919/733-5725 i STATE OF NORTH CAROLINA COUNTY -OF CLEVELAND VERIFICATION DENNIS_R. RAMSEY, first being duly sworn, deposes and says that he is the Assistant Chief for Operations of the Water Quality •Section of the Department of Natural Resources and Community Development, that he has read the foregoing Complaint against the City of Shelby and that he is familiar with all of the facts and circumstances stated therein; that the, same are true of his own knowledge except as to those matters and things stated and alleged upon information and belief,- and as to those matters and things he believes them to be true. Dennis R. Ramsey Subscribed and sworn to before me this the /S__ .day of 1989. _'O Notary Public. My Commission Expires: —/--,9,:? (SEAL) FACILITY `le. COUNTY 1 U��CJI CLASS MAILING ADDRESS JA RESPONSIBLE FACILITY OPERATOR OFFICIAL REPRESENTATIVE TELEPHONE NO. �ob� , �i 411 nn J , WHERE LOCATED �; reQAov �1 I ��i � �18q - ���� 7a�1- ►��(- �� S� Ll 0 q_ ` &CJ{i%�j ; a Ga NPDES PERMIT NUMBER NC OCR ;�, g- S-3 g STATE FEDERAL CERT. NUMBER CLASS OTHER PERMIT NO. DATE ISSUED DATE ISSUED EXPIRATION DATE _ STREAM: NAME CLASS 7910 SUB —BASIN I y 1 Permit No. NCO024538 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE TIONAL POLLUTANT DISCHARGE ELIMINATION S In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Shelby is hereby authorized to discharge wastewater from a facility located at Six Miles south of Shelby off of NC Highway 18 Cleveland County to receiving waters designated as Hickory Creek in the Broad River Basin, until the ,the discharge is relocated at which time the receiving waters shall be the First Broad River in the Broad River Basin. in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Pats I, II, and III hereof. This permit shall become effective September 1, 1988 This permit and the author 31, 1991. Signed this day August 3, tion to discharge shall expire at midnight on October 0riginad Signed 3y ARTHUR MOUBEi FZY For; R. Paul Wilms, 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 the operation of a 6.0 MGD high -rate trickling filter wastewater treatment facility located 6 miles south of Shelby off of NC Highway 18 in Cleveland County (See Part III of this Permit), and 2. Discharge from said treatment works into Hickory Creek which is classified Class "C" waters in the Broad River. Basin, and 3. Make an outlet into the First Broad River, and 4. After receiving an Authorization to Construct from the Division of Environmental Management, relocate the discharge point and discharge from said treatment works into the First Broad River .which is classified Class "C" waters in the Broad River Basin. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final NPDES No. NC0024538 During the period beginning on the effective date of the Permit and lasting until discharge relocation or expiration, the Permittee is authorized to discharge from outfal.l(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Other Units (Specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Frequency Tie Location _ )w 6.0 MGD Continuous Recording I or E BOD, SDay, 20 Degrees C*` 30.0 mg/1 45.0 mg/1 Daily Composite E, I Total Suspended Residue*** 40.0 mg/l 60.0 mg/1 Daily Composite E, I NH3 as N Daily Composite E Dissolved Oxygen (minimum) 4.0 mg/l 4.0 mg/1 Daily Grab E, U, D Fecal Coliform (geometric mean) 1000.0/100 ml 2000.0/100 ml Daily Grab E, U, D Total Residual Chlorine Daily Grab E Temperature Daily Grab E, U, D Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus V Quarterly Composite E Chronic Toxicity ** y yy* Quarterly Composite E Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream . 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. ^y The monthly average effluent BODS concentration shall not exceed 20% of the influent value (80%) removal. The monthly average effluent Total Suspended Residue concentration shall not exceed 27% of the influent value (73% removal) y*** See Part III, Condition No. I; Chronic Toxicity (Ceriodaphnia) P/F at 73%; May, August, November, and February. 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. M 3 - -� A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final NPDES No. NC0024538 During the period beginning upon discharge relocation and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Other Units (Specify) Measurement Sample Sample Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Frequency Tie Location w 6.0 MGD Continuous Recording I or E BDD, SDay, 20 Degrees C*- 30.0 mg/l 45.0 mg/1 Daily Composite E, I Total Suspended Residue*** 40.0 mg/1 60.0 mg/1 Daily Composite E, I NH3 as N Weekly Composite E Fecal Coliform (geometric mean) 1000.0/100 ml 2000.0/100 ml Daily Grab E Total Residual Chlorine Daily Grab E Temperature Daily Grab E Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Chronic Toxicity Quarterly Composite E :; Sample locations: E - Effluent, I - Influent. �s The monthly average effluent BODS concentration shall not exceed 20°0 of the influent value (80%) removal. ** The monthly average effluent Total Suspended Residue concentration shall not exceed 27% of the influent value (73% removal) yy^* See Part III, Condition No. J; Chronic Toxicity (Ceriodaphnia) P/F at 12%; May, August, November, and February. 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. M3 Part III Permit No. NCO024538 J. Chronic Toxicity Testing Requirement 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 *February 1987) 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: Technical North Carolina Division PO Raleigh, North Services Branch of Environmental Management Box 27687 Carolina 27611-7687 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 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 limitations. 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 non-compliance with monitoring requirements. A-�eq GJ ✓ �.�JJ.y ,'%��,��1(�S ��s�(3� --a C'2✓t,Tib.� �l het STATE OF NORTH CAROLIWEfVDTHE GENERAL COURT OF JUSTICE JUL2 5 1989 SUPERIOR COURT DIVISION COUNTY OF CLEVELAND 89 CVS c-) c Enforcement And FF STATE OF NORTH CAROLZNmmp fgengxReppgse ) _ William W. Cobey, Jr., Secretary, ) N) Department of Natural Resources and Community Development, and ) c, ex rel ENVIRONMENTAL MANAGEMENT COMMISSION, ) n Plaintiff, ) �J CONSENT JUDGMENT V. ) (JOC # 89ROI)' L'' `VI Wa cr f ua!1`y CITY OF SHELBY, Defendant. THIS CAUSE came on to be heard this dayAsbeey'of''r�eorif�tChel;na undersigned Judge of Superior Court upon joint appearance by. the parties, who have announced to the Court that all matters in controversy between them as alleged in the Complaint have been settled and that they have consented to the entry of the Consent Judgment upon the following stipulations and terms: STIPULATED FACTS 1. The plaintiff is the sovereign State of North Carolina. The Department of Natural Resources and Community Development (NRCD) is an agency of the State established pursuant to NCGS 143B-275, et seg; and William W. Cobey, Jr., is its Secretary. The Environmental Management Commission (EMC) is an agency of the State established pursuant to NCGS 143B-282, et sect. 2 2. The defendant, City of Shelby, in the County of Cleveland, North Carolina, is an incorporated municipality established and created under ,North Carolina law. The current mayor of Shelby is George Clay, upon whom service of process may be made pursuant to Rule 4 (j) (5) a of the Rules of Civil Procedure. 3. The City of Shelby holds North Carolina NPDES Permit No. NC0024538 for operation of an existing wastewater treatment works, the Shelby Wastewater Treatment Plant, and for making an outlet therefrom for treated wastewater to Hickory Creek,, Class C waters of the State, in the Broad River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), fecal coliform, and toxicity as set forth in the -Permit. Compliance will require preparation of plans and specifications for, and construction and operation of, additional treatment works. The 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. 4. 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 F.R. 3832, January 30, 1984, adopted by the United States Environmental Protection Agency for assuring compliance with the federal Clean Water Act, 33 U.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 until July 1, 1988 if construction was required for compliance, pursuant to §1311(i)], the Department and Commission 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 has appropriated funds and contracted with a consulting engineer who will investigate, in detail the present procedures at the treatment facility and the waste streams being received, and will make recommendations for changes and procedures necessary to bring the City into compliance with final effluent limitations. STIPULATED TERMS 6. The defendant, City of Shelby, waives service of process, accepts service of the Complaint, and admits all averments contained in the Complaint. 7. The defendant, City of Shelby, shall pay all court costs in this cause. B. The parties agree that this Consent Judgment supersedes the requirements of any previously entered Special'Orders by Consent and constitutes full settlement of all matters referred to in the Complaint, with the following caveat: the plaintiff reserves all rights to otherwise assess appropriate civil penalties' pursuant to NCGS 143-215.6(a) 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 Consent Judgment is supplementary to the obligations of the defendant under state and federal water quality statutes. 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-1, A-2, B-1, B-2 and C which are incorporated by reference herein, for all monitoring requirements and effluent limitations.) (b) Upon entry of the Consent Judgment, undertake the following activities in accordance with the "indicated time schedule: 1) Submit plans and specifications to NRCD for an outfall line to relocate the Shelby Wastewater Treatment Plant's discharge point from Hickory Creek to the First Broad River along with a request for authorization to construct the line by ........... July .1, 1989. 2) Complete construction of the outfall line by .............................February 1, 1990. 3) Submit plans and specifications to NRCD, which are sufficient to obtain its approval, for improvements to treatment works, including description of funding sources by ................................July 1, 1990. 4) Award contracts on or before ................. .............................January 1, 1991. 5) Begin construction (notice to proceed issued and contractor on site) on or before........ ................................March 1, 1991. 6) Complete construction (all treatment components in place and functional) of proposed additional treatment facilities on or before ...................January 1, 1992. 7) Achieve compliance with final effluent limitations by.....9.... 9... ...April 1, 1992. (c) During the time in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in Attachments A-1, A-2, B-1, B-2 and C. 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 any date or time identified for accomplishment of any activity listed in 9(b) above, submit to the NRCD, 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 noncom- pliance, remedial action(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 11 - Chapter IV 401.2, 401.3). (f) Develop and adopt sewer use ordinance limits for non -conventional pollutants. Implement the pretreat- ment program as approved by the Director, including the enforcement of both categorical pretreatment standards and local limits. (g) Continue. its program of infiltration/inflow identification and correction and submit reports to the NRCD Asheville Regional Office by the last day of each month. (h) Deny acceptance of any septage, sludge, or residue from 'any domestic or industrial septic tank, pretreatment facility, or wastewater treatment facility into the Shelby Wastewater Treatment Plant or into any portion of the sewerage system that is 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 later 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 flows are prohibited by NCGS 143-215.67(a). However, notwithstanding the entry of this Consent Judgment, the plaintiff Commission, or its delegate, may allow the City of Shelby to accept additional waste flows to its Shelby Wastewater Treatment Plant, pursuant to the provisions of NCGS 143-215.67(b), where appropriate. 11. Unless excused under Paragraph 12, the defendant City of Shelby, shall pay the plaintiff Department and Commission the following stipulated penalties for failure to meet the deadlines -set out in Paragraph 9(b): DEADLINE PENALTY AMOUNT 1) Submit plans and speci- $100/day for first 7 fications to relocate outfall days, and $500/day thereafter 2) Complete construction of. same outfall line 3) Plans and specifications 4) Award contracts 5) Construction initiation 6) Construction completion 7) Compliance with final effluent limitations s ame same same same $7000 (Single Penalty) Payments shall be made by certified check, made payable to the "Department of Natural Resources and Community Develop- ment", 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 be reasonably 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 any party to.the Court for judicial resolution. If exigencies require, a party may refer the matter 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 Consent Judgment may be enforced by and through the contempt powers of the Court. 14. This Consent Judgment shall terminate on July 1, 1992; except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request for dispute resolution may be made within 90 days thereafter. Following the expiration of this Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6. 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 Consent Judgment. 3. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the 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. This the /� day of 1989. -e`er BY CONSENT: FOR THE CITY OF SHELBY I ! � May r rAFAAWWdf .0 W-iA19 Wel i i I ON FOR THE DEPARTMENT OF NAT�r Rf§O R ES AND AND �ENVIRON WR MAN l Director, Division of Environmental Management LACY H. THORNBURG A TORNEY GENERAM SISTANT ATTORNEY GENE TY DEVELOPMENT COMMISSION k ATTACHMENT A-1 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim During the period beginning on the effective date of the Order and lasting until February 1, 1990, the permittee is authorized to discharge from outf all serial number(s) - 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Other Units I Specify) Measurement Sample *Sai,,,.,.e Monthly Avg. Weekly Avg. Frequencv Tvpe Location Flow 6.0 MGD Continuous Recording I or E BOD, SDay, 200C 45.0 mg/l 68.0 mg/1 Daily Composite I,E Total Suspended Residue 70.0 mg/1 105.0 mg/1 Daily Composite I,E NH3 as N Daily Composite E Dissolved Oxygen (minimum) 4.0 mg/1 4.0 mg/1 Daily Grab E,U,D Fecal Coliform (geometric mean) 10001100 ml 2000/100 ml Daily Grab E,U,D Residual Chlorine Daily Grab E Temperature Daily Y Grab E,U,D Total Nitrogen (NO2 + NO + TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Conductivity Daily Grab U,D Toxicity Quarterly Composite E Priority Pollutants *�`* Annually Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream ** See Attachment B-1 *** See Attachment C 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 samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. ATTACHMENT A-2 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim Du:•-ing the period beginning on February 2, 1990,.and lasting until April 1, 1992, the permittee is authorized to discharge from outfall serial number(s) - 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Other Units (Specify) Measurement Sample *San Monthly Avg. Weekly Avg. Frequency Type Location Flow 6.0 MGD Continuous Recording I or E BOD, SDay, 200C 45.0 mg/1 68.0 mg/1 Daily Composite I,E Total Suspended Residue 70.0 mg/1 105.0 mg/1 Daily Composite 1,E NH as N Weekly Composite E Dissolved Oxygen (minimum) 4.0 mg/1 4.0 mg/1 Daily Grab E,U,D Fecal Coliform (geometric mean) 1000/100 ml 2000/100 ml Daily Grab E,U,D Residual Chlorine Daily Grab E Temperature Daily Grab E,U,D Total Nitrogen (NO + NO 2 3 + TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Conductivity Daily Grab U,D Toxicity ** Quarterly Composite E Priority Pollutants **r Annually Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream ** See Attachment B-2 *� See Attachment C 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 samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. Consent Judgment ATTACHMENT B-1 City of Shelby Toxicity Testing Requirement The effluent discharge chronic toxicity analyses shall be performed using test procedures outlined in: 1. The North Carolina Ceriod4phni4 chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *February, 1987) or subsequent versions. The target effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 73% (defined as treatment two in the North Carolina procedure document). The City shall perform quarterly monitoring using this procedure to establish compliance with the toxicity requirements. Tests shall 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 Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 must.be measured and reported if employed for disinfection of the waste stream. 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 Order may be reopened and modified to include alternate monitoring requirements. 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. Failure to submit suitable test results will constitute a violation of Order conditions.. Consent Judgment • d ATTACHMENT B-2 City of Shelby Toxicity Testing Requirement 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 Chroni-c Bioassay Procedure - Revised *February, 1987) 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 City shall perform quarterly monitoring using this procedure to establish compliance with the toxicity requirements. Tests shall 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 Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of the waste stream. 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 Order may be reopened and modified to include alternatemonitoring requirements. 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. Failure to submit suitable test results will constitute a violation of Order conditions. I •� auw .o� •s?' State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North CaroliVV ���n James G. Martin, Governor 1`'�':, =i ' S`' `'c R. Paul Wilm- S. Thomas Rhodes, Secretary August- 3, 1.988 Director Mr. Donald F. Rhom City of Shelby Box 207 Shelby, N. C. 28150 Subject Dear Mr. Rhom: ,Asheville Regicial Olfic� Asheville, I OO GarAlina Permit No. N00024538 Shelby S+1WTP Cleveland County In accordance with your application for discharge permit received on November 1.7, 1986, we are forwarding herewith the subject State - NPD.ES permit. This permit i_s issued pursuant to the requirements of North Carolina Ce.neral. Sta.tut.e 143-215.1 and the Memorandum of Agreement between North Carolina and the LIS Eavi.r.onmenta.l. Protection Agency dated December 6, 1983, If any parts, measurement frequencies or sampling .re-gni.remel..i.ts _contained in this permit are. unacceptable to you, you may request 6 s+;aiver or modificat-ion pursuant to Regulation. 1.5 NCAC 2B .0508 b) by written requ-est tcl the Director i.d.ent:i.fyi.ng the s-pecific issues to be contended. Unless such requ.ost i.s rna.de w:it:bin 30 days .following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicntory hearing. Please take notice that this permit is not transferable. Part II, D.3. addresses the requirements to be followed in case of: change. in ownership or col.1trol. 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. Dale Overcash, at telephone number 919/733-5083. Sincerel.v, ORIGINAL SIGNED BY 9EV i f R(� i=Y cc: Mr. Jim Patrick, EPA Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer SW� i State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary September 2, 1.988 Mr. Donald F . Rhom City of Shelby Box 207 Shelby, North Carolina 281.50,, Subject: NPDES Permit Modification NPDES Permit No, NCO024538 City of Shelby Cleveland County Dear Mr. Rhom : R. Paul Wilms Director On August: 3, 1988, the Division of Envi.ronmen.ta.l Management issued. NPDES Permit: No. NCO024538 to the. City of Shelby. A review of the porm.it file has indicated that an error was inadvertently made In the perinit:. Accordingly, we are forwarding herewith a modification to the subject permit to correct the error. This .permit. modification. .is Issued to add the effective date on ' th.e cover page. Please find enclosed an amended cover page which should be inserted. into your permit. The old page should be discarded. A1I other terms and conditions contained in the original permit remain uuchan.gecl and. in fu.l. effect.. These permit mod.ifleatlons arc issued pursuant to the requirements of North Carolina General Statutes. 1.43-21.5.1 and the Memorandum. of Agreement between North Carolina and the :T, S . Environmental. Protection Agency. This permit modification becomes e¢fect:ivc immedi,°xt:ei.y. If any parts, measurement freque,rxci.es m! sannpling requirements cont,ain.ed in this permit are unacceptable to you, you may- request a waiver or modification pu.-r,sixant to Regulation 1.5 NCAC 2T3 .0508(b) by written. request to the Director identifying the. specific issues to be. conte.nded. Unless such. .request is made within 30 clays following receipt of this permit., this permit shall be final and bidding. Should your request be denied., you will. have the right to request an adjudicatory bearing. RECEIVE Water Quality: Section SIP 12 1988 Pollution Prevention Pays Astletrille Regional Office P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7QFfshelillc, North Carolina An Equal Opportunity Affirmative Action Employer If you have any questions concerning these permit modifications, please contact Mr. Dale Overcash at (919) 733-5083. - Sincerely yours, Aaul Wilms cc: Mr. Jim Patrick, EPA Central Files Compliance Permit No. NC0024538 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 14.3-2.15.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Con:t:rol. Act, as amended, City of Shelby is hereby authorized to discharge wastewater from a facility located at Six Miles south of Shelby off of NC Highway 18 Cleveland County to receiving waters designated as Hickory Creek in the Broad River Basin, until the the discharge is relocated at which time the receiving waters shall be 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 September 1, 1988 This permit and the authorization to discharge shall expire at midnight on October 31, 1991. S..igned this day August 3, 1988 Original Signed By ARTHUR MOUBEHIRlY For. R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commi,'ssion Permit No. NC0024538 SUPPLEMENT TO PERMIT COVER SBEET City of Shelby is hereby authorized to: 1. Continue the operation of a 6.0 MGD high -rate trickling filter wastewater treatment facility located 6 miles south of Shelby off of NC Highway 18 in Cleveland County (See Part III of this Permit), and 2. Discharge from said treatment works into Hickory Creek which is classified Class "C" waters in the Broad River Basin, and 3. Make an outlet into the First Broad River, and 4. After receiving an Authorization to Construct from the Division of Environmental Management, relocate the discharge point and discharge from said treatment works into the First Broad River .which is classified Class "C" waters in the Broad River Basin. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final NPDES No. NC0024538 During the period beginning on the effective date of the Permit and lasting until discharge relocation or expiration, the Permittee is authorized to discharge from outfal.l(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Other Units (Specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Frequency Type Location 1w 6.0 MGD Continuous Recording I or E BOD, SDay, 20 Degrees C** 30.0 mg/l 45.0 mg/l Daily Composite E, I Total Suspended Residue*** 40.0 mg/1 60.0 mg/1 Daily Composite E, I NH3 as N Daily Composite E Dissolved Oxygen (minimum) 4.0 mg/1 4.0 mg/1 Daily Grab E, U, D Fecal Coliform (geometric mean) 1000.0/100 ml 2000.0/100 m.l Daily Grab E, U, D Total Residual Chlorine Daily Grab E Temperature Daily Grab E, U, D Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus v Quarterly Composite E Chronic Toxicity ** * **** Quarterly Composite E Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream . 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 BODS concentration shall not exceed 20% of the influent value (80%) removal. ^* The monthly average effluent Total Suspended Residue concentration shall not exceed 27% of the influent value (73% removal) *`* See Part III, Condition No. I; Chronic Toxicity (Ceriodaphnia) P/F at 73%; May, August, November, and February. 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. M3 A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final NPDES No. NC0024538 During the period beginning upon discharge relocation and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Other Units (Specify) Measurement Sample *Sample Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Frequency Type Location w 6.0 MGD Continuous Recording I or E buD, SDay, 20 Degrees C* 30.0 mg/1 45.0 mg/l Daily Composite E, I Total Suspended Residue*** 40.0 mg/l 60.0 mg/1 Daily Composite E, I NH3 as N Weekly Composite E Fecal Coliform (geometric mean) 1000.0/100 ml 2000.0/100 ml Daily Grab E Total Residual Chlorine Daily Grab E Temperature Daily Grab E Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Chronic Toxicity Quarterly Composite E ;; Sample locations: E - Effluent, I - Influent. The monthly average effluent BODS concentration shall not exceed 20°0 of the influent value (80%) removal. y y The monthly average effluent Total Suspended Residue concentration shall not exceed 27% of the influent value (73°! removal) See Part III, Condition No. J; Chronic Toxicity (Ceriodaphnia) P/F at 12%; May, August, November, and February. 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. M3 Part I B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final. Effluent Limitations by the effective date of the permit. 2. Permi.tte.e shall at al.l ti.me5 provide the operation and maintenance necessary to operate the existing facilities at optiimini efficiency. 3. No later than 14 calendar days following a data :identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of. the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and r.eissuance, or modification; or for denial of a. permit: rtmiewal aiipl i.r,atic:n. 2. Penalties for Violations of Permit. Conditions Any person who violates a permit. co;idition is subject to a civil penalty not to exceed $1.0,000 per day of such. violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. Duty to Mitig2te The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be. modified, suspended, or revoked in whole or in part during its term for cause including, but not l.imi.t�d to, the following: d. Violation of any tFrrns or. con.di.tirrc mof t1 -i p�rmi.t; b. Obtaining this permit by mi.srepresentat.ion ox• failure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application Part 11 Page 2 of 14 may be required of the permittee. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompJ..i.ar.ces, does not stay any permit condition. 5. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent: standard or prohibition (incl.+diury any schedule of ccj1pli,rince specified ill su;:.Y ef; luent: star.ida.rd or prohibi.tion.) is established under Section 307(a) of the Act for a toxic pollutnnt.which is present in the discharge, if such standard or prohibition is more stringent than any limitation for snctr pollutant _in this.permit, this permit shall be revised or modified in accordance with th--r colic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or probii,itions established under Section 307(a) of the Clean Water Act for toxic pollutants within. the time provided i.n the regulations that establish those standa.rOs or prohibitions, even if the p,:rmit has not yet: been modified to incorporatn.. the requirement. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 11, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or. Section 309 of the Federal Act, 33 USC 1?1.9. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7. Oil_ and J1a7ardcus Substance Liability ldOthi.ns; in tl!iF l:er.i�;.t. sl;.a1.1. ins; con.strrred to r...r:ec.l�.u1_e tit-,Q. irl.st..it.uHon O*: any legal actiom or ,-c J Jeve the permittee from any responsib.i.liti.es, li.abi li.ties, or penalt.ieS to e:l- .ch the perm_i.ttee is er may be srlb_ject to under. NCGS 143-21.5.75 at seq. or Section 3:i.1. of the Federal Act, 33 1 SC 1321 . Fr:rt:he.rmore, the permittee is responsible for consequential. damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights Zts The issuance of this permit does not contiey any property right.., i.n 1_itll.er .real or personal property, or any exclusive privileges, i:..cr dof,F, it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Part II Page 3 of 14 9. Onshore of Offshore -Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking, of any work in any navigable waters. 10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the app:li.cati.on of sucli provision to othe.l• circumstances, and the remainder of this permit, shall. not be. affected thereby. 11. Duty to Provide Information The permittee shall fi.irnish to the. Pe.rmit: Issuing Anthor.ity, within a reason- able time, any information which the Permit Issuing A>>thor.ity may request to dceter_uiine whether cause exists for modifying, revoking and reissuing, or terminating thi.s permit car to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Aiithor..i.t:y upon request, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CON'I'RQI,S 1. Proper Operation and Maintenance The permittee shall. at all. times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement: action that it wou.l.d 1laVC1 beIWn necessary to halt or rFvduce. the permitted activity in order to maintain compliancewith th.e condition of this permit. 3. Byj ass ing Any diversion from or bypass of facilities is prohi.bitecl, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not .later than six months from thq date of issuance of this permit, detailed data or engineering estimates which identify: a. The location. of each sewer systea, bypass or okvrflow; b. ThrG: .frequency, duration and qpjanticy of flow from en--1 Setae' system or ove).- low. Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any division from or bypass of facilities. 4. upsets "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with. NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 6. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, 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 C. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period.which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month f.ollowirig 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 27687 Raleigh, North Carolina 27611 3 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures 'Pest procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control. Act, as Amended, and Regulation 40 CFR 136. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with,or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon convict_i.on, by ptinished by a fine of not more than. $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part II Page 6 of 14 6. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. Thisperiod of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental. Management or the Regional Administrator of the Enviropmental Protection Agency. 7. Records For each measurement or sample taken pursuant to the regl3irt'ments of this permit, the permittee shall record the following infcx-m3t-i0n: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; C. The person(s) who performed the analyses; and d. The r.esn.-Its of such analyses. 8. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To ent.er upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and D. At roasonable 1-imos t{.) [)a',;F djcc.C? sto anal copy apt' recc7:.i. r�eC(ULi`rl� t:C be kept tinder the terms and conditions of this permi.t.; to inspect any monitoring equipment: or monitoring method required in Chis permit; and to sample any discharge of pollutan.l's. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall- be consistent v.,101 the terms and conditions of this permit. The discharge of any pol.lut:ant :identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process mod if.i.cat.ions which will result 2. 3 4 5 G1 Part II Page 7 of 14 in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing A»thor.•i.ty of any planned change in the permitted facility or activity which may result in noncompliance with permit regnir.ements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. Transfer of Ownership or Control This permit is not transferable. In the event of a.ny change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall. be forwarded to the Division of Environmental Management. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written. notification. Aver aging_of Measurements Calculations for limitations which utilize an arithmetic mean unless Authority in the permit. Noncompliance Notification .require averaging of measurements shall otherwise specified by the Permit Issuing The permittee shall. report by telephone to either the central. office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day f:ol.l.owi.ng the occurrence or first knowledge of the occurrence of any of the following: Part II Page 8 of 14 a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any 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. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur <<ih:ich would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels". (1) One hundred micrograms per liter (1.00 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for ncr.olein and ac.ry.lonttr.ile; five hundred micrograms per liter. (500 u9/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitr.oph.enol; and one milligram per liter (1 mg/1) for antimony; or. (3) Five (5) times the maximum concentration value reported for that pollutent(s) in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant (listed at 40 CFR S 122, Appendix D. Table II and ITI) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; 01 .(3) Ten (10) times the maximum concentration value .reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to disch«rge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after th, expiration will subject the permit:tee to enforcement procedures as provided in NCGS 143-215.5 and 33 USC 1251. et seq. 9. SiQnato�_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 1.980 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 maneigF--r, operator of a well or Part II Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certificat:icn): "I certify, under penalty of law, that this document and all attachments were prepared under my d.i.rection or. supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on. my ingniry of the person or persons who manage the system, or those persons directly responsible. for gathering the information, the information submitted is, to therest of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false infor.m�ition, including the possibility of fines and imprisonment for knowing violations." 10. Availability of Reports Except for data determined to be confidential under NCCS 1.43-215.3(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 NCCS 143-215.1(b) (2) or in Section 309 of the Federal Art. 11. Penalties for Falsification of Reports The Clean Water. Act provides that any person who knowirIgly makes any false statement., rep.resPnt0tiO0, or �.e..rt:ific�tLior .i.n any record or'- other document submitted or required to be maintained ender this permit, including monitoring reports or reports of compliance or noncompliance shall, anon conviction, be punished by a fine of not more than Y1.O,Gr)O per. violation, or by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Natural. Resources and Community Development. Part II Page 1.1 of 14 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/DavMeasurements a. The "monthly average discharge: is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sample and measured, divided by the number of daily discharges samples and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Daily Average" or "Monthly Average" iii Part I of the permit. b. The "weekly average discharge" is defined as the total. mass of all daily discharges sampled and/or measured during the calendar week (Sunday -Saturday) on. which daily discharges are sampled and measured, divided by the number of daily discharges samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is ident:if.i�ci as "Weekly Average" iqj T, ,art: T of the permit. C. The "maximum daily discharge" is tha total mass (wei_ght:) of a pollutant discharged during a calendar clay. If on.l.y one sample is taken during any calendar day the weight of poll.utOm t calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge is defined as the total mass of all daily discharges sample and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of da.ily 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 "AnTlual. Average" i_Ti. Part I of the permit. Part IT Page 12 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" or "Daily Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday:) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mead 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. It is identified as "Daily Maximum" under " Oi:h.er Limits" ill Hart 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 "Ann.ual Average" under "Other. Limits" in Part I of the permit. 11 a Part II Page 13 of 14 Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. I:y�es of 5am;,les a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If_ a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Calculation of Means a. Arithmetic Mean: The arithmetic mean. of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 14 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one 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 airy pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. PART III OTHER REQUIREMENTS A. Requirements for Control of Pollutants Attributable to Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from major contributing 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. Wastes which create a fire or explosion hazard in the treatment works. b. Wastes which will cause corrosive structural damage to treatment works, and in no case discharges with pH less than 5 unless the system is specifically designed to accomodate such discharges. C. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment works. d. Wastewaters at a flow rate and/or pollutant concentration which will cause an inhibitation or disruption of the POTW, its treatment processes, operation, or sludge use and disposal. e. Heat in amounts which will inhibit biological activity .in the treatment works, resulting in interference but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40 C (104 F) unless the works are designed to accommodate such heat. 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 major contributing industries discharging to the municipal system. Part III Continued 4. Permittee shall require any industrial dischargers.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 develop and submit to the Division for approval a Pretreatment Program. A significant industrial user is one which discharges wastewater into a publicly owned treatment works and which: a. has an average daily process wastewater flow of greater than 50,000 gallons per day, or; b. contributes more than 5% of any design capacity of the wastewater treatment plant which receives the discharge, or; C. is required to meet a national categorical pretreatment standard, or; d. is determined by the control authority to have a potential to adversely impact the wastewater treatment plant or receiving stream, or to limit the POTW sludge disposal options, or; e. has been included in the permittee's pretreatment monitoring program submitted in accordance with Section 15 NCAC 2H.0906 of the North Carolina Administrative Code. Any change in the definition of a significant industrial user as a result of promulgations in response to Section 307 of the Act or revisions to 15 NCAC 2H.0903 shall become a part of this permit. 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 Implementation 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 15 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 NPDES permit. Part III Continued 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 15 NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. The permittee shall develop, in accordance with 40 CFR 403.5(c), specific limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b). 2. The permittee shall issue permits for construction, operation and discharge to all significant industrial users in accordance with NCGS 143-215.1. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard conditions, and compliance schedules as necessary for the installation of control technologies to meet applicable pretreatment standards and requirements. Prior to the issuance of a permit to construct or as a condition of the permit an evaluation of the treatment process proposed must be made as to its capacity to meet the permit limitations. 3. The permittee shall carry out inspection, surveillance, and monitoring requirements as described in its approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. All significant industrial users must be sampled by the permittee at least twice per year for limited parameters. 4. The permittee shall enforce and obtain appropriate remedies for violations of categorical 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 specific local limitations. 5. The permittee s1nall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the approved pretreatment program, the industry's pretreatment permit and/or in 15 NCAC 2H .0908. 6. The permittee shall submit twice per year 2 copies of a pretreatment report describing its pretreatment activities over the previous six months. A report shall be submitted to the Division by August 1 of each year describing pretreatment activities for January 1 through June 30 of that year, and a like report shall be submitted by February 1 of each year for activities conducted from July 1 through December 31 of the previous year. These reports shall contain the following information: Part III Continued a. a narrative summary of actions taken by the permittee to ensure compliance with pretreatment requirements and standards b. a list of any substantive changes made in the approved pretreatment program. C. a compliance status summary of all significant industrial users d. a list of those significant industrial users in reportable noncompliance with pretreatment requirements and standards, the nature of the violations, and actions taken or proposed to correct the violations e. sampling and analytical results recorded on forms approved by the Division f. -upon request,other information pertinent to the implementation of the permittee's pretreatment program. 7. 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. 8. The permittee shall publish annually, pursuant to 40 CPR 403.8 (f(2)(vii), a list of significant industrial users that have significantly violated pretreatment requirements and standards during the previous twelve month period. 9. The permittee shall maintain adequate funding levels to accomplish the objectives of its approved pretreatment program. 1.0. The permittee shall maintain adequate legal authority to implement its approved pretreatment program. 11. The permittee shall update its industrial user survey at least once ever five years. 12. Modifications to the approved pretreatment program including but not limited to local limits modifications and monitoring program changes shall be considered permit modification and shall be governed by 15 NCAC 2H .0114. C. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms,.and provisions of this permit authorizing discharge under the National -Pollutant Discharge Elimination System govern discharges from this facility. Part I.II Continued D. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. E. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. F. Groundwater Monitoring 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. G. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Section 302(b)(2)(c), and (d), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. This permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. H. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and/or monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. Part III Permit No. NCO024538 I. Chronic Toxicity Testing Requirement 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 *February 1987) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 73% (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: Technical North Carolina Division PO Raleigh, North Services Branch of Environmental Management Box 27687 Carolina 27611-7687 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 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 limitations. 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 non-compliance with monitoring requirements. I Part III Permit No. NCO024538 J. Chronic Toxicity Testing Requirement 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 *February 1987) 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, DEA1 Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management PO Box 27687 Raleigh, North Carolina 27611-7687 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 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 limitaticns. 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 non-compliance with monitoring requirements. ATTACHMENT C City of Shelby The Permittee shall conduct a test for pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1. A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b).acid . extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis (APA) Monitoring Requirement Reporting Form A, to be provided to all dischargers affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant -analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis" (APA). 2. Other significant levels of synthetic organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in each organic chemical analytic fraction (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Monitoring Requirement Reporting Form A should be identified and approximately quantified as stated in the APA Reporting Form A instructions. This part (item 2) of the APA monitoring requirement is to be referred to as the "10 significant peaks rule". 1 r,n?°Stf1, 7 ? i v,'JV F State of North Carolina Department of Natural, Resources and Community Develbprrier a Division of Environmental Management 512 North Salisbury Strut 0 Raleigh, North Carolina 27611 James G. Martin, Governor June 8, 1988 R.,Paul Wilms S. Thomas Rhodes, Secretary Director Mr. Donald F. Rhom Shelby WWTP Box 207 Shelby, NC 28150 Subject: NPDES permit/Specification of quarterly months in which to conduct required effluent toxicity testing Dear Mr. Rhom: The current NPDES permit for your facility was issued effective April 23, 1987 and includes an effluent toxicity requirement as Part III, Condition I. Part III, Condition,I-requires that effluent toxicity testing be conducted on a quarterly frequency. This letter serves to specify the months in which your facility is required to perform quarterly effluent toxicity testing. Your NPDES permitted facility shall perform quarterly toxicity monitoring during the months of May, August, November and February beginning sixty days after the issue date of this letter. All other terms and conditions contained in the original permit remain unchanged and in full effect. This modification is issued pursuant to the f requirements of North Carolina General Statute IQ-215.1 and the Memorandum of Agreement between North -Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or swnpling requirements contained in this permit modification are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit modification, this permit modification shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. If you have any questions concerning this permit modification, please contact Mr. Arthur Mouberry, at.telephone number 919/733-5083. Sinc:1e ly, R. Paul Wilms Y cc: Steve Tedder lr Asheville Regional Office. Pollution Prevation Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Eaua! Onoortuniry Affirmative Action Employer State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor April 23, 1987 R. Paul Wilms S. Thomas Rhodes, Secretary CERTIFIED MAIL Director RETURN RECEIPT REQUESTED Mr. Donald F. Rhom City of Shelby Box 207 Shelby, NC 28150 Subject: Permit No. NCO024538 Wastewater Treatment Plant Cleveland County Dear Mr. Rhom: In accordance with your application for discharge permit received on November 17, 1986, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Samuel Bridges, at telephone number 919/733-5083. Sincerely, ORIGIPiAL IGNE-D BY R, EC E i V E D AR`3'i- UR VIOU BERRY Water Quality -Section FOR R. Paul Wilms cc: Mr. Jim Patrick, EPA APR�-, 0 11087 --- Pollution Prevention Pays Asheville P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Asllevllle, North Carolina e G... i n ...:. , nua—:.._ n,...-- Permit No. NCO024538 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards, and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, CITY OF SHELBY is hereby authorized to discharge wastewater from a facility located at Six miles south of Shelby off of NC Highway 18 Cleveland County to receiving waters designated as Hickory Creek in the Broad River Basin, until the discharge is relocated at which time the receiving waters shall be the First Broad River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Part I, II, and III hereof. This permit shall become effective April 23, 1987 This permit and the authorization to discharge shall expire at midnight on October 31, 1991. Signed this day of April 23, 1987 ORIGINAL SIGNED By ARTHUR WUSERRY FOR R. PAUL WILMS, DIRECTOR DIVISION OF ENVIRONMENTAL MANAGEMENT BY AUTHORITY OF THE ENVIRONMENTAL MANAGEMENT COMMISSION M1 E 11 Permit No. NC0024538 SUPPLEMENT TO PERMIT COVER SHEET City of Shelby is hereby authorized to: 1. Continue the operation of a 6.0 MGD high -rate trickling filter wastewater treatment facility located 6 miles south of Shelby off of NC Highway 18 in Cleveland County (See Part III of this permit) , and 2. Discharge from said treatment works into Hickory Creek which is classified Class "C" waters in the Broad River Basin, and 3. Make an outlet into the First Broad River, and 4. After receiving an Authorization to Construct from the Division of Environmental Management, relocate the discharge point and discharge from said treatment works into the First Broad River which is classified Class "C" waters in the Broad River Basin. A. (1): EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permitand lasting until discharge relocation or the perlatittee is authorized to discharge from outfall(s) serial number(s) 001. expiration, Such discharges shall be limited and monitored by the permittee as specified below: Yfluent Characteristics Flow Discharge Limitations K lbs d Monthly AVO. MA kl y va. BOD, 5Day, 20oC ** Total Suspended Residue *** NH3 as N Dissolved Oxygen (minimum) Fecal Coliform (geometric mean) Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Toxicity * Sample locations: E - Effluent, Monitoring Requirements Other -Units Mont (Specify) Measurement Stele Sample ee y vg. Frequency T Locaon 6.0 M G D 30.*0 mg /I 45.0 mg /I Continuous Recording I or E 30.0 mg /1 45. 0 mg /I Daily Daily Composite Composite E .I E , I 4.0 'mg/1 4.0 mg/I Daily Daily Composite Grab E E,U,D 1000.0/100 Mi. 2000.0/100 MI. Daily Grab E,U,D Daily Grab E Daily Grab E,U,D Quarterly Composite E Quarterly Composite E Quarterly Composite E I - Influent, U - Upstream, D - Downstream. ** The monthly average effluent BOD5 concentration shall not exceed 200 of the influent value (80% removal). *** The monthly average effluent Total Suspended Residue concentration shall not exceed 276 of the influent value (73o removal) . **** See Part III, Condition No. I of this Permit. 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 . p 9 g Year. 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. N C, 0-1 There shall be no discharge of floating solids or visible foam.in other than trace amounts. � A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning -upon discharge relocation and lasting until expiration, the permittee is authorized to discharge from outfall(s) serial number(s) ooi. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements KqjdaLY 1bs d Monthly Avg.Weekly Avg. Other -Units Mont (Specify) Measurement —Frequency Sample -TM * Sample y Avg. ee y R', Loca Flow 6.0 MGD Continuous Recording I or E BOD, 5Day, 200C ** 30.0 mg/l 45.0 mg/l Daily Composite E,I Total Suspended Residue *** 30.0 mg/l 45.0 mg/l Daily Composite E,I NH3 as N Weekly Composite E Fecal Coliform (geometric mean) 1000.0/100 ml. 2000.0/100 ml. Daily Grab E Residual Chlorine Daily Grab E Temperature Daily Grab. E Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Toxicity*'*- Quarterly Composite E *Sample locations: E - Effluent, I - Influent **The monthly average effluent BOD5 concentration shall not exceed 20% of the influent value (80% removal). ***The monthly average effluent Total Suspended Residue concentration shall not exceed 27% of the; influent value (73% removal). ****See Part III condition No. J. of this Permit. CA tG The pN shall not be less than 6.0 standard units nor greater than 9.0 standard units and .D. shall be monitored daily at the effluent by grab sample. <.Ln There shall be no discharge of floating solids or visible foam in other than trace amounts. o Part I B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the folllowing schedule: 2. No later than 14 calendar days following a date identified in the above schedule of cmpliance, the permittee shall. submit either a report of progress or, in the case of specificactions, being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled Y4 C. MONITORING AND REPORTING 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. 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 ATTN: Central Files Post Office Box 27687 Raleigh, NC 27611 3. Definitions a. Act or "the Act": The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. b. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected in one -calendar month. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in one calendar month. c. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected during one calendar week (Sun -Sat). The weekly average for fecal coliform bacteria is the geometric mean of all samples collected in one calendar week (Sun -Sat). d. DEM or Division: means the Division of Environmental Management, Department of Natural Resources and Community Development. e. EMC: used herein mdans the North Carolina Environmental Management Commission, M 5 f. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. g. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. h., 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). i. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. j. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N.C.G.S. 143-215.63 et seq, the Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. M 6 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the.results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring -or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. M 7 PART II GENERAL COMITIONS A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein.shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DENT of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Noncompliance Notification The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any 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. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. M 8 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in ' this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer.system bypass or overflow. This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any diversion from or bypass of facilities. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in 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. 7. Power Failures The permittee is responsible for maintaining adequate safeguards 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. 8. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. M 9 B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) .or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in .part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M 10 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance ' with the, toxic effluent standard prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided -in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from 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. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 9. Severability The provisions of this permit are severable, and if any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6, and 33 USC 1251 et seq. M 11 11. Industrial Pretreatment Standards Permittee shall require any industrial dischargers into the permitted system to meet Federal Pretreatment Standards (40 CFR, Part 403) promulgated in response to Section 307(b) of the Act. The permittee shall provide semiannual reports to the permitting agency regarding the pretreatment requirements which have been imposed on each significant industrial user and the results achieved therefrom. Other information may be needed regarding new industrial discharges and this will be requested from the permittee ,.after the permitting agency has received notice of the new industrial discharge. A significant industrial user is one which discharges wastewater into a publicly owned treatment works and which: (a) has an average daily process wastewater flow of greater than 50,000 gallons per day, or; (b) contributes more than 5% of any design capacity of the wastewater treatment plant which receives the discharge, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is determined by the control authority to have a potential to adversely impact the wastewater treatment plant or receiving stream, or to limit the POTW sludge disposal options, or; (e) has been included in the permittee°s pretreatment monitoring program submitted in accordance with section 15 NCAC 2H.0906 of the North Carolina Administrative Code. Any change in the definition of a significant industrial user as a result of promulgations in response to Section 307 of the Act or revisions to 15 NCAC 2H.0903 shall become a part of this permit. M 12 PART III OTHER REQUIREMENTS A. Requirements for Effluent Limitations on Pollutants Attributable to Industrial Users 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from major contributing 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 into the waste treatment system: a. Wastes which create a fire or explosion hazard in the treatment works. b. Wastes which will cause corrosive structural damage to treatment works, and in no case discharges with pH less than 5 unless the system is specifically designed to accomodate such discharges. c. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment works. d. Wastewaters at a flow rate and/or pollutant concentration which will cause a loss of treatment efficiency. e. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40 C (104 F) unless the works are designed to accommodate such heat. 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 major contributing industries discharging to the municipal system. 4. 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. M 13 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator'in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. E. Groundwater Monitoring 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. F. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b)(2)(c), and (d), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1) contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2) controls any pollutant not limited in the permit. G. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and/or monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. M 14 H. Pretreatment Program Implementation 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 15 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 NPDES 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 15 NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1) The permittee shall develop, in accordance with 40 CFR 403.5(c), specific limits to implement the prohibitions listed in 40 CFR 403.5(a) and• (b) . 2) The permittee shall issue permits for construction, operation and discharge to all significant industrial users in accordance with NCGS 143-215.1. These permits shall contain limitations, sampling protecals, reporting requirements, appropriate standard conditions, and compliance schedules as necessary for the installation of control technologies to meet applicable pretreatment standards and requirements. Prior to the issuance of a permit to construct or as a condition of the permit an evaluation of the treatment process proposed must be made as to its capacity to meet the permit limitations. 3) The permittee shall carry out inspection, surveillance, and monitoring requirements as described in its approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. All significant industrial users must be sampled at least twice per year for limited parameters. 4) The permittee shall enforce and obtain appropriate remedies for significant violation of categorical .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 specific local limitations. 5) The permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the approved pretreatment program, the industries pretreatment permit and/or in 15 NCAC 2H .0908. M 15 6) The permittee shall submit twice per year a pretreatment report describing its pretreatment activities over the previous six months. A report shall be submitted to the Division by August 1 of each year describing pretreatment activities for January 1 through June 30 of that year, and a like report shall be submitted by February 1 of each year for activities conducted from July 1 through December 31 of the previous year. These reports shall contain the following information: a) a narrative summary of actions taken by the permittee to ensure compliance with pretreatment requirements and standards b) a list of any substantive changes made in the approved program c) a compliance status summary of all significant industrial users d) a list of those significant industrial users in significant violation of pretreatment requirements and standards, the nature of the violations, and actions taken or proposed to correct the violations e) sampling and analytical results recorded on forms approved by the Division f) upon request, other information pertinent to the implementation of the permittee's pretreatment program. 7) 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. 8) The permittee shall publish annually, pursuant to 40 CFR 403.8 (f)(2)(vii), a list of significant industrial users that have significantly violated pretreatment requirements and standards during the previous twelve month period. 9) The permittee shall maintain adequate funding levels to accomplish the objectives of its approved pretreatment program. 10) The permittee shall maintain adequate legal authority to implement its approved pretreatment program. 11) The permittee shall update its industrial user survey at least once every three years . 12) Modifications. to the approved pretreatment program including but not limited to local limits modifications and monitoring program changes shall be considered permit modification and shall be governed by 15 NCAC 2H .0114. M 16 Part III Continued Permit No. NCO024538 I. Toxicity Testing Requirement - Hickory Creek 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 *February 1987) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality, is 73% (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 within thirty days from issuance of this permit. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes, including chlorination. There may be no dechlorination of the effluent sample prior to testing. 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 appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management PO Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of the waste stream. 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 limitations. 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. Failure to submit suitable test results will constitute a failure of permit conditions. Part III Continued Permit No. NCO024538 J. Toxicity Testing Requirement - First Broad River 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 *February 1987) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 12Z (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 within thirty days from issuance of this permit. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes, including chlorination. There may be no dechlorination of the effluent sample prior to testing. 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 appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management PO Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of the waste stream. 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 limitations. 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. Failure to submit suitable test results will constitute a failure of permit conditions. y, 1�a',er Quality Section I l'l.`i:'le`o'iil(' �egl•rnE:l 'JillC'e , State of North Carolina 1',1or1,11 Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary January 27, 1987 Director Robert Gidney, Director of Utilities City of Shelby P.O. Box 207 Shelby, N.C. 28150 RE: Effluent Toxicity Testing Shelby WWTP NPDES No. NCO024538 Cleveland County Dear Mr. Gidney: Previously the above referenced facility has been required to perform effluent toxicity testing by Administrative Letter from this office. This testing was outlined as a specific procedure and the effluent concentration at which the facility's discharge was to meet effluent toxicity target lev- els was established. In the procedure protocols, it was specified that all effluent sampling was to be performed below all waste treatment steps, except chlorination. As part of North Carolina's efforts to reduce toxic discharges to the waters of the State, and in conjunction with the National and State policy of controlling toxic discharges, including chlorine; we are therefore re- defining the effluent collection point for toxicity testing requirements. Beginning February 1, 1987 all toxicity sampling and limitations will be performed and applied at the final discharge point (below chlorination). No removal of chlorine from the test concentrations, through any means, will be allowed. Please be advised that the alteration in sampling point does not change the effluent concentration at which your facility must pass its toxicity evaluation. Any toxicity reduction already achieved will still be expressed at the new sample point. Toxicity may increase, however, in comparison with previous data due to the presence of chlorine. If you have achieved signif- icant reduction in toxicity above chlorination and find increases below, Pollution Prevention PaYs P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer PPPPP' N N then chlorine reduction must be evaluated to achieve specified target lev- els. This may be accomplished through a variety of methods. Initially, we suggest you review chlorine residuals, feed rates and coliform levels to determine if excessive chlorine is being used. Final measures to achieve acceptable toxicity reduction are the responsibility of the permittee. We realize that this movement of sample point is a significant depar- ture from past procedures. This change allows North Carolina to be consis- tent with National Policy and provide ultimate protection of our water resources. If there are further questions regarding these matters, please feel free to contact myself or Mr. Steve Tedder at (919)733-5083. Sincerely, George Everett, Chief Water Quality Section CC: Steve W. Tedder Ken Eagleson Dennis Ramsey for st 47esta1l rO-7; l0 /YjOIlC (i�Yers4�'U CCU/nf j e MIS WASTE L0 J i Engineer Dat Rec C. ON Facility Nam : _ �`( /-y e)/_ 5h�Cz c3 }1 G�u%�/` Date — - Existing roe Pro posed 0 Permit �b . - 11/C0U24S3 & Pipe No.: bG( County: c-'-VELA4\1D Design Capacity (MGD): Industrial (% of Flow): Domestic (% of Flow):Pvec- (� eivir�g Stream: F/,--<% C RR`4-) 'lass: Sub -Basin: 63 -O�R-Qs - Reference USGS Quad: .(Please attach) Requestor: B� �C-� S Regional Office A-P-0 a (Guideline Iimitations, -1-f-applicable, are to be listed o'n the back of this form,) Des'gii Temp, 2t/ a Drainage Area (miz):_ -•76 i Avg_ Streamflow (cfs) ' 7Q.1.0 (cfs ) 7 o. S Minter 7Q10 (cfs )_- �! Z- 30Q2 (cfs) / 5S' Tracation of D.O. minimum (males below outfall): S,vu Slope (fpm) Velocity (fps): , S73 Kl (base N, per day) : 0. 37 KZ (base e . oer day) : (• 53 Effluent Characteristics Monthly Average Comments Pp 100/1/100 Origi Effluent Characteristics ."Dntnly i.verage Comments Comments: Tokc da By: QC Reviewed By: Date: °�/ 17 7 C - ~ Request r ALLOCATION ...( Faci1ity CITY OF SHELGY �WTP Type of WastOMEUDUSTRlAL Status : EXISTING Rec�iving St,eam : FIRST 8ROAD RIVE� Stream Subbasin � 030804 ' CLEVELAND Dr�inage & e� �sq mo RegJ 3,ce AF."O S"m*er '7(!l '� �cfs/ Date cf ReA^e'�ge Quad � G12�E 30Q� 1r-,' � Uastef/nu A(T, 1 onza D�sso�.'eu U`y�sn (mg/]/� nr Fe��] Cc11,1:.'v. ' ' � � - ----- ----- -------- M�|�lTO�1|�G ---'----------------- Upst/eamLccat�pn� �T ACCESSI8LEIMMEDlATELY UPS' Dow�.stream (Y/U>� Y Locatiuo� AT 5R 1140 / ---------------------------------- COMMENTS -----------------------' ' —Ox/c/ry /)k~ \ �/ ... .... ..... .... ..... .... ... .... Rec ewed by: Tech' Support "ES operviSor Date '��g�ona] Sup Date / Permit* i �ngi�e�rin.� _ ____ 'foxicity "Testing Requirement Shelby W WTP The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the North Carolina Ce.riodaphnia chronic effluent bioassay procedure (forth Carolina Chronic .Bioassay Procedure-Revisedl0ecember, 1986) . The effluent concentration at which there may be no observable inhibition of reproduction or, significant mortality is 1297. (defined as treatment two in the procedure document) . The permit holder shall perform quarterly monitoring using this procedure to establish compliance with this permit condition. All data submitted as part of this monitoring requirement will be submitted with the daily monitoring results of the other permit conditions in the month following any toxicity evaluation. Additionally a. copy of this material is to be sent to the following address: Attention: Technical Services Branch North Carolina. Division of En-ifBronmental Management Post Office Box 27687 Raieigh, North. Caroltiha I 27611 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 f respgnSe data. Should any test data from either these monitoring requirements or tests performed by the Nor'�h Carolina Division of Environmental Management indicate potentialirrcpacts to the receiving stream, the permit may he reopened and these monitoring requirements modified to include additional testing as increased frequency, alternate test :re4irements or both. note: .Failure to achieve test conditions as specif ied in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require .immediate retesting. Failure to submit suitable test results will constitute a failure of permit condition. Permit No. NC0024538 -STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R Al I T To Disc.harge Wastewater Under The NATIONAL'P:OLLU.T-ANT DISCHARGE ELIMINATION SYSTEM In compliance -with -the provisions of North Carolina General Statute_143-215.1,'other lawful standards and regulations promulgated and adopted by the'North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Shelby is hereby authorized to discharge wastewater from a facility located Six miles south of Shelby off of NC Highway 18 Cleveland County to receiving waters designated as -Hickory Creek 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 be effective November 1, 1986 ;This permit and the authorization to discharge shall expire at midnight on October 31, 1991 i Signed this day -of November 3, 1986 ORIOINAL S_1GN'LU BY ARTi- UR NAOUBtRRY FOR R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission permittee shall conduct chronic toxicity L=sts on a quarterly basis using protocols defined in EPA Document 600/4-85/014 entitled "Short -Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms". The testing shall be performed as a Ceriodaphnia survival and Reproduction Test. Effluent collection will be performed twice during each test as 24 hour composite samples. Toxicity test exposure using the first composite sample will include the first three full days of .testing. Exposure to the second composite sample will include the last four full days of testing. Effluent samples will be taken immediately prior to disinfection, but low all other treatment processes. The Chronic Value (ChV) must be greater than 73%. There will be minimally five effluent concentrations and a control exposure treatment. One effluent concentration shall equal 73%, which represents the instream waste concentation (I.W.C.) during 7Q10 low flow conditions and daily permitted discharge volume. The remaining concentrations shall be 0%, 10%, 20%, 40% and 95% effluent. There may not be more than 20% mortality in at least 95% effluent after 48 hours of exposure. 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. Failure to submit suitable test_ results will constitute a permit violation. al rid rv. ts= 27WI, FaP-Vh, North Carolina 2761i-76v Telephonc 9i9-733-7m F "T State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. Donald F. Rhom City of Shelby Box 207 Shelby, NC 28150 Dear Mr. Rhom: November 3, 1986 CERTIFIED MAIL RETURN RECEIPT REQUESTED Subject: Permit No. NCO024538 Wastewater Treatment Cleveland County R. Paul Wilms Director Plant In accordance with your application for discharge permit received on June 17, 1986, we are forwarding herewith the subject State-'NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part .II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Samuel Bridges, at telephone number 919/733-5083. Sincerely, tRIGIINAL SIGNED BY R E C E I V E ARTHUR hAOUBERRY FOR R. Paul Wilms Water Quality 131yilaion c: Mr. Jim Patrick, EPA NOV 17 1986 Pollutio n Prevention Pays kegtor,* Dp41g* P.O. Box 27697, Raleigh, North Carolina 27611-7697 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NCO024538 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the'North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Shelby is hereby authorized to discharge wastewater from a facility located Six miles south of Shelby off of NC Highway 18 Cleveland County to receiving waters designated as Hickory Creek 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 be effective November 1, 1986 This permit and the authorization to discharge shall expire at midnight on October 31, 1991 Signed this day of November 3, 1986 0R1G11NAL SitGNED B ARTHUR IMOUBIERRY FOR R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission i mit No. NCO024538 \� SUPPLEMENT TO PERMIT COVER SHEET City of Shelby is hereby authorized to: 1. Continue the operation of a 6.0 MGD high -rate trickling filter wastewater treatment facility located 6 miles south of Shelby off of NC Highway 18 in Cleveland County (See Part III of this permit), and 2. Discharge from said treatment works into Hickory Creek which is classified Class "C" waters in the Broad River Basin. 3 w A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permit1knd lasting until expiration, the permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characterlstics Discharge Limitations Monitoring Requirements K d bs d MonthlyAvg,,_—Weekly--Avg. Flow BOD,5Day,20oC ** Total Suspended Residue*** NH as N Di2solved Oxygen (minimum) Fecal Coliform (geometric mean) Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Toxicity**** Other -Units (Specify) Measurement Stele * Stele. Mont Y vg. ee y vg. requency T Ike Lo^,:atioi 6.0 MGD Continuous Recording I or E 30.0 mg/1 45.0 mg/1 Daily Composite I,E 30.0 mg/1 45.0 mg/1 Daily Composite I,E Daily Composite E 4.0 mg/1 4.0 mg/1 Daily Grab E,U,D 1000.0/100 ml 2000.0/100 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, D - Downstream **The monthly average effluent BOD5 concentration shall not exceed 20% of the influent value (80% removal). ***The monthly average effluent Total Suspended Residue concentration shall not exceed 27% of the influent Value (73% removal). ****See Part III, Condition No. I. of this permit. 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. = A0,to 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. •A Z 00 There shall be no discharge of floating solids or visible foam in other than trace amounts. i Part I Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the folllowing schedule: 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4 C. MONITORING AND REPORTING 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. 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 ATTN: Central Files Post Office Box 27687 Raleigh, NC 27611 3. Definitions a. Act or "the Act": The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. b. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected in one calendar month. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in one calendar month. c. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected during one calendar week (Sun -Sat). The weekly average for fecal coliform bacteria is the geometric mean of all samples collected in one calendar week (Sun -Sat). d. DEM or Division: means the Division of Environmental Management, Department of Natural Resources and Community Development. e. EMC: used herein mdans the North Carolina Environmental Management Commission, M 5 f. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. g. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. h., 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). i. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. j. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N.C.G.S. 143-215.63 et seq, the Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. M 6 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the.results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. M 7 PART II GENERAL CONDITIONS A. MANAGEMENT REQUIREMENTS 1. Change in Discharge .All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Noncompliance Notification The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any 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. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. M 8 4. Adverse Impact The permittee shall: take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable. to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer.system bypass or overflow. . This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible butin no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any diversion from or bypass of facilities. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in 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. 7. Power Failures The permittee is responsible for maintaining adequate safeguards 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. 8. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. M 9 B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) .or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in .part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M 10 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance ' with the toxic effluent standard prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or spenalties 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. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 9. Severability The provisions of this permit are severable, and if any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of. this permit shall not be affected thereby. 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6, and 33 USC 1251 et seq. M 11 11. Industrial Pretreatment Standards Permittee shall require any industrial dischargers into the permitted system to meet Federal Pretreatment Standards (40 CFR, Part 403) promulgated in response to Section 307(b) of the Act. The permittee shall provide semiannual reports to the permitting agency regarding the pretreatment requirements which have been imposed on each significant industrial user and the results achieved therefrom. Other information may be needed regarding new industrial discharges and this will be requested from the permittee ;after the permitting agency has received notice of the new industrial discharge. A significant industrial user is one which discharges wastewater into a publicly owned treatment works and which: (a) has an average daily process wastewater flow of greater than 50,000 gallons per day, or; (b) contributes more than 5% of any design capacity of the wastewater treatment plant which receives the discharge, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is determined by the control authority to have a potential to adversely impact the wastewater treatment plant or receiving stream, or to limit the POTW sludge disposal options, or; (e) has been included in the permittee's pretreatment monitoring program submitted in accordance with section 15 NCAC 2H.0906 of the North Carolina Administrative Code. Any change in the definition of a significant industrial user as a result of promulgations in response to Section 307 of the Act or revisions to 15 NCAC 2H.0903 shall become a part of this permit. M 12 PART III OTHER REQUIREMENTS A.1 Requirements for Effluent Limitations on Pollutants Attributable to Industrial Users 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from major contributing 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 into the waste treatment system: a. Wastes which create a fire or explosion hazard in the treatment works. b. Wastes which will cause corrosive structural damage to treatment works, and in no case discharges with pH less than 5 unless the system is specifically designed to accomodate such discharges. c. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment works. d. Wastewaters at a flow rate and/or pollutant concentration which will cause a loss of treatment efficiency. e. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40 C (104 F) unless the works are designed to accommodate such heat. 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 major contributing industries discharging to the municipal system. 4. 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. M 13 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator'in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. E. Groundwater Monitoring 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. F. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b)(2)(c), and (d), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1) contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2) controls any pollutant not limited in the permit. G. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and/or monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. M 14 H. Pretreatment Program Implementation 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 15 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 NPDES 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 15 NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1) The permittee shall develop, in accordance with 40 CFR 403.5(c), specific limits to implement the prohibitions listed in 40.CFR 403.5(a) and (b) . 2) The permittee shall issue permits for construction, operation and discharge to all significant industrial users in accordance with NCGS 143-215.1. These permits shall contain limitations, sampling protecals, reporting requirements, appropriate standard conditions, and compliance schedules as necessary for the installation of control technologies to meet applicable pretreatment standards and requirements. Prior to the issuance of a permit to construct or as a condition of the permit an evaluation of the treatment process proposed must be made as to its capacity to meet the permit limitations. 3) The permittee shall carry out inspection, surveillance, and monitoring requirements as described in its approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. All significant industrial users must be sampled at least twice per year for limited parameters. 4) The permittee shall enforce and obtain appropriate remedies for significant violation of categorical 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 specific local limitations. 5) The permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the approved pretreatment program, the industries pretreatment permit and/or in 15 NCAC 2H .0908. M 15 6) The permittee shall submit twice per year a pretreatment report describing its pretreatment activities over the previous six months. A report shall be submitted to the Division by August 1 of each year describing pretreatment activities for January 1 through June 30 of that year, and a like report shall be submitted by February 1 of each year for activities conducted from July 1 through December 31 of the previous year. These reports shall contain the following information: a) a narrative summary of actions taken by the permittee to ensure compliance with pretreatment requirements and standards b) a list of any substantive changes made in the approved program c) a compliance status summary of all significant industrial users d) a list of those significant industrial users in significant violation of pretreatment requirements and standards, the nature of the violations, and actions taken or proposed to correct the violations e) sampling and analytical results recorded on forms approved by the Division f) upon request, other information pertinent to the implementation of the permittee°s pretreatment program. 7) 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. 8) The permittee shall publish annually, pursuant to 40 CFR 403.8 (f)(2)(vii), a list of significant industrial users that have significantly violated pretreatment requirements and standards during the previous twelve month period. 9) The permittee shall maintain adequate funding levels to accomplish the objectives of its approved pretreatment program. 10) The permittee shall maintain adequate legal authority to implement its approved pretreatment program. 11) The permittee shall update its industrial user survey at least once every three years.. 12) Modifications to the approved pretreatment program including but not limited to local limits modifications and monitoring program changes shall be considered permit modification and shall be governed by 15 NCAC 2H .0114. M 16 Part III Continued Permit No. NCO024538 I. The permittee shall conduct chronic toxicity tests on a quarterly basis using protocols defined in EPA Document 600/4-85/014 entitled "Short -Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms". The testing shall be performed as a Ceriodaphnia Survival and Reproduction Test. Effluent collection will be performed twice during each test as 24 hour composite samples. Toxicity test exposure using the first composite sample will include the first three full days of testing. Exposure to the second composite sample will include the last four full days of testing. Effluent samples will be taken immediately prior to disinfection, but below all other treatment processes. The Chronic Value (ChV) must be greater than 73%. There will be minimally five effluent concentrations and a control exposure treatment. One effluent concentration shall equal 73%, which represents the instream waste concentation (I.W.C.) during 7Q10 low flow conditions and daily permitted discharge volume. The remaining concentrations shall be 0%, 10%, 20%, 40% and 95% effluent. There may not be more than 20% mortality in at least 95% effluent after 48 hours of exposure. 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. Failure to submit suitable test results will constitute a permit violation. Permit No. 14CO.02453-8 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT -DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General' Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Shelby is hereby authorized to discharge wastewater from a facility located S_ix miles south of Shelby off of NC Highway 18 Cleveland County to receiving waters designated as Hickory Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set-for-th in Part's I, If, and III hereof. This permit shall be effective This permit and the authorization to discharge shall expire at midnight on ' Signed this day of Ing 11 a R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission is hereby authorized to: 1. Continue the operation of a 6.0 MGD high -rate trickling filter wastewater treatment facility located 6 miles south of Shelby off of NC Highway 18 in Cleveland County (See Part III of this permit), and 2. Discharge from said treatment works into Hickory Creek which is classified Class "C" waters in the Broad River Basin. 3 A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final t During the period beginning on the effective,date of the Permitand lasting until expiration, { the permittee is authorized to discharge from outfall(s) serial number(s) 001. j'.. Such discharges shall be limited and monitored by the permittee as specified below: y Effluent Characteristi-cs Discharge Limitations Monitoring Requirements !' Kqjday (lbs/dayOthe -Units (Specify) iva.ee Measurement —Freguency, Sample tiffioli Monthly Avg. wee -- Avg. Montniv y vg., 10CA5 Flow 6.0 MGD Continuous Recording 'BOD,5Day,200C ** 30.0 mg/l 45.0 mg/l Daily Composite I,F� Total Suspended Residue*** 30:0 mg/1 45.0 mg/l Daily Composite I,F� 'NH as N - Daily - -�abE..,IID•. Composite 'E.; =mg./ 4 ri 0=�m% Dad;. F ea 7 f = (( eotne �c mean —1bOD m-0=� lODyml = 20O_07-- Residual Chlorine Daily Grab IE`i.; - Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E. Total Phosphorus Quarterly Composite E Toxicity**** Quarterly Composite. IE *Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream **The monthly average effluent BODS concentration shall not exceed 20% of the influent value (80% removal). ***The monthly average effluent Total Suspended Residue concentration shall not exceed 27% of the influent ?' Value (73% removal). ****See Part III, Condition No. H. of this permit. 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 pH shall not be.less than 6.0 standard units nor greater than 9.0 standard units and 0-4shall be monitored daily at the effluent by grab sample. ',;•Ul W Z There shall be no discharge of floating solids or visible foam in other than trace amounts.: °D o Part III Continued - Permit No. NC002-4538 Toxicity P en- - This permit" shall -be - ffio-d'i f ie'd.,' or rev-oked and' --reissued" to ' incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may he expected in the receiving stream as a result of this discharge. G. The permittee shall conduct chronic toxicity tests on a quarterly basis using protocols defined in EPA Document 600/4-85/014 entitled "Short -Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms". The testing shall be performed as a Ceriodaphnia Survival and Reproduction Test. Effluent collection will be performed twice during each test as 24 hour composite samples. Toxicity test exposure using the first composite sample will include the first three f-ull days of testing. Exposure to the second composite sample will include the last four full days of testing. Ef-fluent samples will be taken immediately prior to disinfection, but below all other treatment processes. The Chronic Value (ChV) must be - greater than 73%. There will be minimally five effluent concentrations and a control exposure treatment. One effluent concentration shall equal 73%, which represents the instream waste concentation (I.W.C.) during 7Q10 low flow conditions and daily permitted discharge volume. The remaining concentrations shall be 0%, 10%, 20%, 40% and 95% effluent . There may not be more than 20% mortality in 95% effluent after 48 hours of exposure. 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. Failure to submit suitable test results will constitute a permit violation. or e°'a ECEIVED .srATE ;ter Quality Division :. OCT 1 1. 1985 Western Regional Office Asheville, North ;.;arolins State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. Ralph Carlson City of Shelby Box 207 Shelby, N.C. 28150 Dear Mr. Carlson: R. Paul Wilms October 8, 1985 Director SUBJECT; Effluent Toxicity Testing NPDES No. NCO024538 Cleveland County An extremely important issue that must be addressed by dischargers and regulatory agencies is that of toxics and the potential impacts of toxic discharges to the surface waters of North Carolina. Title 15 of the North Carolina Administrative Code, Section .0200 specifically addresses those standards and regulations which pertain to this issue.. Toxicity testing and evaluations were conducted by the Division of Environmental Management employing effluents obtained at the subject facility on April 3 and Sept. 18, 1985. The results of these evaluations (LC50 values of none and 77% respectively) indicates the subject effluent causes toxic responses in the test species employed (Daphnia pulex). As these tests have determined that the effluent of this facility exhibits acute toxicity, it is essential that a plan of action be prepared and appropriate actions pursued to eliminate or reduce those effluent constituents that may be associated with the observed toxic responses. It is recommended that you contact Mr. Forrest Westall of the Asheville Regional Office at (704)253-3341 for additional guidance in your toxicity reduction program. Based on the toxicity results obtained to date, the Division of Environmental Management therefore requires that monthly static acute bioassay analysis be conducted on representative 24-hour composite effluent samples, and_that the results be reported to this office (attention: Mr. Steve W. Tedder) within 15 days following each test. The initial test should be conducted within 30 days following receipt of this correspondence. JPollution Prevention Pays 9 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 m An Equal O000rtunity Affirmative Action Employer The species to be employed for testing should be Daphnia pulex or Pimephelas Eromelas. whichever is most sensitive, of appropriate age. Additional and/or alternative species may be employed if deemed appropriate by the Division. The test method shall be 48 hour static bioassays as described in Peltier, W.H., and C.I Weber. 1985. Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms. Third Edition. EPA/600/4-85/013. Environmental Monitoring and Support Laboratory, U.S. Emvironmental Protection Agency, Cincinnati, Ohio. The samples of wastewater to be tested are to be collected on a representative workday, preferably Wednesday or Thursday. Based on the discharge volume of this permitted facility (6.0 MGD), and the 7Q10 flow of the receiving stream (3.4 cfs) , there may be no acute mortality (>10%) in a minimum of 90% effluent, nor may there be a chronic (sublethal) effect at 73% effluent. Upon meeting the acute target level, verification of acceptable chronic toxicity levels will be required using inexpensive bioassay techniques. These techniques will be summarized and sent to you within 60 days. The required acute bioassay testing is to continue until it can be demonstrated that the target levels are consistantly achieved (four consecutive months). At such time this requirement may be modified or eliminated by the Division. Should there be any questions, please contact Mr. Steve Tedder, Head, Technical Services Branch or Mr. Ken Eagleson at (919)733-5083. Sinc ly, v George �.Everett, Chief Water Quality Section cc: Steve W. Tedder Dennis Ramsey Ken Eagleson or's Tisf a°l ��- l �06 SH EZ } CO DR47,ED ,��P CITY OF SHELBY BOX 207 - WASHINGTON AT GRAHAM ST. - SHELBY, NORTH CAROLINA 28150 March 1, 1990 Mr Jim Reid NC'DEHNR Water Quality Section Division of Environmental Management 59 Woodfin Place Asheville, N.C. 28801 Dear Jim, This memo is to inform you, that according to the judicial order by consent (JOC) now in effect for the City of Shelby's Wastewater Treatment Plant. The effluent line to Hickory Creek has been replaced with a new 41'' line to Broadriver. Effective January 26, 1998. The plant is now in compliance with our NPDES Permit. Tha You D_ ald F. Rhom T-�f4 n�n 4 V, Zl G n.._�i. ,Asf?e'.,i,.e, isr��u? �.G�v�tna