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HomeMy WebLinkAboutNC0005061_Regional Office Historical File Pre 2018 (2)NCDENR North Carolina Department of Environment and Natural _Resources: Division of Water Quality Beverly Eaves Perdue, Governor Coleen H. Sullins, Director Dee Freeman, Secretary APR - 7 2010 April 1, 2010 Mr. Richard D. Hendrick Smurfit -Stone Container Corporation P.O. Box 369 Shelby, N.C. 28151-0369 Subject: Rescission of NPDES Permit NC0005061 Smurfit -Stone WWTP Cleveland County Dear Mr. Hendrick: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NC0005061 is rescinded, effective immediately. If in the future your company wishes to discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES permit.. Discharge of wastewater without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sijicerely, Coleen Sullins cc: Central Files ooresyille Regional Ofixce / Rolilre_abs NPDES Permit file Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Internet: www.ncwaterquality.org Phone: 919-807-6391 / FAX 919 80776495 chades.weaver@ncdenr.gov One NofthCarolina Natmally An Equal Opportunity/Affirmative Action Employer— 50% Recycled/1 0% Post Consumer Paper lc�MIURFIPSTONE Mr. Rob Krebs NCDENR/Mooresville Regional Office 610 E. Center Avenue Suite 301 Mooresville, NC 28115 Subject: NPDES Permit No. NC0005061 Termination of Discharge Permit Dear Mr. Krebs: Smurfit -Stone Container Corporation PO Box 369 Shelby, NC 28151-0369 662 Washburn Switch Road Shelby, NC 28150 (704) 482-4471 (704) 487-4317 fax MAR 2 9 2010 4 As you may be aware, the City of Shelby has just completed the installation of gravity outfall sewer to our area that runs adjacent to our property. This letter is to notify you that Smurfit Stone has connected to City of Shelby sewer system on February 24, 2010 and we ceased discharge to the receiving stream. With this connection to their system, Smurfit Stone hereby requests that our NPDES Permit NC0005061 be terminated effective immediately. If you have any questions regarding this matter, please do not hesitate to contact me at 704-482-4471. Sincerely, Ken Harless Plant Manager cc: Rick Howell, City Manager —Shelby Brad R. Cornwell, Public Utilities Director —Shelby Certified Mail 7002 2410 0005 5805 6638 OF W ATF9 Michael F. Easley, Governor - `�� Q� „doss JSe�cre t - r North Carolinaatof, vuo tan ltural Resou Ges>IS �.. •� CDnles-e.+ VVnDire or Onof a - September 8, 2008 SEP 2 S Mr. Jeff-rey Seiden Director .of erations " ` "_° � ' � Specialty Lighting, Inc. _ 7 .�r 639 Washburn. Switch Road ®N�Sa�.�$�c: �rs��Cf�Oi1 Shelby, NC 28150 : Subject: Issuance of NPDES Permit . Permit NCO042293 Specialty Lighting, Inc. WWTP _... Cleveland County Dear Mr. Seiden: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and.the U.S. Environmental Protection Agency dated October 15, 2007,(or as subsequently amended). This final NPDES wastewater discharge permit contains no major change from the draft permit submitted to you on July 16, 2008. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local . governmental_ permit that may be required. If you have any questions concerning this permit, -please contact Agyeman Adu-Poke at telephone number (919) 807-6405. - Sincerely, V r� Coleen H. Sullins cc: Central.Files 1Vlooresyll%lZegiori TOffic�=/Surface Water Protection None Carolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6405 Customer Service Internet: www.ncwaterquality_org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6495 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 500/6 Recycled/10% Post Consumer Paper �`oleen H. Sullins, Director Division of Water Quality �By Authorityof the Environmental Management Commission N"1 }_ r " �� �-{ L• fir' 1 ,•rI• � e�/ �.(�, i L < 9 Z / -x B .�,� �y met '! l ��` � s'^�-�,a�(( -� . "'1ky�l i� ji i Lt/ i /. 1't yn O `^ati71 �•�,.I.r rv. A ����� #�, .:� C.a 1ti 323 o• f ` �l II � CJJs' x.�Z,��.c / / r�� 1 )� if ,� L • :� �'' t C fiy /J �r�' yy /fp / 1 1315,1• -Outfa110014?''�' All 002 mv Outf f: • 4. t ///y�• v ALI //^\ s� r r j `F f� e - gw �• C� 1 � t10 0 ~/ __� .. . �• v1 f. 5 it f . II J 8 �' EI IIBf �1 <R . II � • •• 1 \. • _� � 1.1C 1 r t S � u. ^ Q E / I 1 Y iyH, 131 — SM i Specialtv1lghbn' d, Inc. - NCO042293: Facility . Location USGrS Quad Number: F12NE < ; : La 35°18'46" .., .= Receiving Stream: UT Beaverdam Creek Long.: 81 °36'39" Stream'Class: C ; . Lat.:350 18' 4711 36' �=v Scale 1:24.000 Subbasin: 03-08-04 Long.: 810 28". S" "fit .�I4ig.� :1 ELUEKT , s gg � "g, �,�s k. 7 ,. i - .aV' CHARACTERIST CS �'"l"r�`af�" 4 Nino f k°��AveraRge�h�Mairilurna 2t�0Pix'c.^'Y,. - 1 {,rl.,+"' ,�N �L�M TS ���� ��x, �Ff '• 'vy:. s d a it <>.vJ rx �;� e fir .� r - .•xt t ��lon£hlyr ' ;Daily q :^+5� ^ � ���MQ i.L v�"p',I S to .: tS we � fNeasuremen?Sh`amP) ,. Feu?�lF �I O�ZII�G •Zk-g is,^ 4 x>_ z r w+ee sm.•a gyp :->SampTLocat�on r _ '..e+. EQU I�EME�I S tfY w •r "d - .w �x �:..., '� 3:h�^-1*at,� � ram. }. Flow 0.010 MGD . Weekly Instantaneous -. I or E Temperature (°C) Weekly Grab .. _ E,.U; D Dissolved Oxygen Weekly Grab U, D . .-- BOD, 5-day, 201 Cz 30.0 mg/l 45.0 mg/l 2/month Grab E Total Suspended Solids.. 30.0 mg/l 45.0 mgA .•• 2/month Grab E NHa as N . (April 1= October 31 4.0 mg/l 20.0 mg/l 2/month Grab. E NHa as N November 1— March 31 18.0 mgfi . 35.0 mg/l 21month Grab E Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 21month ., Grab E pH. 6 — 9 standard units 2/month . Grab . E Total Residual. Chlorine 28 Ng/I 2lWeek Grab E Total Copper Monthly Grab E Permit NCO042293 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the periodbeginning on the effective date of the permit and lasting until expiration,, the Permittee is authorized to discharge non=contact cooling water, cooling tower & boiler blowdown, air compressor condensate and similar wastewaters from outfa11002. Such discharges shall be limited and monitored by. Permittee as specified below: ' '-• F 7a «"--�. a' s �''E•�+, XFFFWENV-`fig,'Q01 ' r� .rsr,� ,.ecN�y we;-:7 s.� s - ME MENT �y J:' CHARACTERISTICS �� ��s J• r�'•a+hr;4��KM' `+.wa.-�I�+tt {tyArcZ�hy��il24 1i�y'i*'�L� 77y4 +KSit� �f.�'+1%4^,PM?^�� yRi. .:'!A �INonth(y, D.a►ly _aztnium K Sis `i easbFement vaSa ie � _, . �e a P. �� . b 4nP.. GYP lf%� i l«S'!rtET''rt am le'kocati" n. ' R x, x Averages a ,.:,.r4. F ..'� l�[e_quency�� � � s sa 1,. M «."t e.%�.�._ , c`•_ � ���l ��o, Flow Semi-annually Estimate Effluent . Total Residual Chlorinel Semi-annually Grab Effluent Temperature (°C) Semi-annually. Grab Effluent pH 6 — 9 standard units Semi-annually Grab Effluent. Footnotes: J. Monitoring is required only when chlorine is added to the treatment system. 2. The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8°C. In no case shall the temperature of the effluent cause the temperature of the receiving stream to exceed 29°C. The Permittee shall obtain approval from the Division of Water Quality's Aquatic Toxicology Unit (ATLI) prior to the addition of any chemical additive to the effluent discharged from outfall 002. Approval for use of new compounds (not previously approved) must be submitted to the ATU at least 90 days in advance of any planned use of those compounds: There shall be no chromium, zinc or copper added to the treatment system except as pre - approved additives to biocidal compounds. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Version 1011012007 NPDES Permit Standard Conditions Page 2of16 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility.- Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-how- sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DM or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 nil collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 1011012007 NPDES Permit Standard Conditions Page 3 of 16 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe proper , damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Com"ly The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000, per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under Version 1011012007 NPDES Permit Standard Conditions Page 4 of 16 section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] d. Any person who knozvingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] £ Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the, Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Version 1011012007 NPDES Permit Standard Conditions Page 5 of 16 5. PropeM Rights The issuance of this permit does not convey any property rights in either real or personal property, or any, exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40.CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. Version 1011012007 NPDES Permit Standard Conditions Page 6 of 16 b. All reports required by the permit and other information.zequested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "Y certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted. facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Conunission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.02011. Version 1011012007 NPDES Permit Standard Conditions Page 7 of 16 The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of. ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the. provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including. an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. Version 1011012007 NPDES Permit Standard Conditions Page 8 of 16 (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may, take enforcement action'against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Version 1011012007 NPDES Permit Standard Conditions Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensue the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation Version 1011012007 NPDES Permit Standard Conditions Page 10 of 16 ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable tunes, any records that must be kept under the conditions of this permit; C. Inspect at reasonable tunes any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. Version 1011012007 NPDES Permit Standard Conditions Page 11 of 16 4. Transfers This permit is not transferable to any, person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800)J858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. "of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly, submit such facts or information [40 CFR 122.41 (1) (8)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester;. the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure .of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Version 1011012007 NPDES Permit Standard Conditions` Page 16 of 16 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (LPPS) A pretreatment program summary (PPS) on specific forms approved by the. Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms ODSQ Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs • Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H ,0907. Version 1011012007 Ken Hughes Smurfit -Stone Container Enterprises, Inc. 662 W. Washburn Switch Rd. Shelby, North Carolina 28150 Dear Mr. Hughes: Michael F. Easley, Governor William G. Ross Jr., Secretary North CffoNltEPV4rtmeaf'of EfiKiconnie"Tand Natural Resources AND 6r^ i 1--ZOURCES azl ,.- ek P.E. Director E'.100n.'` `� visto of Water Quality February 17, 2005 MAR Q 4 2005 s Subject NPDES Permit Modification Permit NC0005061 Jefferson Smurfit WWIP Formerly Jefferson Smurfit Corp. Cleveland County Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on November 22, 2004. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 733-5083, extension 520. Sincerely, /'�� . AlanW. Klimek, P.E. cc: Central Files (`IVT'ooiesv718,Regtonal _office„tYJater Quahty"Sectton ; NPDES Unit File NpthCarolina Aratura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, 3murfit49tone Container Enterprises, Inc. is hereby authorized to discharge wastewater from a facility located at the Jefferson Smurfit WWTP NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as an unnamed tributary to Beaverdam Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 18, 2005. This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day February 18, 2005. 910-- Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Smurfit -Stone Container Enterprises, Inc. is hereby authorized to: 1. Continue to operate an wastewater treatment facility with the following components: ♦ Coagulant addition ♦ Fabric filters ♦ Activated carbon adsorption for industrial wastewater ♦ Comminutor ♦ Aeration basin with mechanical aerator ♦ Clarifier ♦ Chlorine disinfection and dechlormation ♦ Sludge holding tank The facility is located at the Jefferson Smurfit WWI'P off NCSR 1313 northwest of Shelby in Cleveland County. 2. Discharge from said treatment works via outfall 001 at the location specified on the attached map into an unnamed tributary to Beaverdam Creek, currently classified C waters in the Broad River Basin. NC0005061 - Jefferson Smurfit WVvrR State Grid/Oruad: Shelby, N.C. Latitude: 35' 18'46" N F12SE LonEitude: 8 P 36' 43" W Receivine Stream: Beaverdam Creek Drainaee Basin: Broad River Stream Class: C Sub -Basin: 03-08-04 �OF WA% Michael F. Easley, Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources rAlan W. Klimek, P.E. Director p Division of Water Quality Coleen Sullins, Deputy Director Division of Water Quality DIVISION OF WATER QUALITY June 29, 2004 Mr. Denny Williams, General Manager Jeferson Smurfit Corporation P.O. Box 369 Shelby, NC 28151-0369 Subject: NPDES Permit No. NC0005061 Jeefferson Smurfit WWTP Cleveland County, NC Dear Mr. Williams: Our records indicate that NPDES Permit No. NC0005061 was issued on June 21, 2004 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. NC(]ENR Customer Service 1 877 623-6748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. f Water Quality Regional Supervisor Enclosure A:NPDESLTR.WQ bt, %kbLk"i - 0) June 21, 2004 Mr. Denny E. Williams, General Manager Jefferson Smurfit Corporation Michael F. Easley, Governor State of North Carolina AWr.+r,r, William G: oss, Jr., Secretary nc, Department of Environmentarcatural Resources Alan W. Klimek, P.E., Director Division of Water Quality P.O. Box 369 Shelby, North Carolina 28151-0369 Subject: Issuance of NPDES Permit Permit No. NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Mr. Williams: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Teresa Rodriguez at telephone number (919) 733-5083, extension 553. Sincerel , ORIGINAL SIGNED BY Michael E. Templeton Alan W. Klimek, P.E. Cc: NPDES Unit Central Files _Mooresville Regional -Office J 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET @ www.enr.state.nc.us Permit NC0005061 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Jefferson Smurfit Corporation is hereby authorized to discharge wastewater from a facility located at the Jefferson Smurfit WWTP On NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as an unnamed tributary to Beaverdam Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 2004. This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day June 21, 2004. ORIGINAL SIGNED BY Michael E. Templeton Alan W. Klimek, P.E. , Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0005061- SUPPLEMENT TO PERMIT COVER SHEET Jefferson Smurfit Corporation is hereby authorized to: 1. Continue to operate an wastewater treatment facility with the following components: ♦ Coagulant addition ♦ Fabric filters ♦ Activated carbon adsorption for industrial wastewater ♦ Comminutor ♦ Aeration basin with mechanical aerator ♦ Clarifier ♦ Chlorine disinfection and dechlorination ♦ Sludge holding tank The facility is located at Jefferson Smurfit Corporation off NCSR 1313 northwest of Shelby in Cleveland County. 2. Discharge from said treatment works via outfall 001 at the location specified on the attached map into an unnamed tributary to Beaverdam Creek, classified C waters in the Broad River Basin. i.2 'S" J 1 VT 6 34Z 7 3 f Outfall 001 JR, aTnidfe rove i4) . It Y" I 01AA Ir Trailer, 0 4. �c , D% kA C-" r V., 6 t3 'Oi ell W5 _j k I 7Z 17 q1 4� I, Y., e42 k, "r it • n eraml o4 Lit / T .... ........... (ftfWw I A t _,nI5 3' r—f W/x J w. _q ilk C Is Its, 'T- Jefferson Smurfit Corp. RR FbCMY LoCatim State Grid/Quad: Shelby Latkude: 35* 18'46"N not to scale F12SE Langftude: 81* 36'43"W Recehiing Strei=L Beaverdam Qwk (UT) DmMaM Broad River NPDES Permit No. NC0005061 Strem Mm: C Sub -Basin: 03-08-04 North Cleveland County Permit NC0005061 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT' CHARACTERISTICS _ LliaES M0aut0nng Requireaaents Monthly Average Daily : Magxuau Measurement )FYequency' Sample ,Type Sample. ' Locationh Flow 0.010 Weekly Instantaneous I or E BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab E Total Suspended Residue 30,0 mg/L 45.0 mg/L Weekly Grab E NH3 as N 2/Month Grab E Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab E pH 2 Weekly Grab E Total Residual Chlorine 3 28 leg/L 2/Week Grab E Chronic Toxicity 4,, Quarterly Grab E Temperature (°C) Weekly Grab E, U, D Dissolved Oxygen Weekly Grab U, D Conductivity Weekly Grab U, D Notes: 1. Sample Locations: E- Effluent, I- Influent, U - Upstream 10 feet above discharge point, D - Downstream 30 feet below the discharge. 2. The pH shall not be less than 6.0 Standard Units nor greater than 9.0 Standard Units. 3. The limit will take effect 18 months after the effective day of the final permit. 4. Chronic Toxicity (Ceriodaphnia) P/F at 11 %; January, April, July and October. See special condition A. (2). Permit NC0005061. A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11 %. The permit holder shall perform at a minimum,guarterlu monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in'the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples' shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 NPDES Permit Requirements Page 2 of 16 In accordance with (4)- above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours not the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Dail-y Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 612012003 NPDES Permit Requirements Page 3 of 16 Monthly Average concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issui io Authoritv The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe proper damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligent violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knozvin,gjl, violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5of16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. S. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly'authorized representative of that person. A person is a duly authorized representative only if. 1. The authorization is made in writing by' a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 612012003 NPDES Permit Requirement's Page 6 of 16 C. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 M. 13. Permit Modification, Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. OPeration and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does- not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR.122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirement's Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part H. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are deternined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director ai any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Chan es The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, not to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application'process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may, require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 howl 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 platnied to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the. Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b) (2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PAIN III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. `Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities 'requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputsfrom industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h.. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Pernittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 NPDES Permit Regairemenrtg Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 612012003 NPDES Permit Requirements Page 15 of 16 Authorization to Construct (A to Q The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports X= The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summar3(PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summai . Forms SF) Version 6/20/2003 NPDES Permit Reclav:emeii�ts Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards duruig the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 6/20/2003 To: NPDES Unit Water Quality Section Attention: Charles Weaver SOC PRIORITY PROJECT: No Date: July 24, 2003 NPDES STAFF REPORT AND RECOMMENDATIONS County: Cleveland NPDES Permit No.: NC0005061 MRO No.: 03-16 PART I - GENERAL INFORMATION 1. Facility and address: Jefferson Smurfit Corporation Pogt Office Box 369 Shelby, N.C. 28151 2. Date of investigation: June 18, 2003 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Mr. Kenneth R. Hughes, (704) 481-4525. 5. Directions to site: From the jct. of Highway 74 and Washburn Switch Road in southwestern Cleveland County, travel north on Washburn Switch Road = 1.7 miles. The Jefferson Smurfit Corp. is located on the right side of Washburn Switch Road. 6. Discharge point(s), List for all discharge points: - Outfall 001 Latitude: 350 18' 46" Longitude: 810 36' 43" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F 12 SE 7. Site size and expansion area consistent with application: Yes. There is sufficient area available for expansion, if necessary. 8. Topography (relationship to flood plain included): The site is relatively flat, and does not appear to be located in or near a flood plain. 9. Location of nearest dwelling: Approx. 400 feet from the plant site. Page Two 10. Receiving stream or affected surface waters: U.T. to the East Fork of Beaverdam Creek a. Classification: C b. River Basin and Subbasin No.: Broad 030804 C. Describe receiving stream features and pertinent downstream uses: The receiving stream is = 3 feet wide and exhibited good flow during the site investigation. The area upstream and downstream is generally rural with agriculture being the primary use. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: 0.010 MGD (Design Capacity) b. What is the current permitted capacity: 0.010 MGD C. Actual treatment capacity of current facility (current design capacity): 0.010 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: There have been no ATCs issued to this facility in the past 2 years. e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of coagulant addition, filtration (fabric filters), activated carbon adsorption for industrial wastewater, a comminutor, aeration (mechanical), clarification, chlorine disinfection, dechlorination, and a 2500 gallon capacity sludge storage tank. f. Description of proposed WWT facilities: There are no proposed WWT facilities. g. Possible toxic impacts to surface waters: Chlorine is added to the waste stream and toxicity testing is required in the current permit h. Pretreatment Program (POTWs only): Not required. 2. - Residual handling and utilization/disposal scheme: Residuals are removed as needed and transported by Autrey Concrete Products to the City of Charlotte McAlpine Creek WWTP. 3. Treatment plant classification: Class II (no change from previous rating). 4. SIC Code(s): 265.3 Wastewater Code(s): 02, 78 5. MTU Code(s): 02007 Page Three PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No public monies were used in the construction of this facility. 2. Special monitoring or limitations (including toxicity) requests: None at this time. 3. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative analysis evaluation a. Spray Irrigation: Due to the amount of buffering required, spray irrigation does not appear to be a viable option for this facility. b. Connect to regional sewer system: There are no plans for the City of Shelby to extend sewer lines to this area at this time. C. Subsurface: Insufficient area. PART IV - EVALUATION AND RECOMMENDATIONS Jefferson Smurfit has requested renewal of the subject permit, which includes authorization to discharge treated wastewater from one (1) outfall, which is a change from the current permit that lists two (2) outfalls. In a letter dated February 10, 2003 from Mr. Hughes to Dave Goodrich, NPDES Unit, Mr. Hughes noted that the installation of a closed -loop cooling system has substantially reduced the flow from what once was outfall 002 (non -contact cooling water), and the remaining flow (less than 1000 gpd) has been directed into the existing WWT facilities serving outfall 001. There did not appear to be a negative effect on the existing treatment facilities as a result of this additional wastewater. Such being the case, outfall 002 is no longer needed and should be removed from the permit as requested. Pending a final review and approval by the NPDES Unit, it is recommended that the permit be renewed as requested. 2-� 03 Water Quality Rifnal Supervisor Date hAdsr\dsr03\jeffsmft.dsr State of North Carolina Department of Environment • 0 and Natural Resources Division of Water Quality Michael F. Easley, Governor NClA fR William G. Ross Jr., Secretary r L �T OURCES NORTH CAROLINA E T OGICNA� Alan W. Klimek, P.E. Director ��,..__ � ENVIRONMENT AND NATURAI !E 030RC-E 3/5/2003 KENNETH R HUGHES JEFFERSON SMURFIT CORPORATION PO BOX 369 SHELBY, NC 28151 NAR 10 2003 I i ATE+Q ��,._,qU Subject: NPDES Renewal Application Permit Number NC0005061 Jefferson Smurfit Corp -Shelby Cleveland County Dear Permittee: The NPDES Unit received your permit renewal application on February 26, 2003 . Thank you for submitting this package. The permit renewal for this facility has been assigned to a staff member This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0005061 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 733-5083, extension 511 Sincerely, Valery Stephens Point Source Branch cc: Central Files Moore ufille�Regional Office, Water Quality Section PINES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Smurf it -Stone Smurfit -Stone Container Corporation 662 Washburn Switch Road P. O. Box 369 Shelby, N. C. 28151-0369 r F E B 2 6 2003 February 19, 2003 Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, N. C. 27699-1617 Dear Mrs. Stephens: Please find enclosed all necessary paperwork to renew the WWTP permit for Jefferson Smurfit Corporation (dba Smurfit -Stone Container Corporation). This is permit #NC0005061. Since our permit renewal in 1998, we have eliminated most of the effluent of non -contact cooling water in Outfall 002 through use of a closed loop refrigerant based chiller. Our intentions are to route the remaining effluent of Outfall 002 through our extended aeration package plant into Outfall 001 and eliminate Outfall 002. (See attached letter to Mr. Dave Goodrich.) If this package is incomplete or you have any questions, please contact me at 704-481- 4525 or email at khughes@smurfit.com. Kenneth R. Hughes ORC Cc Eo Smurfit -Stone Smurfit -Stone Container Corporation 662 Washburn Switch Road P. O. Box 369 Shelby, N. C. 28151-0369 February 10, 2003 Attn: Dave Goodrich NCDENR 1617 Mail Service Center Raleigh, N. C. 27699-1617 Subject: NPDES Permit #NC0005061, Outfall 002 Dear Mr. Goodrich: This is to inform you of a change we have made on our non -contact cooling water (outfall 002) and also a change we propose to make. The majority of our non -contact cooling water has been diverted through a closed loop cooling system. This is a refrigerant based cooling system which reuses the same water over and over. This change has reduced the effluent from outfall 002 to less than 1000 gallons per day. Our estimate is that we probably have 500 gallons or less going through this discharge point. We propose that, to maintain better control of this effluent, we eliminate outfall 002 and direct this flow through our activated sludge process into outfall 001. We feel that, at this low level of flow, this can be done with no adverse effects on the effluent quality of outfall 001. If you have no objections, we plan to do this in mid -March of this year. Please contact me at 704-481-4525 if you have any questions or concerns. Sincerely, Kenneth R. Hughes lC,1., ORC Copy to: Mike Parker 1 2. 3. 4. 5. 6. NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number NC0005061 Please print or type Applicant and facility producing discharge A. Name: Jefferson Smurfit Corporation B. Mailing address of applicant: Street address: P. O. Box 369 City: Shelby County: Cleveland State: North Carolina Zip Code: 28151-0369 Telephone Number ( 704 ) 482-4471 Fax Number ( 704 ) 482-4317 e-mail address khughes@smurfit.com C. Location of facility: Contact Person: Kenneth R. Hughes Street: 662 Washburn Switch Road City: Shelby County: Cleveland State: North Carolina Zip Code: 28150 Telephone Number ( 704 ) 481-4525 Standard Industrial Classification (SIC) code(s): 2653 Number of employees: 120 Principal product(s) produced: Corrugated Shipping Containers Principal raw material(s) consumed: Kraft Liner And corrugating medium Principal process(es): Producing and converting corrugated board Amount of principal product produced (or raw material consumed) (List snecific amounts consumed and/or units of nroductionl Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEA per Day 1900 msf 2300 msf per Month 39,000 msf 44,000 msf per Year 470,000 msf 490,000 msf 7. Check here if discharge occurs all year EX , or Circle the month(s) in which discharge occurs: January February March April May June July August September October November December Pont 1 of 7 Acre;nn _i innnn 1 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) Days per week discharge occurs: 5 - 6 NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day Flow (GALLONS PER OPERATING DAY) Volume treated before discharging (PERCENT) Sanitary - daily average 1,500 100 Cooling water, etc. - daily average 500 100 Process water - daily average 4,000 100 Maximum per operating day for total discharge (all types) 10,000 100 9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the amount(s) discharged below: A. Municipal sewer system gpd B. Underground well gpd C. Septic tank gpd D. Evaporation lagoon or pond gpd E. Other, specify gpd 10. Number of separate discharge points: 1 11. Name of receiving stream(s): Unnamed tributary to East Fork Beaverdam Creek 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum mmonia beryllium cadmium chromium hlorine residual o er cyanide lead mercury nickel oil and grease phenols selenium zinc None of the above I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Denny E. Williams General Manager Printed name of Person Signing Title �Je"' '� - A)J�� ;7�/o SignaturW Applicant Date - North Carolina General Statute 143-215.66 (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. Dona') of 9 1/arcinn _iinnnn NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) 0 8 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) pono Z of 7 vam;nn _iinnnn Sludge Management Plan for Jefferson Smurfit Corporation (dba Smurfit -Stone Container Corporation) NPDES Permit # NC0005061 Our Waste Activated Sludge (WAS) is pumped into an underground storage tank with a capacity of approximately 2500 gallons. After allowing some time for settling, the clear water is pumped back into the aeration basin. This process is repeated until the holding tank is filled. Once this tank is filled, we use Autry Concrete Products & Builders Supply Co., Inc. ( a licensed septic tank hauler, Permit #00054) to pump the contents of this storage tank onto their hauling vehicle. Autry Concrete Products & Builders Supply Co., Inc. then transports this sludge to the McAlpine Creek Waste Water Treatment Plant operated by the city of Charlotte, N. C. We have applied for and understand that approval is forthcoming to dispose of our WAS into the composting facility operated by the city of Shelby (Biosolids permit #0007780). Should this happen, at least part of our WAS would be carried to this facility. The septic hauler used for this transport would be Leonard McSwain Septic Tank Co., permit # NC00576. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Mr. Kenneth R. Hughes Jefferson Smurfit Corporation P.O. Box 369 Shelby, North Carolina 28150 Dear Mr. Hughes: -W JW AWO I " T�' T T 44 NCDENR., June 7, 1999 Aw 2s, 1,999 an, Subject: NPDES Permit Modification Permit No. NC0005061 Jefferson Smurfit Corporation Cleveland County On March 1, 1999, the Division of Water Quality issued NPDES Permit No. NC0005061 to the Jefferson Smurfit Corporation for its existing wasteflow. After notification from Regional Office Staff, the erroneous measurement frequency for outfall 002 of the subject permit was reviewed. Accordingly, we are forwarding herewith modifications to the subject permit to correct the error. Please find enclosed one amended effluent page for outfall 002. The measurement frequency for flow, temperature, and total residual chlorine has been modified from monthly to semi annually. In addition, the sample type for flow has been modified from instantaneous to estimate. The old effluent page should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. These permit modifications are issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, -you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083/FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper If you have any questions regarding this permit modification, please contact Ms. Jacquelyn Nowell at telephone number (919) 733-5083, extension 512. Sincere �� ,-oO�.'err T. Stevens cc: Central Files ooresv_lfe Regional Office, Water Quality (Attn: Linda Love) C_M - - - Aquatic Toxicology Unit - " - NPDES Unit, Permit File Point Source Compliance/Enforcement Unit A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0005061 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge non -contact cooling water, cooling tower and boiler blowdown, air compressor condensate and similar :wastewaters from outfall(s) serial numbers 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS :.,' MONITORING REQUIREMENTS ,' `� Monthly :; Weekly Daily�Maximum, Measurement t Sample Sample Avera - e " Avera a IF——"uenc T ' e Location? Flow Semi -Annually Estimate E Temperature 2 2 Semi -Annually Grab E Total Residual Chlorine 3 3 Semi -Annually Grab E Notes: 1 Sample Locations: E - Effluent 2 The temperature of effluent will be regulated so that the temperature of the receiving stream does not increase more than a 2.8°C above the natural water temperature and in no case cause the receiving water temperature to exceed 29°C. 3 Monitoring requirements only apply if chlorine is added to the treatment system. The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in the treatment system which may be toxic to aquatic life other than those previously reported to the,Division of Water Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a map indicating the discharge point and receiving stream. The pH shall not be less than 6.0 standard .units nor greater than 9.0 standard units and shall be monitored semi-annually at the effluent by grab sample There shall be no discharge of floating solids or visible foam in other than trace amounts. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS —PRE —APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. Permit NC0005061 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Smurfit -Stone Container Enterprises, Inc. is hereby authorized to discharge wastewater from a facility located at the Jefferson Smurfit WWTP NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as an unnamed tributary to Beaverdam Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 18, 2005. This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day February 18, 2005. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0005061 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Smurfit -Stone Container Enterprises, Inc. is hereby authorized to: 1. Continue to operate an wastewater treatment facility with the following components: ♦ Coagulant addition ♦ Fabric filters ♦ Activated carbon adsorption for industrial wastewater ♦ Comminutor ♦ Aeration basin with mechanical aerator ♦ Clarifier ♦ Chlorine disinfection and dechlorination ♦ Sludge holding tank The facility is located at the Jefferson Smurfit WWTP off NCSR 1313 northwest of Shelby in Cleveland County. 2. Discharge from said treatment works via outfall 001 at the location specified on the attached map into an unnamed tributary to Beaverdam Creek, currently classified C waters in the Broad River Basin. Ll State of North Carolina Department of Environment and Natural Resources.` Division_ of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Kenneth R. Hughes Jefferson Smurfit Corporation P.O. Box 369 Shelby, North Carolina 28150 Dear Mr. Hughes: A�r /� NCD-EN-R Mc. Dg"7T, March 1, 1999� �Cft MAR 5 1999 Subject: NPDES Permit Issuance Permit No. NC0005061 Jefferson Smurfit Corporation Cleveland County In accordance with the application for discharge permit received on June 8, 1998 the Division is 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 U.S. Environmental Protection Agency dated December 6, 1983. The following modifications are now included in the final permit: • Instream monitoring for temperature, dissolved oxygen, conductivity and fecal coliform have been added to gather water quality data. The basis is per the Broad River Basin Management Plan for Beaverdam Creek, which is on the North Carolina 303(d) List for impaired streams. • The supplement to permit cover sheet has been updated to include dechlorination. • The chronic toxicity test language has been updated to the most current version. • The receiving stream for Jefferson Smurfit is listed as an unnamed tributary to Beaverdam Creek per the USGS topographical map, instead of East Fork Beaverdam Creek. 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 a demand is made, this permit shall be final and binding. Please take notice that 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 Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits may be required. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083/FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper If you have any questions or need additional information, please contact Ms. Jacquelyn Nowell at telephone number (919) 733-5083, extension 512. Sincerely, Original Signed 13y David A Goodrich A. Preston Howard, Jr., P.E. cc: Central Files _ (Mooresville Regi_onal_Off cceWater Quality_ Aquatic Toxicology Unit NPDES Unit, Permit File Point Source Compliance/Enforcement Unit Permit No. NC0005061 STATE OF NORTH CAROLINA DEPARTMENT OF, ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Jefferson Smurfit Corporation is hereby authorized to discharge wastewater from'a facility located at Jefferson Smurfit WWTP on NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as an unnamed tributary to Beaverdam Creek in the'Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective April 1, 1999 This permit and authorization to discharge shall expire at midnight on August 31, 2003 Signed this day March 1, 1999 Original Signed By _ Qavid A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Jefferson Smurfit Corporation is hereby authorized to: Continue to operate a wastewater treatment facility consisting of a coagulant addition, fabric filters, and activated carbon adsorption for industrial wastewater: comminutor, aeration basin with mechanical aerator, clarifier, chlorine disinfection, dechlorination and sludge holding tank for combined industrial and domestic wastewater (outfall 001); and continue to discharge non -contact cooling water (outfall 002). The facility is located at Jefferson Smurfit Corporation, on NCSR 1313, northwest 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 an unnamed tributary to Beaverdam Creek which is classified C waters in the Broad River Basin. I313 00 I g ✓'"I� � rQ 11 q i if . •�_ '� /i ✓ ,� f� �ji � '��� -) - 1909 1315\ BM 1 ; 1 ° '� L�✓/i� .1 ,' 1 � ••1: �� 1322' I 1 11 Cem �' y/-- __ as � � / i �••� •, )•,,:I- ���.� � .vim/� CC ••'923 �. •�/_ . % _�� /�� Discharge ppa I , :.f' .'\ice 1` / vCL tn sMdge Grove 0 h Cr _ _ Discharge Oo (Fp BM 88 ClYf4) . "o7 �— i ___q �rl Park Ora -,70 � 1315 J l N1 Latitude: 35018' 46" Jefferson Smurfit VX' 7TW Longitude: 810 39" USGS Quad #: F12SE Domestic & Industrial River Basin #: 03-08-04 NC0005061 Receiving Stream: E. Fork Beaverdam Ck Stream Class: C Cleveland County A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0005061 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: - :. :1 ^nz t ,tY :": i ,.. ,,...: -.:.. .),1,1.: tl i i 1 t 31 :,.. I r f I f, 11 I, .:I , Ill x..>......... .. ......... . >.. ....... ....,c � ........�.. ......�. 3.. z...:: 3�. ,:;.. ,.,.. 3 ,:,•, 'i: ..»............. ........r L ... 3 .3 .... , � 1 ::"{`'' 3a 333 ii� 3t lid .. zt 1 ;313�11� r ... n...., .,.•.: ....:. 3; ..-r....: '..:. 5 3,., ?'t: :..,I..; t 4„ I+t3 :...x.,. :..::, .. >.�.. , ..x.: ,....., ..:.. ..,},:.: v. NI... .: .:..:, .: I a ..i I...1. t _< � i. -"' T , ... .v.l•, .:........ 3•, ....... ....:iD'.. :... ...:: 4'...i.:: ,. � ,. ,,...,. .. 1... » yr 1i. 3 ....,.,. ...,... .9........... s ud:: ,. :. ,. •. '' ?F1P ... «.... 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(£. :1:. .I "t, ,.:��:�K.:S �>�.,.,L �:.., I -low Weekly Instantaneous I or BOD5 30.0 mg mg Weekly Grab Total Suspended o i s 30.0 mg mg ee y Grab s as on ra FecalEb o i orm (geometric mean m m Weekly a Fecalo i orm (geometric mean Wee y Grab , 13 Total Residual orine ee Grab ChroncToxicity Quarterly Temperature °C Weekly Grab, Dissolved Oxygen --Weekly- Grab U,D Conductivity Wee PH ee y +Ural) Notes: 1 Sample Locations: E - Effluent, I - Influent, U — Upstream 10 feet above the discharge point, D — Downstream 30 feet below the discharge. 2 Chronic Toxicity (Ceriodaphnia) P/F at 11 %; January, April, July, and October. See Special Conditions A (3) of the Supplement to Effluent Limitations. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0005061 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge non -contact cooling water, cooling tower and boiler blowdown, air compressor condensate and similar wastewaters from outfall(s) serial numbers 002. Such discharges shall be limited and monitored by the Permittee as specified below: :..::EMENT 3 r � ,t � { ,; 'W:i�y� ACi r. on 1nV;..,.., . �,:::.. i. { ..}, 1lAveragel ee YI L!. ::.. ...p 4 .. ,t... J it :. , 1 J Aver„age,;�k ai aximum' Y 1 .:. .. --�; ..... ) h t .. i �.I.. 1 Yfl ���� ,,,,. easuremen II 1.:' .,., a ,........: r�„ r� �j MIFrequency r am e , p It.,?I Jr,tl 'r { .�:,}TY,pe�. am e p A..:. } .1.. ,;Location Flow —on-ffiTy Instantaneous empera ure 2 2 M Grab otal ResidualChlorine Monthly Grab Notes: 1 Sample Locations: E - Effluent 2 The temperature of effluent will be regulated so that the temperature of the receiving stream does not increase more than a 2.8°C above the natural water temperature and in no case cause the receiving water temperature to exceed 29°C. 3 Monitoring requirements only apply if chlorine is added to the treatment system. The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. The Pier�nittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in the treatment system which rrlabe toxic to aquatic life other than those previously reported to the Division of Water Quality. Such notification shall include completion of Biocide Worksheet F rm 101 and a map indicating the discharge point and receiving stream. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored semi-annually at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. Permit No. NC0005061 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A.(3). CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995,'or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 11.0% (defined as treatment two in the procedure document). The permit holder shall perform quarterl monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 Test data. shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. PART ' 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 Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. 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 petnvt. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which' daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the. arithmetic mean (weighted by flow'value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday)- on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration, value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the 'counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum .Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by'the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all ,the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. -If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge: It is identified as "daily average" in the text of Part I. .f. The "quarterly average concentration" is -the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of -Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tvpes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time.of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval'between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be .representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling... 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part I1, C-4) and 'Tower 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. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part I Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. " 11. Signatory Rejauirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. ,A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a 'position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or.any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the, best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. IThe exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. 'The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and 'maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to . achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate,quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the -permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit: (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss'of life, personal injury- or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (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. Part II Page 9 of 14 5: Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 11, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and. time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly'Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the. date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. S. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and. control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized. shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification'apphes to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part' 122.42 (a) (1) . c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the-permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices.. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in :the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted- in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall .contain a description .of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent_ limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall -report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence'of any of the following: a. Any . occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not, be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other .document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/I) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyI 4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. _ D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART 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. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 8, 1999 Mr. Kenneth R. Hughes Jefferson Smurfit Corporation P.O. Box 369 Shelby, North Carolina 28150 Subject: NPDES Permit No. NC0005061 Jefferson Smurfit Corporation Cleveland County, NC Dear Mr. Hughes: Our records indicate that NPDES Permit No. NC0005061 was issued on March 1, 1999 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 and 5 . Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the 'Effluent" reporting form (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. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 2811S PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER Mr. Kenneth Hughes March 8, 1999 Page No. 2 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 (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A 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 automatically transferable. If you, as the Permittee, lease to need this Permit, then you should request that the Permit be rescinded or transferred to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, i�. f4 D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure DRG: de (pre-app) SOC PRIORITY PROJECT: Yes —No X If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section Attention: Mary Cabe Date:, May 13, 1998 NPDES STAFF REPORT AND RECOMMENDATION County: Cleveland Permit No. NC0005061 PART I - GENERAL INFORMATION 1. Facility and Address: Jefferson Smurfit Corporation WWTP Jefferson Smurfit Corporation - P.O. Box 369 Shelby, NC 28150 2. Date of Investigation: May 12, 1998 3. Report Prepared By: Todd St. John 4. Persons Contacted and Telephone Number: Ken Hughes (704) 481-4525 5. Directions to Site: From the intersection of Hwy 74 and Washburn Switch Road in Cleveland County, travel north on Washburn Switch Road approximately 1.7 miles. The facility is on the right hand side of the road. 6. Discharge Point(s). List for all discharge points: 001 Latitude: 35' 18' 46" 002 Latitude: 35' 18' 50" Longitude: 81° 36' 39" Longitude: 81° 36' 43" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: F12SE U.S.G.S. Name: Shelby, NC r 7. Site size and expansion are consistent with application? Yes X No_ If No, explain: 8. Topography (relationship to flood plain included): The land is flat. The WWTP does not appear to be within the 100 year flood plain. 9. Location of nearest dwelling: There is a dwelling approximately 400 feet from the WWTP. 10. Receiving stream or affected surface waters: UT to the East Fork of Beaverdam Creek a. Classification: C b. River Basin and Subbasin No.: BRD04 C. Describe receiving stream features and pertinent downstream uses: The stream is approximately 3 feet wide and appears to support Class C uses. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.010 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? 0.010 C. Actual treatment capacity of the current facility (current design capacity)? 0.010 d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Outfall 001: The facilities consist of coagulant addition, fabric filters, activated carbon adsorption for industrial wastewater, comminutor, aeration basin with a mechanical aerator, clarifier, and tablet chlorine disinfection. There is also a sludge holding tank for the industrial and domestic wastewater. Outfall 002: Non -contact cooling water. f. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: Autrey Concrete hauls the residuals to a CMUD POTW. 3. Treatment plant classification (attach completed rating sheet): Class II (unchanged) !,' 4. SIC Code(s): 2653 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: 02 Secondary: 78 Main Treatment Unit Code: 02007 PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates: N/A (please indicate) 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: There does not appear to be sufficient area because of buffering. Connection to Regional Sewer System: There are no plans for a sewer extension to the area at this time. Subsurface: N/A Other Disposal Options: Reuse may be possible, but would likely be cost prohibitive. 5. Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS Jefferson Smurfit Corporation intends to apply to renew its NPDES permit to discharge treated process and domestic wastewater (outfall 001) and non -contact cooling water (outfall 002). This Company manufactures corrugated cardboard products. The facility produces process wastewater which is treated with a coagulant called Nalcolyte, filtered, and treated with carbon adsorption. The process water and domestic wastewater are combined and treated together. All residuals generated are removed and hauled to a CMUD POTW by Autrey Concrete. There is also Page 3 a discharge of non -contact cooling water (outfall 002) into the storm water conveyance system. This outfall needs to be included in the subject permit. The facility does have a storm water general permit. Outfall 001 is between 30 and 50 feet from the outfall of Specialty Lighting's WWTP. This creates some issues regarding in stream monitoring. This Office recommends reissuing the NPDES permit; however, the issues regarding instream monitoring need to be resolved. Signatur f Report Preparer ,P—�x� Water Quality egional Supervisor Date Page 4 State of North Carolina STb Department of Environment and Natural Resources I Division of Water Quality 1 James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 9, 1998 Mr. Kenneth Hughes Jefferson Smurfit Corporation P.O. Box 369 Shelby, North Carolina 28151 A�� DEN R x 4'tn.C;; . JUN 12 1993 Subject: NPDES Permit Renewal Application Permit NC0005061 Jefferson Smurfit - Shelby plant Cleveland County Dear Mr. Hughes: The Division received your permit renewal application and renewal fee of $200.00 (paid by check #5731015) on June 8, 1998. Thank you for submitting this package in a timely fashion. The permit renewal for this facility has been assigned to Mary Cabe of the NPDES Unit. Ms. Cabe will contact you if further information is needed to complete the permit renewal. If you have any additional questions concerning renewal of the subject permit, please contact Ms. Cabe at (919) 733- 5083, extension 518. Sincerely, 66� //, 4 Charles H. Weaver, Jr. NPDES Unit cc: Central Files Mooresville;Regior al Office, Water_Q_uality_Se n,§ NPDES File P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles Weaver@h2o.enr.state.nc.us -- PPP - State of North Carolina Department of Environment, Health and Natural -Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director A&4 ®EH N F 1 N.C. DEPT. OF V,NVIRONMENT, HEALTH, t NATURAL RESOURCES January 26, 1996 Mr. Kenneth Hughes Jefferson Smurfit Corporation ids }r; F r;Us�ln;um, 1+ l,:w`stRc1 iEaT P. O. Box 369 h364i1:VIiIE':,GliitGl.�FFfG,` Shelby, North Carolina 28150 Subject: Outfall Relocation & Name Change NPDES Permit No. NC0005061 Jefferson Smurfit Corporation Cleveland County Dear Mr. Hughes: The Division of Environmental Management received a letter dated November 22, 1995 from Mr. Al Moretz, P.E., acting on your behalf and requesting that the subject permit be modified to change the outfall location. The. Division .is granting this request and changing the permittee name from Container Corporation to Jefferson Smurfit Corporation as per a telephone conversation between you and Mr. Jay Lucas of my staff on January 22, 1996. Please find the enclosed amended permit which is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. 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. If you have any questions concerning this revision, please contact Mr. Jay Lucas, P.E., at telephone number (919) 733-5083, ext. 502. Sincerely, Original Signed By D vid A. 9oodrich A. Preston oward, Jr., P.E. cc: Central Files 1. ctc.resax�l1 .egig Cif rice, , ater ulit�y Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facility Assessment Unit Technical Assistance and Certification Group Aquatic Survey and Toxicology Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0005061 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, Jefferson Smurfit Corporation is hereby authorized to discharge wastewater from a facility located at Jefferson Smurfit Wastewater Treatment Plant on a site near NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as East Fork Beaverdam Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, and IV hereof. This permit shall become effective January 26, 1996 This permit and authorization to discharge shall expire at midnight on December 31, 1998 Signed this day January 26, 1996 Originai Signed by - ngvid A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission 1` Permit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Jefferson Smurfit Corporation is hereby authorized to: 1. Continue to operate a wastewater treatment facility consisting of coagulant addition, fabric filters, activated carbon adsorption for industrial wastewater, comminutor, aeration basin with mechanical aerator, clarifier, chlorine disinfection and sludge holding tank for combined industrial and domestic wastewater (outfall 001), and continue to discharge non -contact cooling water (outfall 002) located at Jefferson Smurfit Corporation, a site on NCSR 1313, northwest 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 East Fork Beaverdam Creek which is classified Class C waters in the Broad River Basin. /lZ S�= r V /� FOREST CRY w M1. I Q CWd Vll l F, l "I y7 46541 SW O /ROILING SPRINGS NORTH) N � '-le LATTIMORE 7.5 MI. N \ - _.f - �\ C /-- � I• i it ,� `�i _ 11 jl �' / `, /_— I \` / � �, \\\ ,off. ' C A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061 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. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C TSS NH3 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Chronic Toxicity" Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg. Weekly Avg. Daily Max Frequency Type Location 0.010 MGD Weekly Instantaneous I or E 30.0 mg/I 45.0 mg/I Weekly Grab E 30.0 mg/I 45.0 mg/I Weekly Grab E 2/Month Grab E 200.0 /100 ml 400.0 /100 ml Weekly Grab E 2/Week Grab' E Weekly Grab E Quarterly Composite E *Sample locations: E - Effluent, I - Influent 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. ** Chronic Toxicity (Ceriodaphnia) P/F at 11.0%; January, April, July and October; See Part III, Condition F. A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061 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: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avg. Daily Max. Frequency Type Location Flow Semi-annually Estimate E Temperature * * Semi-annually Grab E Total Residual Chlorine * * * * * * Semi-annually Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. * Sample Locations: E - Effluent. **The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.81 C and in no case cause the ambient water temperature to exceed 29' C. *** Monitoring requirements apply only if chlorine is added to the treatment system. The permittce 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. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I O• C • • • • MW 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 The Director of the Division of Environmental Management. Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. ENETWe .IT1 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 Pan I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measuremen 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 conform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or i -ieasured during such year (arithmetic mean of the daily concentration values). The gaily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and .combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part H Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar 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. RMI.P.M.M.Own A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions- established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty. not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements .of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. The per -dttee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. e_I r. R• /! rim - Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. MW• . • 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. 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. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Penr:it 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 penmittee shall also furnish to the Permit Issuing Authority upon request, copies of records require: to be kept by this permit. Part II Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory ReAuirements 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(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) 4 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: 0) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual 'or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 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. • •• �_ .. • •, .. • •- MUISPROIN��.� _� .. • i The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 %M! • - ri • 711111, • 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. 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 b.),pass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an'unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational. error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 11, 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. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 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. 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. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with. the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tam ring The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Met"M • 1 an Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,. copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d: The individual(s) who performed the analyses; e. The analytical. techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entev The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds •any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b.:3bnve of this condition if the oral report has been received within 24 hours. 7. Qther Noncompliance The permittee shall report -111 irstances of noncompliance not reported under Part H. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of this permit. Part II Page 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. • ►•1 •H. t F ,*.- ►•.1 .�•� The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, .:11 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. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. j• • - SromireM The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following ".notification levels"; (1) Five hundred micrograms per liter (500 ug/1); .(2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by t}:e Division. ` Part III Permit No. NC0005061 E. BIOCIDES IN COOLING WATER (Outfall 002) 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. F. 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 significant inhibition of reproduction or significant mortality is 11.0% (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 July, October, January and April. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 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. 300 Copies of this public document were printed at a cost of $83.13 or $.28 each. q& SOC PRIORITY PROJECT: Yes No X To: Permits and Engineering Unit Water Quality Section Attention: Paul Clark Date: December 14, 1995 AUTHORIZATION TO CONSTRUCT NPDES PERMIT REPORT AND RECOMMENDATIONS County: Cleveland Permit No. AC0005061 MRO No. 95-171 PART I - GENERAL INFORMATION 1. Facility and Address: JSC/Container Corporation 662 Washburn Switch Road Post Office Box 369. Shelby, North Carolina 28150 2. Date of On -Site Investigation (if conducted): Last on -site inspection was performed on May 6, 1993 by Kim H. Colson. 3. Report Prepared By: G. T. Chen 4. Persons Contacted and Telephone Number: None, (704) 482-4471. 5. Verified Discharge Point(s).. List for all discharge points: Latit.ude: 3510 18 50" Longitude: 810 364 4311 Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. Ensure discharge point(s) correspond to NPDES permitted discharge points., USGS Quad No.: F 12 SE USGS Quad Name: Shelby, NC 6. S'.it size. and expansion area consistent with application?., . , Yes X No If No, explain: 7. Topography (relationship to flood plain included),; Relatively flat, the WWT facilities are not located within the .100 year flood plain. 8. Location of nearest dwelling: Approximately 400 feet. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS I 1. Existing treatment facility a. What is the current permitted capacity of the facility? 0.010 MGD b. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two- (2) years: None. C. What is the actual treatment capacity of the current facility (design volume)? 0.010 MGD d. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing WWT facilities consist of coagulant addition, fabric filters, and activated carbon- adsorption for industrial wastewater; and a comminutor, aeration basin with a mechanical aerator, clarifier, chlorine disinfection and a sludge holding tank for the industrial and domestic wastewater combined. 2. Please provide a description of proposed wastewater treatment facilities:- Installation of a dechlorination facility. 3. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied., please specify DEM Permit No.: N/A Residual Contractor: N/A Telephone No.: N/A b. Residuals stabilization: PSRP: N/A PFRP: N/A Other: N/.l C. Landfill: N/A d. Other disposal/utilization scheme -(specify): Private septage hauler. 4. Treatment plant classification (attach completed rating sheet): Class II, see attached rating sheet. S. SIC Code(s): 2653 Wastewater Code(s): Primary: 02 Secondary: 78 Authorization to Construct Staff Report Version 10/92 Page 2 Main Treatment Unit Cody; ° 0000 6. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A PART III - EVALUATION AND RECOMMENDATIONS JSC/CCA requests an Authorization to Construct to officially. approve the installation of a dechlorination facility which was constructed as a "Pilot Project". Pending review and approval by the =SERG, it is recommended that an Authorization to Construct be issued to the applicant as requested. Signature of Report Preparer 7- Water Quality Reg 2-/11�1/i� Date 1 Supervisor Authorization to Construct Staff Report Version 10/92 Page 3 V FOREST Cr Y 14 Mi. 441,,E Pllr/? 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NOLLVOtiMWM NOLLVCGM AVUA I NOUVULIUMDULAYM) CM siulod lol` AlIII II i (eU0 elo,l�) iss e� n n : s)uolisal�ls uoliE�ilddY puE'� uoiiEl3lA �IE�dS S :et�oyd�leg :epe�� � :euo4dele1 eowo irnue0 :euo4dele1 eo+u0 leuol6ell . . e664delel 'idsa 41IVeH i (16) Ef9ctroe9.+"W Pr=M for fsr W*V WFOINd Mlis Dom frrW" thmugh tint her of brHruiscthFo (14) Poor lbs. A R crcaratmd mschafAsaq for perky demrl" : (17) FO,mrn &s�. ?Ems ( � U--OCN of watuoerav or wanevider dflusre as a Roam d On r1rac6dion d air In the farm of finw bubbles: abo called foam Irackmation: (16) Grit Runoval. The process Of e@movrhp get and other heavy mirersl metier from .asIsm m+uor7eVW (ln knoll Tanis A deep two story wasowsw Wet coreiWng d an upper eedinersatbn charr Ro) tnMnafenled flaw Mewuesmtrt. A swim whidm irdiraue and records raft d flaw; N ® Rf )ion Exchanp. A demicat proeeni in which ions horn Sin dlbreet mobcvfw ere sadanped. r. RZi Mwd gip OM A oral dins diapos l meted by �h wet @lodge may be applied to iirb� ofhisel plow); [not applc�bhe for rypsw d drdpt due' II b (11) d ahY Rub); Tfealed EMUM. The pra wa d sprayfnp traced waasuaw ato a fafmd area or o er meaptaria of &W P 1/aaearsen.� speed. cardruoudy becimmahad. tamir p thrum lacer eperattmp ceder pravky t�rdlibn 0� 01) ? 71m bkschor�al =vRv.a%, 0 :stet =,- ri ( MEN".A c'.,�s�cP ) en '1, `i. Z9 Ffitogerfce@ Stags. A separate @tape of watomrdw le=rnsre deasgred for the epgd k purpose d sor*rerlin Flo Ntro@lpfoaotre�Pamewal. Biological. The tsova nl of phosphorus from ract.water by an wic/ano:k pm=u design WSWb=�hor roOj h"% pord A,k "is Mmtdary treatnees meth wRkiers dsteetbn Wfe to aloM aeRRng p\% ` pl) Pet Aeratbfi. Aeration Who wirq comentbret Sed:ordary tretrram unks to rfineass affluert D.O. or ler any othv, �+ Rill Poet Aeration. (Cascade) A polishing nf.aod'by which dissolved oxygen Is added lam the effiuert by a noaecheN m� Sides d slops or.wrs; The lbw oco+rtinp across the steps or wire moves In a fart' 1Mn layer and the op.ratbn Of ire h aqustmert; thus. sero poky are wagned even though this b an ssaftial cep 10 minting the Will& of the "eta," pig �c)b po) Powdered tin Grarwlar Atkted Carbon Feed. A biophysical carbon prawn tit utlttes bbbgkal activity and orWM o Werwisir activated carbon: Virgin or tegerwated carbon Is find controlled into the eysUm; ; 131) Pesaeratbn. A tank cormtruded to provide aeration prior to primary tnatmera: (321 Pm*nWq Lk*L tint aperadcom in the tt emera process, such as Save ribp and tmfm*wtbn, wet prepare to aqua, o pa) rdulaeist Phea@atment. U o M) Pr♦nt trsatnrUnk, rduWia The condilk M g d a sash at Its @auras betas dYdharge, to remove or to reuaalme surf. / CC t •etmaift procesew or io afbct a psattW wdutbn in bad on fe eeatmere process whidh Y operated by to sane govemiid 0 0 a bbP wunatmmars Proo amp. Ir duteAl • mW In a fists or EPA rpuked program to esc.M ports on the rating chins, \, ` pa) Primary Clarifiers. The fka; Saulliv tare through which wastewater Y passed in a tetnem worts br eta purpoee of rsmaw soM and 900 which Y weadated with tee sonde; phi) Pumtp@. AN Hiwrs. effiustt and r► MM pumps:uteerhhrhg utr@vloft a grnme rays: 1 Ra%atbn DYkdeetiom or werfliution process ltang 9tee lead 7) Reverse Osmosis. A tfasaeera process In which a teavy, awsair*mAd !quid is pressurized through a merri trare famrmp tracts {sure d partially auappAw Rottrhp MOM; in which womewtter flaws through tams in a.a which lepartiallyread erouia► gel Biological Conretas. A ffaed bbbplr�l giewth Process earlis w are rotated: pB) Sard Mare: (a) rnermitw t SWoglcal. Filtration of efflueft fdbwring eeptk Unft ems, or @amo othtr tretmera process ti which further ttsan�oneI j: bReaercui :pinp�bid � On as type, mind lic drat. arinmid In Subparapraish (39) ese filters an (aa)i of 9* Rub with tmid ote adtded-paDr711WV low r wrycle buk though the sane firer; (d0) Sand or homed -Media More. A ptolel ft ptroeess by w hid of ert Iris we atddeved f ough a lwthu redixOm of swpanded sold@. IS) low ran -may Maukally bad Mar with be rafts In the on to arse gPMW range; _ (41) Shigh dary Clarifiers. Asthydraulically which blows ae biological cell ttsatmenc plant and ,.rts tea ae purpose rsn+ovhng "Ideas � salmi the OhobpfW tteatmmhert tmis; 02) Separate sludge Reaertiom A pan d to comet tabButbn process, where the acdvted sludge Y Vandamed a a tech and aeru.d fewrrtnp i IS the comae bast : (47) Septic Tarfk A aroo-story S@tifrfp Unk In which Oubd sludge Y In contact with On wastewater flowing tfrouO the tares; ehas not be for e@phC tanks cos aeevrfg single family, resideross havirp capacity d 2A00 pilafs or. has which discharge to a nillieatbn fluid: (44) sludge Digest" The procass by which argank or volalib matter and sludge Y gaslbd. lquafbd mmrwattzed or eorsand area mon tabs mailer Varough the activity of living aganlans. which rddudss aerated holdrmg tams: is Ortad dr dtalrhage pit) Sludge Dryata Be&. An am& comprla ft natural or artificial d icial byporous mterbw lB upon whhd► digested warps Sludge (W Sl voepamflon�Eluttlaftm A psi d ab4p wricaixifta in ss&dcN cwtaln wmituam ate► ff=wvtd by nvxnzW aashdrips tft boah wMW or 09991114 (47) Sludge Gs IJttitatim The process at usrfp sewage gee for the purpose of heating bkdWk s, dAutmg arigifbs. Sea: VA) Sludge Folding Tank (Aerted and Norsawased). A tank utltrad for areal wasxewtef treaimem ptarfb tit coritaiNng a dpsftr fn which sludge nay be hapt flash, and wperrm"M withdrawn prior, to a dryrmg rrrarod (Le. siudpt dryrfg bed@): Tin dry be don by eddr+g a smell atroret alair amply Jump ae aitdgip fteah.,but not recessuW an amours act would be raquked b aehhleve staDfwatbn of organic natter. A nonaeraled tank would ai mpy be m docara aludp`e prior to dtwaterrng and would {sot allow long pertode (several days of detaindan) without reship oda.probbns; Nq Studg@ rndrseratore. A furnace da ed to bum Skrdpe and b ismove all moisture and combusthbie mate lak and reduce the sledge to a Iteib hh: po) stabiiatbn (Chemical or Thera{} A prown to make trained Sludge bw odorous and prutrambfe. and to fedu0. the paaegenic @omt.nt; This may be done by phi ad MUrisrt ehbrks doermg, er by heat trumm t: (ill) spa Tfddwer. A type of sadiirmMMI n tank in which the sludge IS pw-ki.d;fo stub and fhlclen frough ap#albn and WNiy: W1. + Lagaam A type d otf3tbn bownrh whhic; bfob&W oaldow d orynk teaser sb ggvc od by natural franda d oayp).n to ftr bom ar (emrt.a• t paw: ..... PM ;L.d.Sf Power Supply. On eke or portable electrical psef@drrg sWpmm"; 04) Stacie Sctsah °•A"itatiorery aaaen dssignad.to farmn Solids. kckd% nwAlodegad" patfeulate (fbatable-Soil. suspwtM @olw and BOO oduellon) in" my*Ipal and rdusteW wastewaw treatmert m/slems: -' P) Teitlary Treauvidift A.stept of treatment blowr+g loccffdary which f< Primarily for thta purpow Of alkmt poising; A w fisg-Ygow or Ynd Or taw atigtt be eispioysd ;lot 1!i Purpose. pq Thermal Poftvtkin-Coraof OVA=.. A device prwidirq fords uwvtw of had tram a skid fbwrhg In tubas lo arater Woulalft tee tu6w, or vim ar oMer means d�tsghulz*sg liquid tampwtus: - Thermal sludge Conditioner. A oordhtbnrhg process by eAhich head IS. added for a protracted period of tfm a to brpnvve fN@ 0@wdera6ly of Sludge do @oh+b>edrfg and hydra ufz;rng of the sasfSr and more Mofhb fsrdratSd WARP psttl , : f',ffi) Tack ltaterfaY. Those wastes or combrrtbrs d wares. rhdudinp QYsw-causNp aperts whkds .clot discern and upon exposum r+pSsaor� or as.rrAmfion rto any orgenm� f.eller disc i trace to erwitain- t or bmdready by khpph bad aroud chars, wf cam dsaaL dhssaat. bMsavbrd epcormalitloe. earcer. gamic m utukria, physiological m lfurhWOrs Iricluft mllurneliore h reprodutibN or ph pled ddorAlom In such ofpsnisms Or rob effaptrW. Tole matartak rrcludS, way d ■rtrtbn and rot ifnitaliow bad. cm&r* m4 dromhkrts, nthSrairy. varhadiuneL wurde. dine. 01111 - lRfO�Clmho PpJ. pailebe� �w� ) � � trichbroethare (DOT): aid am othw msafa Z.b fah have or may hereafter to dstefmrsed to Triciciftp Mar. A bbbgkat trsauneirt will cofeidirig of a maumW Such as broken son or cod over whidm wastawaw Y ddfbued; A high tar IS ova which operated d between 10 and 30 mpd per actei. A law rate tricift for Y one which Y designed b Wands at one b four mgd per acre: p0) Trtd&V Mar (Packed Towed. A plug tow of eperadon In which wastawater flows down trough successive layers d rredla or i mle material' O afatanaf k ra rimed eadhiialhy b fAe uxtr. bbtogrd fbc.d growth In each wocssslvS IaySr. Milt method may proftce tecordarfr Welty SMAnt, er rtnay be adWed to Vaciturn�eer. Cowifugm or FFRw Pressaa Devices wHeh am deslgred to remain excess water from ektw dtatted or w4grasd @fudge prior to er lrsdnrftL r I he following scale is used for rating waisleWatbr treatment faciiities: (circle appropriate points) ITEM POINTS (1) Industrial Pretreatment Units or Industrial Pretroatmarx Program (sea definition No. 33)............ »......... ........................... 4 (2) DESIGN FLOW OF PLANT IN gpd (rot applicable to non -contaminated cooing waters, sludge handing facilities for water purification plants, totally dosed cycle systema(see definition No. 11), and facilities cwvizting only of hem (4)(d) or hems (4)(d) and (11)(d)J 0 - 20.000................................ ».... .-..»».................... »..__........ ».»...... ».»..-.-.---._._...................... ......� 20.001 - 60,000................................... »_..-...........................--..-.-.-........................»...»................. 60.001 - 100.000.......»»................_...»._............».......»..............»»...._._«_--------_--.---....................3 100.001 - 250.000........................... _._............................... ......... »..... ......---... -.-.--»............................ 4 250,001 - 500,000.........»..................................... »............ ..... »»»..-....... _... _--.-»..... »... ................. 500,001 - 1.000,000.............. ».............._.._........»... ».»......» .».....».....»»..»._»»...-._....................... 1.000.001 - 2.000.000.. .. .... ..... ................. ...... ........ .................. ......................... ...... ...... .»................10... 2.000.001 (and up) rate 1 poirt additional for each 200,000 gpd capacity up to a maximum of .._._.__.....30 Design Flow (gpd) l0,000 (3) PRELIMINARY UNrrS/PROCESSES (ass definition No.32) (a) Bar Screws .......................... ..................»....».............................»...........................................................1 (4) (5) or Mechanical Screens, Static Screens or Comminuting Devices ........................................................ (2y Grt Removal ........... »................ »........... ................................................. «.......... ..................................... or Mechanical or Aerated Grit Removal ... ........ ............................................ -.-..._.........................................2 FlowMoasurhng Device .......................... ».-.-........... ........ ........ ...................... --....................................... 1 or InstrumentedFlow Measurement ...... .................................. »..»..«..........»»........._....................................2 Preae ratlon.............._................................................._......»...................................................2 ................ Influent Flow Equalization ........... _.............................................................................................................2 Grease or Oil Separators - G►avhy._...__._.._..._..._...._..._...._..._...-................................................... Mechanical...... ........ «........... _............ -.-..... .................. »»............... ................. »..................................... Dissolved Air Flcutbn....... ................. _._................................... «............... »............ ............................. (1) Pndnbrinatbn............ .. PRFAARYTREATMENT LN1TSrPROCESS (a) Septic Tank (zee defird (b) Imhoff Tank..___.___. (o) Primary Clarliers........... (d) Settling Ponds or Settling purification plans. sand. I or gold mining) ....... _..... (a) Carbonaceous Stage (1) Aeratk No. ........... _... . _.»....»..._....... »:.._..................................2 _.....»...-........ ».... .... _........................5 unks for Inorganic Nontoxic Materials (sludge handling facilities for water net, stars, and other mining operations except recreational activities such as gem .......»»...._..... _». ...»_........».-.«.»........ ............................... 2 -High Purity Oxygen System- .-.-.._......_..--....... ...... 20 AltSystem. __....«.__._..................».................. cal Air System (Iixud, floating or rotor)».«_...__._._. _..�..._...�_..._..._..._ Sludge Reaerdlon.....».«_.__ _».......«....«...«.._......»...«............... Filer IRate.....»»..........__...»..__...._...._......»_......_..----.».............................5 Tower.......... «........... »................... .............. .»................................................5 I Aerated Filter or Aerated Biological Filter 0 Lagoons......«....»»._.::.._»......»...»...»....._-.----.»..».._.».»_........ ...............1 0 BiologicalContaetoR....._...».».....»»..»....._._...._»._...... _............................10 ters -Intermittent blologieal. .... ..._.... _............... „_»........................................2 ttingbiological......._..».. _.» » .... »».«._.».».» »........_.. ».....»» .....»..3 (vfl) Stabilization Lagoons.» ___ ».«. ...»..._.».».._.»..._...»._._»..».....„.....................5� (vratl r.................... _..-.--.-...... »»._......... --................. .».............. _.......................... 5L ago xy-Drn for ss%bd x.e =wear aozouz mrr_=,; 4' 200 cnd nkrwyrmuz mmzvrd by rArif_aibn (too delinhlon No. 12)(Poirts for tNs kern have to be In addition to items (5)(a)(1) through (5)(a)(viil), udlizing'the extended aeration process (see definition No.3a)«.»__..«.....».»..»»».........-.2 utilizing) other than the extended aeration process... _._ (x ) Nutrism additions to enhance BOD removal.....« .._......»,:«...:.-.-»._..-....... »»...............5 (b) ((XI) bgk•,Culture (Super ial Nftroganous Stage (q Aeration - High Purity Oxygen System.0 WHused Air System ....... ..»»....__.__.«.. _»........._»..»».«_._�....».»....1 0 R4echanicai Air System (tized, floating or rotor)_... �.--._......_..» .._..._»._... Ei Separate Slud9x R.sa ra�iion..._....._....»...r__:s...:......_»......._»........».»....»..«..3 01) Trickling Flier -High Rau...._. »»..............7 Standard Rau......_. ...._... ....»s,.:...._..... ..... ..» . ».....5 PackedTowe►..__.......«..._........._.._.._....»»...» ...�._ .._ . _.....:...._ .-...._. S (lfl) Biological Aerated Filter or Aerated Biological Fliter._ __10 (N) Rotating Blologleal 0 (v) Sand Filter- intermittent Recirculating biological..---..--.. .3 TERT WORADVANCEDTREATMENTDES~ (a) Activated Carbon Birds - wthout carbon regeneration._.._.__ _......_ _.._ s with carbon regeneration._ ______...____..._�...__ -...._ ........_»16 (b) Powdered or Granular Activated Carbon. Feed - without carbon regeneratlon.-_..__-_.....«.. with carbon regeneration_--.--.____ (o) Air sbipplrp» ..._-..._._______...___...___---- ___...—___._.__......_.._.____�...5 (d) Dw rlicadon Process.--_..----__..._—_----_-.......___.-._..._..............__...—_____---10 (0) Sectrodfalysla..._.�._._._.._.—..._......._. _....r_._._..._._...........__. ...._...r._...3 (1) Foam Separation....-.-__._.....___._........_. (9) ion (h) Land Application of Treated Ef luert (sae defintion No. 22b) (not applicable for sand, gravel, store and other similar mining operation) by high rate 1) Microscnens............._...._� _.__...»...�.._�.»«_—____»».»..»...........«..........................r.....-....--.5 (1 1) Phosphorous Removal by Biological Processes (See denneion No. 2tf)...._».»_..._».»».«.___._.«........_so (ir) Polishing Ponds - without WithuRtlon..__..�......_.«._......�.._._...«...«....�..._..._.._»««_.__.... _._« .a Diffused Mochari r R11 (11) Ttiddlg High R Standat Packed pfl) Biologic, (tv) Aerztad (v) Rctatln� (v1) Sand F :90 ue604M 01 ue6ntqu♦RJVU P uolsteAuao e41 ---d ugisalWmuoc (tt) :assooJd leolsAO Jo Is "IKP AM 1(q pinbg s 4 SUPONo lsnplsu P LxMpVw etel� J � y � i� �E (Cl) �otssu 1"8gg4 QOs uo squxl penlge quued OAC140s of Winbei welsAs eEels elOuls V itq)rqMW Aq isAowea snoue6 MN Pus 009 snoeoeuogts0 P lsAowea PeuPWO (EL) :seousuel+ndds Jeyto Rue Jo sellllpel Ouldwnd P sselp t-Bw swlod omt 10 wnugnew s �(Jtso gays sumoh 4=S-suollrJedo Jeguge Je4)o Jo euols peters* •ISASJO puss ui-; siTpolrw olxol-uou 'olusOAX4 6Ur4VIU00 Jeise,sissM 10 weLLr MAM JOI T*sl Ouplo4 JO opuod &jIp104 Jo esr) swelsAS e1A0 PesgO (t t) :=Vsp Oupmamsp s at uopsoUdds q of Dowd sssw all eoselrw of sBpnls tem of Je1tV* s Jo'epltgtp quel •eutg ss yons punodwoo pgiuvp s )a uggpps all -6uNoplpu00 O"S Pplute40 (0t) :su omb emedes ss peiri Euleq swelsAs ey1 ul Wmw Mm sesodind luwlpp Jot siupd uolleolldde tuue1lip 1 m Isop1e p s pps at dgpgsdso'welsh suo we pellu eq IVA sllun RAP of (1)1--I P PPs of 44Ugsdso eyt:welsh euo peteplwoo eq uvA linm o91oeds s eAomm of stupd uopwgdde wwe11P pue smolu-p wu*kW 4)IM xwwpedu 01 Augedw et11:w Teti= 4uuv is 'wew)snlps Hd IV-Dwei segos O v=kLg P sesodind Jot plod uoprgldds us x Jetzmetsem at (s)ligwwp p ug1pps e41-wetsAS UOPO W rnrj 40 (0) :ss�jmep luste{M P sP1� slstedes at Jo spinbg wall saps inandes of Peen sl extol ROnlwweo yo14m 4 solAsp Is:tlue4osw V •s�njtpJeO (v1 :sgWV NAnW Jlts AOM OM!4os o1 PeuOlsep XJVA s'e4 Jelsmetsem 10 0500 V 'e6s1S 9noeosuogts0 (1) .. .4@Wndu4 pegtosgs ma e>7plxo pus ezldtspA wW SammJedtuel tOM ,gewa4xo epµatd of eoswnl s p esn all dq uogtso petuw4xe to uopwouedet eU V WJeuebey uo4ts0 (0) .suslds Pus •euenlol 'suezueq ss torn vonpotd weep ied mweJ 4g4% sesseoatd Jsgwls Je4to Jo :susew M*AA dq elald9ow4e e41 01 Pssselst ueyt slNCWWs ett 411M (wewtsn M Hd) s'ryautus PeMOSsiP 01 POWOm w isgl 91 ug wnN0WW`W e41 WNM dq s, gym, V ' k4fttS JIV (S) :('00 '00e4-sulsJd 's-nA 'fopn1m4 da0) POPOAM4 pus 'pgatusw 'peonpoA aI doo s Lp." uo eqs dull 'eqs pe0sueut N jnlno OV (V) 'atrto4 9t P 06*-*ugwe»P apneJPd4 wnwMw s &qM)n no=d eOPr+i+ pepApl uV vollumv pspuslx3 (vduopnup Jo uopsVbo 'O*ajds dq pinbI s ul usddxo hynd,•48N Jo Jis usawoq )aswao etmgwq 1noqu Oul6u4iq P s amA V vgnuoV (E) :slsaq 40nagl-mop s uo USUMD )a JsPL= PelsJelwn dllrp!gUe 48notyl PsonPat >! 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Hunt, Jr., Governor A49 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director �7 0 NATURAL r; October 12, 1995 DFC MR KENNETH HUGHES F JSC/CONTAINER CORPORATION N'- �ts1oN OF Eti!1ROWP1ENT,11 r;pq�r .i27 662 WASHBURN SWITCH ROAD MOORESVILLE U;,2 A�r�cF PO BOX 369 SHELBY, NORTH CAROLINA 28150 Subject: Application No. AC0005061 WWTF/Shelby Authorization To Construct Cleveland County Dear MR HUGHES: The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials on October 9, 1995. This application has been assigned the number listed above. PLEASE REFER TO THE ABOVE WATER �-)UALITY NUMBER WHEN MAKING INQUIRES ON THIS PROJECT. Your project has been assigned to Paul Clark for a detailed engineering review. Should there be any questions concerning your project, the reviewer will contact you with an additional information letter. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor or a Procedure Four Evaluation for this project, prior to final action by the Divist n. If you have any questions, please contact Paul Clark at (919) 733-5083 extension 580. If the engineer is unavailable, you may leave a message on their voice mail and they will respond promptly. Please reference the above application number when leaving a message. i Sincerely, cc: Mooze'svile, Regi`orial Office, ar lyn D. y—ccaiskiRSupervisor, itate Engineering Review Group Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer M)-J.SC,/CCA JEFFERSON SMURFIT CORPORATION & CONTAINER CORPORATION OF AMERICA October'5, 1995 Mr. Dave Goodrich Div.'of Environmental Mgmt. Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Goodrich: Shipping Container Division POST OFFICE BOX 369 662 WASHBURN SWITCH ROAD SHELBY, NC 28150 TELEPHONE: 704/482-4471 FAX: 704/487-4317 N•� • DEPT. OF FM-IR©NMENT, T-TE A T TT,C NATURAL , DEC Lq 1 1995 PIVISION OF Ef2VIR9t,IL4EfITpL fFAtiASEPiEIdr R1OORESVILLE REIOfJAL OFFICE This is to inform you that we.have installed a dechlorination unit along with additional chlorine contact time. This was done.as a "Pilot Project". We now request an "Authorization to Construct" to make this a permanent part of our waste treatment system. Please find enclosed the necessary application fee plus five copies of the design and specifications for this addition. Our permit is number NC0005061. If you have questions, please, contact me at 704-481-4525. Sincerely; c Kenneth R. Hughesl�f- ; 0. R. C. CC: C.M. Park, Jr. Made Irom recycles . - P. r `State of North Carolina Department of Environment, �1Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary �y1 A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Ken Hughes, General Supervisor Container Corporation of America P.O. Box 369 662 Washburn Switch Road Shelby, NC 28150 Dear Mr. Hughes: �,�VA . IDEHNF1 September 6, 1994 or 1,0, DEPT. OF NATURAL ESONRTURCES. 0 ATUR ea riATVRA SEP 9 1994 `S109 OF �i00RES1: IIIE REGIONAL OFFICEENT Subject: Permit No. NCO005061 Shipping Container Division Adjudication Withdraw Cleveland County In accordance with your Petition for Contested Case Hearing filed on May 7, 1994, and subsequent Notice of-- Withdrawal dated July 25, 1994, we are forwarding herewith the subject permit. The permit has been modified as follows: • The Division has modified Part III, Special Conditions, Section F to allow for a twelve (12) month window from the effective date of the permit for either relocation or elimination of the outfall. All other terms and conditions contained in the original permit remain unchanged and in full effect. These modifications are issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. It is our understanding that this modification will resolve all items contained in the Petition for Contested Case Hearing. If this is not the case, the Container Corporation of America should notify us immediately, but no later than ten (10) days following receipt of this letter. Unless such demand is made, this.decision shall be final and binding. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper / i Mr. Ken Hughes September 6, 1994 Page Two If you have any questions concerning this permit, please contact Sean D. Goris at telephone number 919-733-5083. S'ncerely, �r� -0� 5�w� A. Preston Howard, Jr. PE. cc: Mr. Jim Patrick, EPA Y oresv lle Regi6nal-Office Attorney General's Office Permits and. Engineering Unit Central Files Compliance Permit No. NC0005061 COMPLIANCE FORM New Mod. Renewal � Discharging Code: Active Special* Newly Issued. Inactive Active, but not discharging SIC Code: 2653 Wastewater Code(s): Basin Code: Major 03 Minor 08 Latitude: 350 18' 50" Longitude: Type Ownership: PV-I Minor *Permitted with no monitoring required 02 18 MTU:02207 Sub -Minor 04 810 36' 43" Major N o 77/r /? - r'?/-: V N NAME Gv,l 6 : 81 ° 3b ' 1Y5 ,/ Permit No. NC0005061 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RE s)F RONMENT, HE r ► DIVISION OF OF ENVIRONMENTAL MANAGEME NATURAL RES0U3:<:.s PERMIT EP g 1�94 TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATIOI MANAGIMINt hJUMOVILLt REG UNRL ERE 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, Container Corporation of America is hereby authorized to discharge wastewater from a facility located at Container Corporation of America a site on NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as Unnamed Tributary to Beaverdam 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 become effective S- /— el 7 This permit and the authorization to discharge shall expire at midnight on December 31, 1998 Signed this day A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Container Corporation of America is hereby authorized to: 1. Continue to operate a wastewater treatment facility consisting of coagulant addition, fabric filters, activated carbon adsorption for industrial wastewater, comminutor, aeration basin with mechanical aerator, clarifier, chlorine disinfection and sludge holding tank for combined industrial and domestic wastewater (outfall 001), and continue to discharge non -contact cooling water (outfall 002) located at Container Corporation of America, a site on NCSR 1313, northwest 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 Unnamed Tributary to Beaverdam Creek which is classified Class C waters in the Broad River Basin. 232 - •� ` ��: Cem . _ �''� ' • - � •-'�'�•, erg- .• `4S i:` . I -I , - {LAY• _ I - - _� `F� DISCHARGE PONT �� • 0 5 f - = • `• LONG, DolZi ver •:�-• '� », l_/J ;/_ .���-�/��, Ci {mob. -� v -� _ _T•- _ 171 � _ • / � - - � _� ey � - � Cam- J �� �•. -v _� �-\ � ,� ■ 1_ _�' � � -. I/, ./ j •�� ��\\ ��� - "lam` �J �Fn• t ;2 � n rHi�E Bch \ - _ _- .-�� J eee�. a�• _ — '� )�.� /�1 l_��` - � �\ CO — F-e 6 bf ifsvl fxr3 rz-A DISCHARGE POT I 01 NPpEs Non N DD D� LAT: 360 /9150"' $/0 36, y3» LONG: A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061. 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. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C TSS NH3 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Chronic Toxicity — Discharge Limitations Monthly Avg. 0.010 MGD 30.0 mg/I 30.0 mg/I 200.0 /100 ml Weekly Avg_ Monitoring Requirements Measurement Sample "Sample Daily Max Frequency Type Location Weekly Instantaneous I or E 45.0 mg/I Weekly Grab E 45.0 mg/I Weekly Grab E 2/Month Grab E 400.0 /100 ml Weekly Grab E 2/Week Grab E Weekly Grab E Quarterly Composite E *Sample locations: E - Effluent, I - Influent 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. ** Chronic Toxicity (Ceriodaphnia) P/F at 11.0%; January, April, July and October; See Part III, Condition G. 4 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061 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: Effluent Characteristics Discharge Limitations Lbs/day Units (specify. Mon. Avg. Daily Max Mon. Avg. Daily Max. Flow Temperature Total Residual Chlorine Monitoring Requirements Measurement Sample *Sample Frequency Type Location Semi-annually Estimate E Semi-annually Grab E Semi-annually Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. * Sample Locations: E - Effluent. **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 apply only if chlorine is added to the treatment system. 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. There shall be no discharge of floating solids or visible foam in other than trace amounts. I Part III Permit No. NCO005061 E. BIOCIDES IN COOLING WATER (Outfall 002) 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. F. OUTFALL EXTENSION REQUIREMENT AND PERMIT REOPENER Within twelve months of the effective date of this permit, the permittee must eliminate the discharge or extend outfall 001 approximately 150 feet beyond the natural drainage way to the flowing creek. If the outfall is not removed or extended within the twelve month time -frame, the permit will be reopened and modified to reflect a discharge into a zero -flow stream. G. 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 significant inhibition of reproduction or significant mortality is 11.0% (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 July, October, January and April. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure. to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. -' Y State of North Carolina { Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor (f ��Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director V J � q ( July 14, 1994 Ken Hughes, General Supervisor Container Corporation of America P.O. Box 369 662 Washburn Switch Road Shelby, NC 28150 Dear Mr. Hughes: A1'� 4 J �;OA L7EHNFi N.C. DEPT. OF ENVIRONMENT, HEALTH, & NATURAL RESOURCES JUL 18 19% DIVISION OF ENVIRONMENTAL MANAGEMENT MOORESVILLE REGIONAL OFFIGE Subject: Permit No. NC0005061 Shipping Container Division Cleveland County The Divison has reviewed Container Corporation of America's letter of May 7, 1994 to the Office of Administrative Hearings petitioning for an adjudicatory hearing. The Divison has considered the concerns expressed by Container Corporation in the letter and offers the following solution: 1) Given the possibility of connection of the discharge to city sewer service and the difficulties that may be encountered in the relocation of the discharge, the Divison is willing to extend the date for relocation or removal of the discharge to May 1, 1995. This would provide a 12 month window from the effective date of the permit. Attached is a draft of the revised Part III, Special Conditions, in particular Special Condition F. If any terms or conditions proposed by this modification are unacceptable to you, you should notify us within thirty (30) days following receipt of this letter. If this permit modification is acceptable, Container Corporation of America must complete the attached Notice of Withdrawal of Petition form within thirty days of receipt of this modification and submit one copy to the Attorney General's Office as specified on the withdrawal form and one copy to this division. The original Notice of Withdrawal form should be submitted to the Office of Administrative Hearings. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper �r 1, Mr. Ken Hughes July 14, 1994 Page Two Please examine the enclosed draft permit and ensure that the changes are acceptable to you. When you have withdrawn your request for a Contested Case Hearing, the modified permit will be issued. If the proposed modifications are not acceptable to you, please notify us within thirty days and we will proceed with the adjudicatory process. cc: Mr. Jim Patrick, EPA Attorney General's Office Mooresville Regib-MMOOffice Permits and Engineering Unit Central Files Compliance Sincerely, . Preston Howard, Jr., P.E. Part III i Permit No. NCO005061 E. BIOCIDES IN COOLING WATER (Outfall 002) 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. i F. OUTF ALL EXTENSION REQUIREMENT AND PERMIT :REOPENER Within twelve months of the effective date of this permit, the permittee must eliminate the discharge or extend outfall 001 approximately 150 feet beyond the natural drainage way to the flowing creek. If the outfall is not removed or extended within the twelve month time -frame, the permit will be reopened and modified to reflect a discharge into a zero -flow str am. G. CHRONIC TOXICITY PASS/FAIL PERMIT LMH (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 significant inhibition of reproduction or significant mortality is 11.0% (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 July, October, January and April. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. I 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 suppor iing chemical/physical measurements performed in association with the toxicity tests, as well as all !dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and 'reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. STATE OF NORTH CAROLINA COUNTY OF Petitioner, V. DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF Respondent. IN THE OFFICE OF ADMINISTRATIVE HEARINGS FILE NO. NOTICE OF WITHDRAWAL OF PETITION Petitioner hereby withdraws its petition for a contested case hearing. No further proceedings are needed or required to resolve the contested case captioned above. This the d ay of , 19_ ------------------------------ Petitioner/Authority for Petitioner CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached NOTICE OF WITHDRAWAL on by having same placed in the United States Mail bearing sufficient postage for delivery by first class mail and addressed as follows: Attorney General's Office Environmental Protection Section PO Box 629 Raleigh, NC 27602-0629' --------------------- ----------------------- (Date) Petitioner/Attorney for Petitioner State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director MATRON H CULPEPPER CONTAINER CORP. OF AMERICA PO BOX 369 SHELBY NC 28'151-0369 Dear Mr. Culpepper: !09W? FAA �•• ENVIRONMENT, HEALTF%, & NATURAL RESOURCES December 12. 1994 Processing Fee Special Order by Consent EMC WQ SOC 94-34 Cleveland County DEC 16 1994 OIVISIO�, i INVIRONIMEI'TAL ,`A,d1GE';,EPiT MOORESVILLE REGIONAL OFFICE This is to acknowledge receipt of your check No. 5739837 in the amount of $400.00 received from the Container Corp. of America on December 12, 1994. If you have questions concerning the Order you may Mooresville Regional Office at (704) 663-1699 or Jeff B 530. Sincerely, Dianne cc: 1VS sville Regional Office-.-., SOC Files " Rex Gleason of the Celle at (919)733-5083 ext. isms Wilburn, Supervisor Group P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper � State of North Carolina Department of Environment, r1 Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 31, Ken Hughes r N.C. DEPT. OF g RONMENT�O R Container Corporati.� nu&_0 ES P.O. Box 369 Shelby, NC 2815Q APR g 1994 ®��ppR>ESYILLE tiE610HA19fE �E IENi Dear Mr. Hughes 1994 �z =>4•• ID FE F=?L i I Subject:! Permit No. NC0005061 Shipping Container Division Cleveland County i The Division has reviewed Container Corporation of America's "reserved" comments of December 10, 1993 in response to its draft NPDES permit. In the attached pages, each concern raised in the November letter is addressed item by item. All revisions made to the draft of this permit are explained in the following pages. Attached is NPDES Permit No. NC0005061 issued March 31, 1994. 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. i 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 iof 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 Manageent 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. SincereI , Original Siined By David A. Goodrich A. Preston Howard, Jr., P.E. cc: Mr. Jim Patrick, EPA " res�!le ��egignal�f fce I attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper i ♦ Permit No. NC0005061 STATE OF NORTH CAROLINA n DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RES op DIVISION OF ENVIRONMENTAL MANAGEMENT` PERMIT TO DISCHARGE WASTEWATER UNDER THE OWN Of NATIONAL POLLUTANT DISCHARGE ELIMINATION SYS��fE�fyr 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, Container Corporation of America is hereby authorized to discharge wastewater from a facility located at Container Corporation of America a site on NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as Unnamed Tributary to Beaverdam 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 become effective May 1, 1994 This permit and the authorization to discharge shall expire at midnight on December 31, 1998 Signed this day March 30, 1994 Dr►&31 Signed By David A ((,"nnAr6,N A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Container Corporation of America is hereby authorized to: Continue to operate a wastewater treatment facility consisting of coagulant addition, fabric filters, activated carbon adsorption for industrial wastewater, comminutor, aeration basin with mechanical aerator, clarifier, chlorine disinfection and sludge holding tank for combined industrial and domestic wastewater (outfall 001), and continue to discharge non -contact cooling water (outfall 002) located at Container Corporation of America, a site on NCSR 1313, northwest 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 Unnamed Tributary to Beaverdam Creek which is classified Class C waters in the Broad River Basin. 1337 r 1315 BM 93cem 2 - �� /� / -ram �• — , i _ - I �I ._ j� Gtet' -�• Rae DISCHARGE POINT NO:091 C3%( �S4 posal -`- .�\ .,• _ �i, / � ` =- �-LONG@• . Dover _ �• __ �.� _Ea lent �. °r• � \`.,�.� IJI •- ,, _,`/-\� __ �` �` ..,, 962 77 - f.•B endam ;SSJ. RatlioT h` i - r 'a / i ✓�` '� \, ��' VlXIK W HSZ' i ram. • r \�/ %�, � f (� \�\\�- ` ,� j ! / i � �� i 1. "� i �' �. \ `� \`\`� I '� %' ^l _` : -i -`,�/ / � I•j%� � � .�—;_' ChB � '�� mu o po �'_ —� `•� v'/mil \`\ -� /� \ � 1 �/ jj.� �; �/ �'-\�;_\ � _� 'i HP /-•. � � - ce.m I`" '-. ewe • - / _ . �:�- ✓ / ;� ^��' / '_ d - - ; µrl�,- ,\ ;' ;p _ / y„ I� v -/• dry �, ''. '.-I / /i I I'� bbp �/1 .F_ RIRns1b°h`� ••x•�y . , l� � � d� _ ^r1]� •-t C� •�. �� �:Cn 'j f: , _ `` - CON re 60 a,c Fxr3 ra•rb of NPDES DD 061 LAT: 35° 18�50`� 36 ' q3�� i.nN(: A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061 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. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C TSS NH3 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg. Weekly Avg. Daily Max Frequency Type Location 0.010 MGD Weekly Instantaneous I or E 30.0 mg/I 45.0 mg/I Weekly Grab E 30.0 mg/I 45.0 mg/I Weekly Grab E 2/Month Grab . E 200.0 /100 ml 400.0 /100 ml Weekly Grab E 2/Week Grab E Weekly Grab E *Sample locations: E - Effluent, I - Influent 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. NC0005061 During the period beginning on the effective date of the pen -nit 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: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample *Sample Mon. AM Daily Max Mon. Avg. Daily Max. Frequency Tvpe Location Flow Semi-annually Estimate E Temperature * Semi-annually Grab E Total Residual Chlorine * ' * Semi-annually Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. * Sample Locations: E - Effluent. **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 apply only if chlorine is added to the treatment system. 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. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART 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. Perrnittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 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 H STANDARD CONDITIONS FOR NPDES PER -NUTS SECTION A. DEFINTITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DENT or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. LNIC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal ItVater Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Dav Measurements The "month1v average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d . The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration".' It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day , The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow. (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The .arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Dav A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is an), pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL. CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply' with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2,500 to S25,000 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 S50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. An. person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum Hmount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed S10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Dut-v to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting. human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Aft, 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 Liabili!.z Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from an), responsibilities, liabilities. or penalties to which the penmittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills. even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal propem•, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Dutv to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying. revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request. copies of records required to be kept by this permit. Part II Page 6 of 14 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person NA-ho performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification; "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and Forth Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, ,,Ahether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ) The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAIly'TENA.\TCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the_permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused b; 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 pem-ittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment fac:lities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b . Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (11 An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State. or navigable waters of the united Staics. The permittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permirtee 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. SECTIOti D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting I Ionitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DI\1R) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day followin- the completed reporting period. The first DNiR is due on the. last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true disc;,=,rge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's �► pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314; of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to- the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recordin= 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 ri suits of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit. nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the 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 Reportine a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The followincy shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part IL E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Part II Pace 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who. knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance. or noncompliance shall, upon conviction, be punished by a fine of not more than S10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Di charges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III Permit No. NC0005061 E. BIOCIDES IN COOLING WATER (Outfall 002) 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. F. OUTFALL EXTENSION REQUIREMENT AND PERMIT REOPENER Within six months of permit issuance, the permittee must extend outfal1001 approximately -150 feet beyond the natural drainage way to the flowing creek. If the outfall is not extended within the six month time -frame, the permit will be reopened and modified to reflect a discharge into a zero -flow stream. G. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: ' I 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 significant inhibition of reproduction or significant mortality is 11.0% (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 July, October, January and April. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. PART IV ANNUAL ADIvE ISTER.LNG ANT.COMPLIANCE MONTTORLNG 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. ISSUE: General comment concerning stormwater. RESPONSE: Stormwater is not addressed in the finalized permit. Please be advised that your facility is required to obtain NPDES permit coverage for stormwater discharges occurring at the site under a separate NPDES Stormwater Permit. ISSUE: Part III, Paragraph D. RESPONSE: Container Corporation is correct in the fact that the intent of this paragraph, with respect to the Shelby facility and, in general, to most facilities, is to advise that serious consideration be given to tying process and domestic effluent into city sewer service when available or feasible to do so. ISSUE: Part III, Paragraph E. RESPONSE: Agree, such language has been added to the permit. ISSUE: Part III, Paragraph F. RESPONSE: The Division concurs that the possible difficulties in obtaining right-of-way for an outfall extension warrants a reasonable time period in which to accomplish the task. But the Division also advises that the discharge is currently in a stream with no flow during dry periods and, as such, is technically subject to much stricter zero -flow effluent requirements. The Division is willing to allow a six month window in which outfall 001 must be extended to the positive flow stream. If this cannot be accomplished within six months of issuance of the permit, the permit will be reopened and modified to reflect a zero flow discharge. See Part III, Paragraph F. Please note that the requirement to extend outfall 002 to the positive flow stream has been deleted. ISSUE: Part III, Paragraph G. RESPONSE: With regard to your comments in Paragraph III.F. Chronic Toxicity. Enclosed please find a copy of an information packet on whole effluent toxicity monitoring that is sent to all permittees that are required to perform such monitoring. This packet contains copies of all North Carolina defined toxicity procedures as well as references for the EPA procedures on which they are based. We hope this will help to answer many of your questions. Specifically in regard to the following: Accuracy,by definition, of toxicity analyses cannot be measured. Reliability is a subjective term but we would consider the analysis reliable as demonstrated by several authors',2,3,4,5 in judging the effectiveness of the analyses in predicting impact. Reproducibility can be characterized by measure of test precision. The most current EPA procedures, on which the N.C. defined tests are based, report single laboratory precision as maximum possible for hypothesis testing, precision of one concentration interval for hypothesis testing in one inter - laboratory study of hypothesis testing endpoints, and coefficients of variation of 27% for 7-day survival and 40% for reproduction in another inter -laboratory study using point estimation techniques. The likelihood of false -positive results of the analyses is set by the level of statistical certainty used in the analysis (i.e. 99%) Thus any test would have a 1 in 100 chance of producing a false -positive result. Any significant adverse effects realized in control populations in the test would be realized through control acceptability criteria and the subject analysis would be invalidated. Biomonitoring is normally required of all facilities discharging industrial wastewater in order to monitor for possible synergistic effects. While your permit does not require monitoring for possible metals or toxic constituents, based on the type of industry, the Division has reason to believe toxics may be present in sufficient amounts to warrant a toxicity monitoring requirement. In your case, chronic biomonitoring is being required in order to meet the goals of the above as well as North Carolina water quality standards for the discharge of toxic substances in toxic amounts. The discharge duration, frequency, and magnitude of your facility dictates, p�r established policy, that a chronic exposure occurs and thus chronic protection is applied. Ceriodaphnia dubia has been selected as the default lEagleson, Kenneth W., David L. Lenat, Larry W. Ausley, and Ferne B. Winborne. 1990. Comparison of measured instream biological responses with responses predicted using the Ceriodaphnia chronic toxicity test. Env. Toxicol. and Chem. Vol. 9, No. 8. pp 1019-1028. MMount, D.I., Nelson A. Thomas, Teresa J. Norberg, Michael T. Barbour, Thomas H. Roush,'and William, F. Brandes. 1984. Effluent and Ambient Toxicity Testing and Instream Community Response on the Ottawa River, Lima, Ohio. EPA-600/3-84- 080. August, 1984.Environmental Research Laboratory, Duluth, Minn. 3Mount, D.I., Alexis E. Steen, and Teresa Norberg-King. 1985. Validity of Effluent and Ambient Toxicity Testing for Predicting Biological Impact on Five Mile -Creek, Birmingham, Alabama.. EPA/600/8-85/015. December 1985. Environmental Research Laboratory, Duluth, Minn. ¢Mount, D.I. and Teresa Norberg-King. 1986. Validity of Ambient Toxicity Testis for Predicting Biological Impact, Ohio River, Near Wheeling, West Virginia.. EPA/600/385/071. March, 1986. Environmental Research Laboratory, Duluth, Minn. 5Norberg-King, Teresa J, and Donald I. Mount. 1986. Validity of Effluent and Ambient Toxicity Tests for Predicting Biological Impact, Skeleton Creek, Enid Oklahoma. EPA/600/8-86/002. March, 1986. Environmental Research Laboratory, Duluth, Minn. analysis through which chronic protection will be measured due to several reasons including: 1) -The species is defined as an acceptable sensitive species by 15A NCAC 2B.0202(45)(b). 2) The test is established, defined, and well researched by EPA and the scientific community. 3) The test, particularly the N.C. defined mini -chronic, is widely available and cost effective commercially. 4) The test provides whole effluent toxicity data that is as precise as many other parameters currently used in the NPDES program. The 11 % limit is based on the percentage of receiving stream flow which your discharge will comprise during a period of permitted effluent flow and 7Q10 receiving stream flow as required by 15A NCAC 2B.0206(2). Monitoring requirements are established to minimize required monitoring for discharges which remain compliant with limitations. Quarterly monitoring for compliant discharges has been established as the standard minimum frequency for continuous and/or frequent discharges. The monitoring requirements and limitations will remain in the permit for the period of discharge or duration of the permit. Since the observable inhibition of reproduction is defined by the protocols with a level of statistical significance, your suggestion to include the word "signif cant' in that phrase is acceptable. i SOC PriorityLL Project: Yes No X If Yes, SOC No.: To: Permits and Engineering Unit Water Quality Section Attention: Sean Goris Date: May 7, 1993 NPDES STAFF REPORT AND RECOMMENDATION County: Cleveland Permit No. NC0005061 PART I - GENERAL INFORMATION 1. Facility and Address: Container Corporation of America Post Office Box 369 Shelby, North Carolina 28150 2. Date of Investigation: May 6, 1993 3. Report Prepared by: Kim H. Colson, Environmental Engineer I 4. Persons Contacted and Telephone Number: Ken Hughes, (704) 482-4471 5. Directions to Site: From the intersection of US Hwy 74 and SR 1313 (Washburn Switch Road) west of the City of Shelby, travel north on SR 1313 approximately 1.75 miles. The plant is located on the right side of SR 1313. 6. Discharge Point(s), List for all discharge points: Latitude: 35' 18' 50" Longitude: 81' 36' 43" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: F12SE U.S.G.S. Quad Name: Shelby, NC 7. Site size and expansion area consistent with application? Yes. 8. Topography (relationship to flood plain included): Flat slopes; the WWT facilities are not located within the 100 year flood plain. 9. Location of nearest dwelling: One dwelling is located approximately 400 feet from the WWTP. 10. Receiving stream or affected surface waters: UT Beaver Dam Creek. a. Classification: C b. River Basin and Subbasin No.: Broad 030804 Page Two C. Describe receiving stream features and pertinent downstream uses: Small. wet weather creek. General "C" classification uses downstream. PART II — DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.010 MGD (ultimate design capacity) b. Current permitted capacity of the wastewater treatment facility: 0.010 MGD C. Actual treatment capacity of the current facility (current design capacity): 0.010 MG•D d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Existing WWT facilities consist of coagulant addition, fabric filters, and activated carbon adsorption for industrial wastewater; and a comminutor, aeration basin with a mechanical aerator, clarifier, chlorine disinfection and a sludge holding tank for the industrial and domestic wastewater combined. f. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM Permit No.: N/A Residuals Contractor: N/A Telephone No.: N/A b. Residuals stabilization: PSRP PFRP Other C. Landfill: N/A d. Other disposal/utilization scheme (Specify): Private septage hauler. 3. Treatment plant classification (attach completed rating sheet): Class II (WWTP formerly classified as Class I) 4. SIC Code(s): 2653 r A Page Three Wastewater Code(s) Primary: 02 Secondary: 78 Main Treatment Unit Code: 0200 PART.III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with, Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: This Office will be scheduling a toxicity.test for the subject facility to evaluate the need for permit toxicity testing requirements. 3. Important SOC, JOC or Compliance Schedule dates (Please indicate): N/A 4. Alternative Analysis Evaluation: Spray Irrigation: N/A Connection to Regional Sewer System: The facility is currently investigating the possibility of connecting to the City of Shelby's wastewater collection system. 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: There are no known air quality, groundwater or hazardous materials concerns. 6.. Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Container Corporation of America, has applied for permit renewal. The company has been acquired by the Jefferson Smurfit Corporation. The facility does generate approximately 900 gal/day of industrial wastewater. The industrial wastewater is treated in 450 gallon batches. Usually 2 batches are treated each day. The industrial wastewater is approximately 20-25% of the total flow. The facility does not discharge directly into the designated receiving stream. The discharge occurs in a natural drainage way approximately 150 feet from the flowing creek. The natural drainage way is a zero flow stream, while the designate receiving stream does have positive flow. The facility should be required to extend the outfall to the positive flow stream. 1 11 Page Four The facility may be able to construct a sewer line which would eliminate the discharge. The facility is currently negotiating with Specialty Lighting Company concerning joint construction of the sewer line. The company could not advise on the final disposal of the sludge pumped by McSwain Septage Company. The company should be required to document that final disposal of the sludge is in accordance with the Division's regulations. It is recommended that the permit be renewed as requested provided the above mentioned concerns are addressed. 0/1- W. l- Signature of report preparer Water Quality ional Supervisor Date ruu,unu arn�nw nunr 7 � urnuave r.e wr. �`\ / �)�+ / aa, -��( \� \\� )% \ �'�: ,_.\\• p• _)L_\\�; r 1 - 8 \''i/ O � ( +�. ,t �`� � l /, / `(,l, ,I •l r� ,�-.�iro� � i _-`,J <" (:`,\(, /, �/ / (j / �P . , •, 1` �' 1' I m; •i " ,�' (O '6 � � 0 '� .1 ' �� O i/ 4�s IR IF A T�l sIA- Oft �\ mm `,✓ i�T n• �.� I ;\ —�`/ a-\ 2 (/° .�'� \ �i � ,��, �.(�,�- `' -� ri I � \ •, :. J _. ^ . 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Central Office ORC Ve,�_A Grade 7� Plant Class: (circle one) I G III IV Total Points ITEM POINTS (5) SECONDARY TREATMENT UNITS (a) Carbonaceous Stage (1) Industrial Pretreatment Units and/or (i)Aeration - High Purity Oxygen System ..... 20 Industrial Pretreatment Program Diffused Air System ........... 10 (see definition No. 33) 4 Mechanical Air System (fixed, (2) I N FLOW OF PLANT IN GPD floatingor rotor not applicable to non -contaminated cooling waters, sludge ( PP 9 9 . Separate Sludge Reaeration ..�.. 3 handling facilities for water purification plants, totally (ii) Trickling Filter closed cycle systems (def. No. 11). and facilities High Rate ................... 7 consisting only of Item (4) (d) or Items (4) (d) and (11) 0 -• 20.000 (� Standard Rate ............... 5 . . . Packed Tower . . 5 20,001 -- 50000 .......................... 2 (ii!) Biological Aerated Filter or Aerated 50,001 — 100.000 ........................... 3 Biological Filter ...................... 10 100.001 250.000 .......................... 4 (iv) Aerated Lagoons ..................... 10 250.001 -- 500,000.......................... 5 500,001—1,000.000 .......................... 8 (v) Rotating Biological Contactors .......... 10 1,000,001 .- 2.000.000 ........................ 10 2,000.001 (and up) - rate 1 point additional for each (vi) Sand Filters- 200,000 gpd.capacity up to a intermittent biological ..... 2 maximum of 30 recirculating biological ..... 3 (3) Design Flow Sgpdr : PRELIMINARY UNITS (see definition no. 32) (vn) Stabilization Lagoons ................... (viii)Clarifier (a) Bar Screens ................................ 4?14FN ....................... (ix) Single stage system for combined 5 or carbonaceous removal of BOD and (b) Mechanical Screens, Static Screens or Comminuting Devices ........... ............. 2 nitrogenous removal by nitrification (see def. No. 12) (Points for this item (c) Grit Removal ............................... 1 have to be in addition to items (5) (a) or f7 through (5) (a) (viu ................. 8 (d) Mechanical or Aerated Grit Removal ........... 2 (x) Nutrient additions to enhance BOD (e) Flow Measuring`Device....................... 1 femoval............................... 5 or (xi) Biological Culture ('Super Bugs') addition (f) Instrumented Flow Measurement .............. 2 to enhance organic compound removal ..... 5 (g) Preaeration ................................ 2 (b) Nitrogenous Stage (h) Influent Row -Equalization ......:............ 2 (i) Aeration - High Purity Oxygen System ..... Diffused Air System ........... 20 10 (i) Grease or Oil Separators - Gravity .......... ' 2 Mechanical Air System (fixed, Mechanical .......... 3 floating, or -rotor) ...... ...... 8 Dissolved Air Flotation. 8 Separate Sludge Reaeration ..... 3 01 Prechlorination .............................. 5 (ii) Trickling Filter - High Rate ........ 7 (4) PRIMARY TREATMENT UNITS Standard Raatete ............ 5 (a) Septic Tank (see definition no. 43) .............. 2 Packed Tower ............ 5 (b) Imhoff Tank .. ............................... '5 (iii) Biological Aerated Filter or Aerated (c) Primary Clarifiers ............................. 5 Biological Filter ......................... 10 (d) Settling Ponds or Settling Tanks for Inorganic (iv) Rotating Biological Contactors ............ 10 Non -toxic Materials {sludge handling facilities (v) Sand Filter - for water purification plants, sand, gravel, intermittent biological ........ 2 stone, and other mining operations except recirculating biological ......... 3 recreational activities such as gem or gold (vi) Clarifier ............................... 5 mining) ...................................... 2 (6) TERTIARY OR ADVANCED TREATMENT -UNIT (10) CHEMICAL ADDITION SYSTEM (S) (See definition No.' 9) (a) Activated Carbons Beds - . (not applicable to chemical additions rated as item without carbon regeneration .................. 5 (3) a). (5) (a) (xi). (6) (a). (6) (b). (7) (b). (7) (e), with carbon regeneration .................... IS Powdered or Granular Activated Carbon Feed - (9) (a), (9) (b), or (9) (c) 5 points each: List: ( 5 (b) .... • � without carbon regeneration ................. k—li .. • • • with carbon regeneration .... , ............. 15 ..... 5 (c) Air Stripping ........ ................•5 ..... 5 (d) Denitrification Process (separate process) ..... 10 (e) 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 def. basins which are inherent in land application systems). 2 No. 4)................ :.................. 10 (c) Stage Discharge (not applicable to storage basins (ii) by high rate infiltration on non -agriculturally inherent in land application systems ... ................................. . managed sites (includes rotary distributors (d) Pumps...._._:....._._3 and similar fixed nozzle systems) ........... 4 (e) Stand -By Power 3 (iii) by subsurface disposal (includes low pressure (f) Thermal Pollution Control Device .... _....................................... 3 pipe systems and gravity systems except at plants consisting of septic lank and nitrifica- tion lines only) ............................. 4 TOTAL POINTS WMicroscreens.................................. 5 (j) Phosphorus Remoral by Biological Processes CLASSIFICATION (See def. No. 26) ............................ 20 (k) Polishing Ponds - without aeration ....... 2 Class I ..__._ _ __...... _.... 5 - 25 Points with aeration .......... 5 Class Il..__ _ .......»».. _: 26- 50 Points (I) Post Aeration - cascade .............. 0 Class 51- 65 Points diffused or mechanical ... 5 Class IV ... _._....... . ». _ . 66- Up Points (m) Reverse Osmosis ................................. 5 (n) Sand or Mixed -Media Fillers - 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 (a) 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 II. I 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 11. Aerobic............... 5 Unheated ............. 3 Facilities having treatment processes for the biological removal (b) Sludge Stabilization (chemical or thermal) ....... 2 of phosphorus will be assigned a minimum classification of Class (c) Sludge Drying Beds - Gravity ................. Ill. Vacuum Assisted ....... 5 (d) Sludge Elutnation ............................. 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 (f) Sludge Thickener (gravity) - - • • - • • • • • •........... 5 treatment. Likewise, discharges of wastewater from residences (g) Dissolved Air Flotation Unit having a design flow of 1.000 god or less, shall not be subject to (not applicable to a unit rates as (3) n ......... 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 Filter Press or other similar dewalering devices .................... 10 (8) SLUDGE DISPOSAL (including incinerated ash) (a) Lagoons ........................................ 2 (b)� Land Application (surface and subsurface) (see definition 22a) -where the facility holds the land app. permit ... 10 -by contracting to a land application operator who holds the land application permit ................ 2 -land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated ......... 10 (c) Landfilled (burial) ............................. 5 (9) DISINFECTION 5 (a) Chlorination ............................. 5 (b) Dechlorination ........................ 5 (c) Ozone .............................. (d) Radiation .......................... 5 '' M P G I M-XV _ V- c, DEPT. OF NATMuL f XC ` � p3snrto Y2ES®YIP AND jj//-�v�.C. � �01OfMYJNIITV DEVELOPMENT APR 2 8 1993 .v Departmentlife DIVISION OF Eh'VIRomr11EIJTAE MANAGEMENT l State of North Carolina WE�bUE REGIUAL GFFJCE of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street . Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Kenneth R. Hughes Container Corporation of America PO Box 369 Shelby, NC 28150 Dear Mr. Hughes April 20, 1993 Subject: Jonathan B. Howes, Secretary NPDES Permit Application NPDES Permit No . NC0005061 Container Corp. of America Cleveland County This is to acknowledge receipt 'of the following documents on April 5, 1993: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $200.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, 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) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other Pollwlion Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 . An Equal Opportunity Affirmative Action Employer . .-A 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 Sean Goris (919/733-5083) of our Permits Unit for review. You will be advised or any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed abov cerel Coleen H. Sullins, P.E. CC. Asheville Regional Office ) r 1 S _ NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR AGENCY USE To be filed only by persons engaged in manufacturing and mining Do not attempt to complete this form before reading accompanying instructions Please print or type APPLICATION NUMBER )v 1 (9 (9 / DATE RECEIVED 3 1 H -v A s- YEAR MO. DAY..e 1. Name, address, location, and telephone number of facility producing discharge A. Name z�on!a�v��r 90r10ov�,7��0A d ��herleA B. Mailing address '�nn / 1. Street address t� 2. City SA el& 3. State _ h'oytti �'�rYD%it?o 4..County_.�Ile- l ,rl 5. ZIP 60 C. location: 1. Street b11a GtJas/{6Hyn sl•�� fcd, �Daol 2. city S e 3. County /? lahC/ 4. State Nllr^ - Caro [Lp =� D. Telephone No. 7 7� L #5-` Area. Code 2. SIC r. a (Leave blank) 3. Number of employees If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item 5. 4. If you, meet the condition stated above, check here C and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. of C^yJniZ&Lt.i17n responsible for receiving waste B. Facility receiving waste: 1. Name - — 2. Street address . 3. City 4. County - 5. State 6. ZIP �S. Principal product, -O raw material (Check' one) 021F 15. Principal process d _, 7. Maximum amount of principal product produced or raw material consumed per (Check one) Amount Basis 1-99 (1) 100-199. (2) 200-499 (3) 500-999 (4) 1000- 4999 (5) 5000- 9999 (6) 10,000-= 49.999 (7) 56.000 or more (D) A. var B. Month C. Year L H, MnxIn. in anuanl nl prinI.iIInI IrrnrIII r1. (1r(14111r1-41 u► raw W'AIerInl rrwr-.uur•d, 1'4•1uulr-11 in tLra. /, above.. is measured in (Lh120. une): A.0 pounds 6.0 tons C.o barrels D.O bushels E.O square feet F.O gallons G.O pieces or units H,jother. specify 7,41)P 5 nr✓ 9. (a) Check here if discharge occurs all year )(. or (b) Check the tnonth(s) discharge occurs: 1.0 January... 2.,0 February 3. O Marcn 4.0 Apri 1 5.0 May 6.0 June 7.13 July, 8.0 August 9.13 September 10.0 Octoher II.13 November 12.0 December (c) Check how many days per week: 1.0 1 2.0 2-3 3.0 4-5 4.)(6-7 ,n T...r. ..s .,acta rrafor discharoed to surface waters only (check as applicable) Volume treated before F low, gallons per operating day discharging (percent) Discharge per operating day 0.1-999 1000-4999 5000-9999 10.000- 50.000- None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (B) (9) (10) A. Sanitary, daily y average B. Cooling water, etc. yl da 1 l.y average C. Process water, daily average D. Maximum per operat- ing day for total y discharge (all types) ,\ 11. if and° cf the three types of waste identified in Item lo.either treated or untreated. are discharged to pulses other than surface water-., check below as applicable. Waste water is discharged to: Average flow, gallons per operating coy 0.1-999 (1) 1000-4999 (2) 5000-9999 (3) 10.000-49,999 (4) 50a00 or alone (5) A. Municipal server system B. Underground well C. Septic tank D. Evaporation lagoon or pond E. Other. specify 12. Number of separate discharge points: A.O 1 B. 2-3 C.O 4-5 U./o b or more r Q S r,-,? Saaar��Q lb• l re-e - 13. Name ar receiving water or waters .� 14, Does your discharge contain or is it possible for your discharge to contain one or more of the following substances -do did as a result, of your operations, _ activities, or processes: ammonia cyanide. aluminum. beryllium, cadmium, chromium. copper. lead, mercuryo nickel. selenium. zinc. phenols. oil and h ovine ;grease. and c(residual). A.)I(yes B.O no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete. and d•,Ole i2t.� J Lt /�PY`UiSf1Y` Printed Name of� n SiQni Title Date Application Signed_ Signature of Applicant :orth Carolina General Statute-143-215.6(b)(2) provides that: Any person who knowingly makes eny false statement representation, or certification in any application, record, report, plan, >r other document files or required to be maintained under Article 21 or regulations of the -.nvironmental Management Commission implementing that Article, or who falsifies, tampers -with, '...r knowly renders inaccurate_any.recording or monitoring device or method required. to be :operated'or maintained under Article'21 or regulations of -the Environmental Management Commissio• '.mplementitig that Article, shall be guilty of a misdemeanor pumishable by a fine - not to exceed s10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provid +_. punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, -"or a similar offense.) -�0 Of Nt49 �,."t �Y �� °� 9S1IState of North Carolina � Fa 19Iftepartment of Environment, Health and Division of Environmental Management al Resources Q�� t 5North Salisbury, Street • Raleigh, North Carolina 27604 James . � n� . .Wrwemor Jonathan B. Howes, Secretary April 20, 1993 Kenneth R. Hughes Subject Container Corporation of America. PO Box 369 `Shelby, NC 28150 Dear Mr. Hughes NPDES Permit Application NPDES Permit No . NC0005061 Container Corp. of America Cleveland Countv This is to acknowledge receipt of the following documents on April 5, 1993: Application Form Engineering Proposal'(for proposed control facilities), Request for permit renewal, Application Processing Fee of $200.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other , 11 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 . Pollwlion Prevention Pays P.O. Box 29535, Raleigh; North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer plication is notmade complete within thirty (30) days, tie returned to you and may be resubmitted when complete. This application has been assigned to Sean Goris (919/733-5083) of our Permits Unit for review. You wiii be advisees or any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and, recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed abov cerel N\ ov�Fs vLc.{,r T Coleen H . Sullins,' P.E. cc: T� Regional office :AROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT )N OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINA11UN SYSTEM APPLICATION FOR PERMIT TO DISCHARGE•— SHORT FOrRt FOR ® T3� AGENCY USE To be filed only by persons engaged in asanufacturgaNdining APPLICATION NUMBER Gm.o� o!Q DATE RECEIVED 9 0 jo S— ���� YEAR Mo. DAY 10tions 51 Do not attempt to complete this form before reading accom nx' io�� 'Ba. Please print or tyui 1. Name, address, location, and telephone number of facility producing discharge A. Name eon 1'rA in e,)- ornov- 7L Oki c7 70 /-lid er CCU B. Mailing address 1. Street address G� " rx G 9 2. City /7 P//9 3. State _ Moe6A La ry A P 4. County �'jc°L� �ai1� 5. ZIP s? C. Location: 1. Street XX101(151� illrli Jla. Ac )6�6 cc d 2. City �'� 3. County 4. State D. Telephone No.�l 15 Area Code 2. SIC (Leave blank) 3. Number of employees lay If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item S. 4. if you meet the condition stated above, check here D and supply the. information asked for below. After completing, these items, please complete the date,.title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste S. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5. State 6. ZIP �5. XPrincipal product, Draw material (Check one) r & .i .g i� '6. Principal process l�%1G�L��_�c�� ftrNe' �7� �r�y-rAQa14'd /3'-)C4Y` 7. Maximum amount of principal product produced or raw material consumed per (Check one)' Amount Basis 1-99 (1) 100-199 (2) 200-499 (3) 500-999 (4) 1000- 4999 (5) 5000- 9999 (6) 109000-° 49.999 (7) 50.000 or more (8) A. pay B. Month C. Year N, Mnx in. m+ animild of Irrin(Alin I ln•rnlm 1. lirtNlm o-ol m raw mnl er hi I r rwroaiwd, rello, I "d in Item /. above, is measured In (LhcL1. une): A.o pounds B4O tons C.O barrels D.0 bushels E.o square feet F.O gallons G,o pieces or units H.) other, specify �/Jnus�rnn/ SS{lrav�_ Ye7` ; 9, (a) Check here if discharge occurs all year', or - " - (b) Check the. month(s) discharge occurs: 1.0-January 2.O .February 3, 0 March 4.0 Apri 1 5.O May 6.3 June 7.0 July 8.0 August 9.0 September 10.0 October ll.0 November 12.0 December (c) Check how'many days per week: 1.0 1 2.0 2-3 3.0 4-5 4.)(6-7 In_ Tvoes of waste water discharged to surface waters only (check as applicable) " Volume treated before F low. gallons per operating day discharging (percent) Discharge 'per operating day 0.1-999 1DOO-4999 5000-9999 10,D00- 50,000- None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6). (7) (8) (9) (10) A- Sanitary, daily y average B. Cooling water, etc. daily average C. Process water, daily average ). Maximum per operat- ing day for total x discharge (all types) '\ 11. if any ccf the three types of waste identified in item 10,either treated or untreated, are discharged to places other than surface water-,, check below as applicable. Averaoe flow. gallons per operating day \ Waste water is discharged to:. 0.1-999. (1) 1000-4999 (2) 5000-9999 (3) 10,000-49.999 (4) 50,000 or more (5) A. Municipal sewer system B. Underground well C. Septic tank D. Evaporation lagaon or pond E. Other. specify 12. Number of separate discharge points: A.O 1 B. 2-3 C.O 4-5 D.o 6 or more 13. Name of receiving water�or waters Ur [��ay�ttl� 1M [ ri^��X - 14. Does your discharge contain or is it possible for your discharge to contain one or more of the followin substances d� ded as a result of your operations, activities, or processes: ammonia cyanide. aluminum, beryllium, cadmium, chromium, copper. lead. mercur nickel, selenium, zinc. phenols, oil and grease, and ch ortne (residual, A.Ayes 'B4O no I certify that 1 am familiar with the information contained in the application and that to the best of.my knowledge and belief such information is true, complete, and accurate. / r. Printed Namej of Pf�rson Si nin Title � /Y! /Yr Gi of �/ P Date Application Signed_ _ _ Signature of Applicant North Carolina General Statute 143-215.6(b)(2) provides tha-t: 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 knowly renders inaccurate. any. recording or monitoring device or method required to be operatedmorimaintained undermArticle m21 or regulations of the Environmental Management Commissio, implementing that"Article, shall be guilty of a misdemeanor pumishable by a fine -not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provid a punishment by.a fine of not more than $10,000 or imprisonment not more than 5 years, or both, fnr n cimilnr nr"fPncP_) State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Kenneth R. Hughes Jefferson Smurfit Corporation - Shelby Plant P.O. Box 369 Shelby, NC 28150 Dear Permittee: A Tk IV; VIFAA 44 NC DENR May 11, 1998,;�. Subject: Renewal of NPDES Permit No. NC.660606'1 Shelby Plant Cleveland County - Che subject permit expires on December 31, 1998. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than July 4, ' 998. Failure to request renewal by July 4, 1998 will result in a civil assessment of at least $250.00. Larger. ;aenalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after December 31, 1998 (or if continuation of the permit is desired), the aermit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after December 31, 1998 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to >10,000 per day. f all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert .',Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact .:he Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items which you must submit when applying for renewal of the subject permit. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed below. dncerely, arles H. Weaver, Jr. ,gPDES Unit c: Central Files _ Mooresville Regional Office,. Water Quality Section P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us NC DENR / DWQ / NPDES Permit Renewal Applications Renewal Package Checklist NPDES Permit No. NC0005061 Jefferson Smurfit Corporation - Shelby Plant Cleveland County The following items are REQUIRED for all renewal packages: F-1 A cover letter requesting the renewal and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. F-1 The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.H.b. of the NPDES permit). ❑ A renewal fee of $200 in accordance with 15A NCAC 2H .0105(b). The fee is based on wastewater flow from the Shelby Plant discharge. Make checks payable to NC DENR. See the note below concerning fee amounts. F-1 A narrative description of the sludge management plan at the subject facility. If your facility has no sludge management plan, explain the reason for this in your cover. letter. Submit one original and two copies. The following requirement does NOT apply to municipal or non -industrial facilities. The following item applies to Industrial facilities only: F-1 Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis in accordance with 40 CFR Part 122.21. Send the completed renewal package and appropriate fee to: Mr. Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 Raleigh, North Carolina 27626-0535 For renewal packages postmarked on or prior to July 4, 1998, submit a fee of $200. For renewal packages postmarked AFTER July 4, 1998, submit a fee of $400. ; �{^ State of North Carolina 1-v'� e Department of Environment, Resources ?2' Health and Natural Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Kenneth Hughes Jefferson Smurfit Corporation P. O. Box 369 Shelby, North Carolina 28150 Dear Mr. Hughes: A4 • • C�EH4 �.��.or U I��f�Et•.Jl .T lY7. _'' �1 `: i'_l�tlt.tY ilia co T A s 5; v Lt_:2u3 March 1, 1996 I `'6 Subject: Toxicity Testing NPDES Permit No. NCO005061 Jefferson Smurfit Corporation Cleveland County The Division of Environmental Management issued you a permit modification dated January 26, 1996. Mr. Jay Lucas of my staff received your call on February 14, 1996 requesting that the toxicity testing be changed from composite sampling to grab sampling. The Division is granting this request. Please find the enclosed amended effluent sheet which should be inserted into your permit. The old page should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611- 7447. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this revision, please contact Mr. Lucas at telephone number (919) 733-5083, extension 502. incerely, A. Preston How , Jr., P.E. cc: Central Files Q resw�ili e' e ional[OO ffice s ater s u1a J IR Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facility Assessment Unit Technical Assistance and Certification Group Aquatic Survey and Toxicology Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consum6r paper DIVISION OF ENVIRONMENTAL MANAGEMENT July 12, 1994 MEMORANDUM TO: Dave Goodrich THROUGH: Matt Matthews fr'r� FROM: Kristie Robeson ;/ SUBJECT: Permit Modification Container Corporation of America NPDES Permit No. NCO005061 Cleveland County N.C. DEPT. OF gNV'RONMENT, HEALTHY e NATURAL RESOURCrS JUL 14 199A DIVISION OF ERYM RifgENTAI MAMAGEMEMq h100RESVIUL WOM DEFlI- By cover letter dated March 31, 1994, the facility was issued NPDES Permit No. NCO005061 with an effective date of May 1, 1994, and expiration date of December 31, 1998. Upon review of the the permit, it was noted that the M3 page for outfall 001 did not include toxicity as an effluent characteristic. However, Part III, Condition G, indicates that toxicity is a required testing parameter. It is the recommendation of this office that toxicity testing be included on the M3 page for outfall 001 in the above mentioned permit. I appreciate your assistance to review the recommended changes and undertake any necessary steps to modify the existing permit. Should you have any questions, please feel free to contact me at 2136. cc: M@em. s. 'e e�R g;ional °flee Larry Ausley Central Files J l�{V` �5 / � o r. or 1V�� CQ a RESo'tjRC4,s �rvr,rrd IDL. State of North Carolina Department of Environment, Health and Natural Resources JI Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 r PIT James U: fi�I�rtrn;;�oye�o' William W. Cobey, Jr., S�ecktary James Buckwalter, Jr. P. O. Box 369 Shelby, NC 28150 Dear Mr. Buckwalter: George T. Everett, Ph.D Director May 16, 1991 Subject: Permit No. NC0005061 Container Corporation of America Cleveland County - In accordance with your application for discharge permit received on October 19, 1990, 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 H, 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 perrnit 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 signed by ®ale Overcash for George T. Everett cc: Mr. Jim Patrick, EPA oo • 77i'1 - RegionaO 06 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0005061 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, ' C. 2VA7,u nra. o Container Corporation of America ` fir? JSi n . is hereby author'z`ed'to d%s e wastewater from a facility located at �'`) ZT I �� ; io, a site on NCSR 1313 Ui{'ISr'� r northwest of Shelby Cleveland County f� Pii L OfFICE to receiving waters designated as East Fork Beaverdam 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 become effective July 1, 1991 This permit and the authorization to discharge shall expire at midnight on December 31, 1993 Signed this day May 16, 1991 Original sigetd by Dale n}�,. _L George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Py - Permit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Container Corporation of America is hereby authorized to: 1. Continue to operate the existing extended aeration package plant (outfall 001), and continue to discharge non -contact cooling water (outfall 002) located at a site on NCSR 1313, northwest 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 East Fork Beaverdam Creek which is classified Class C waters in the Broad River Basin. 4654 1 SW LArrlMOI?C.' 6 A41 U) Fof?ES T CITY 14 Mi. (BOILING SPRINGS NOR CD cn .5WAIN SVILlf V/ W C7 066 ------ — MI' co -J tj —cb /A Ogg 03 Ir LZ tI _ I � , •�! � \\ �" � � °`, \ �\ , • J- \II �` \ ° �/ \ �-- r _ . `gym , i & ' _ — ._ c co t V, r A. ( ).'EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061 During the period beginning on the effective date of the pen -nit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring .Requirements Measurement Sample *Sample Monthly Avg. Weekly Avg. Daily Max Frequency Type Location Flow 0.01 0 MGD Weekly Instantaneous I or E BOD, 5 day, 200C 30.0 mg/I 45.0 mg/I 2/Month Grab E Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Grab E NH3 as N Monthly Grab E Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Month Grab E Total Residual Chlorine Daily Grab E Temperature Weekly Grab E *Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored-2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061 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: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day. Units (specify) Measurement Sample *Sample Mon. Avq. Daily Max Mon. Avq. Daily Max. Frequency Type Location Flow Temperature Total Residual Chlorine THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER. *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. 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. There shall be no discharge of floating solids or visible foam in other than trace amounts. 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. 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 II 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 detehnined 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. lypes 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 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 H 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)] 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, 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 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable; and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part 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 an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new 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. Sig_nat= 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: 0) 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 Pemut 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, of 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 A-11 previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SEQnON C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Pursuant to Chapter 90A744 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 Qperation 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. 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 H 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. 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. Affect 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 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 211, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part H 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. 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 petmittee 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 II Page 12 of 14 MGM 6 6 50 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 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 oradditions 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 iri the permitted facility or activity which may result in noncompliance with permit requirements. 4. Tranf 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 ReRms 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 Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission .shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (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 14 of 14 9. Noncompliance Notification The pernrittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in' the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B . Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge; on a . routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. .I' Part III Permit No. NC0005061 D. 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. E. Within thirty days of permit issuance, the permittee shall submit a description of the current sludge handling and disposal plan to the Division of Environmental Management for approval. 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. DIVISIUN Or EMIRON1,4E tTAL MANAGMNT A OF, 19'9E D Witter Quality Division Mr. J. C. Darden, Plant Engineer Container Corporation of America P.O. Boy. 369 Shelby, North Carolina 28150 Dear Mr. Darden: MAY 6 1981 Western Regiom l Offices Asheville, North Carolina Subject: permit No. NCOOOS061 Container,Corporatton of America Cleveland County In accordance with your application for discharge Permit received Decenber 3, 1930, we are forwarding herewith the subject State — NPDES Permit, This Permit is issued pursuant to the requirements of north Carolina General Statutes 143-215.1 &ad the Memorandum of Agreement between Worth Carolina and the U.S. E'nviroiraental Protection Agency dated October 19, 19.75. If any parts, requirautents, or limitations contained in this Permit are unacceptable to you, you have the right to an adjudica�tory hearing before a hearing officer upon written demand to the Director within 30 clays following receipt of this Permit, identifying the specific issues to be contended. Unless such demand is made, this Penuit shall be final and binding. Please take notice that this Permit is not transferable. Pnrt 11, 8.2. a3ddresoea the requirements to be followed in case of change in ownership or control of this dischargo. This Permit does not affect the legal requirement to obtain other Permits which may be required, by i!:1±e Division of Environmental rianagetaent. If you have any questiona concerning this Permit, please contact Mr. Bill Hills, telephone 919/733-5131. Sincerely yours, Original Signed by R. S. TAYLOR Robert F. Helms Director cc: Mr. George Marlow, ELA Asheville Regional Office Ashcaville Ragional. Office Manager Permit No.- NU uuuouol 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 Carolir Environmental Management Commission, and the Federal Water Pollution Control Act, amended, Container Corporation of America, Shelby, North Carolina is hereby authorized to discharge wastewater from a facility located at Washburn Switch Road, Cleveland County, North Carolina to receiving waters East Fork, Beaverdam 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 become effective APR 2 9 1991 This permit and the authorization to discharge shall expire at midnight on MAR 3 1 1986 Signed this day of APR 2 9 1981 Original Signed by R. S. TAYLOR Robert F. Helms, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 & I1 Al NPDES Discharge Permit No. NC0005061 Container Corporation of America Shelby, North Carolina is hereby authorized to: 1. Continue operation of an existing 0.15 MGD extended aeration wastewater treatment facility subject to Part III, condition No. C. 2. Discharge from said treatment works into East Fork, Beaverdam Creek which is classified Class "C". 7-10 flow equals 0.18 cfs. /--4 L-3 A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final During the period beginning on effective date of this Permit and lasting until expiration permittee is authorized to discharge from outfall(s) serial number(s) 001-wastewater treatment plant. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Kg/day (lbs/day) Other Units (Specify) Measurement* Sample ** Sample Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Locat;.n Flow, M3/Day (MGD) -- -- 37.9 (0.010) 56.8 (.015) Continuous Instantaneous I or E BOD, 5-Day, 200C 1.2 (2.5) 3.4 (7.5) 30 mg/l 45 mg/l Monthly Grab I,E,U,D Total Suspended Solids 1.2 (2.5) 3.4 (7.5) 30 mg/l 45 mg/l Monthly Grab I,E Fecal Coliform/100 ml -- -- 1000 2000 Semi -Annually Grab E,U,D Residual Chlorine -- -- 0.2 - 0.5 mg/l Weekly Grab E COD -- -- -- -- Semi -Annually Grab E,U,D Settleable Matter (30 min.) -- -- -- -- Daily Grab E Temperature -- -- -- -- Weekly Grab E,U,D Dissolved Oxygen -- -- -- -- Weekly Grab U,D Total Residue -- -- -- -- Annually Grab I,E pH __ __ -- -- Monthly Grab I,E,U,D NH3-N -- -- -- -- Annually Grab I,E * Daily stream sampling frequency may be reduced at each sampling station to one (1) time per week except during the months of June, July, August, and September when the frequency must be no less than three (3) times per week at each sampling station. ** All stream samples shall be grab samples. *** I - Influent, E - Effluent, U - Upstream, D - Downstream n(D 0) oF1 75 o� oz Cn The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final During the period beginning on effective date of this Permit and lasting until expiration- permittee is authorized to discharge from outfall(s) serial number(s) 002-cooling water discharge. Such discharges shall be limited and monitored by the permittee as -specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency hype Locat Flow, M3/Day (MGD) -- -- 34.1 (.009) 34.1 (.009) Monthly - Computed I or E Temperature -- -- 350C (95°F) 380C (100°F) Daily Grab E pH -- -- -- - Monthly Grab E * I - Influent, E - Effluent, U - Upstream, D - Downstream Receiving water temperature shall not exceed 2.8°C (5.04°F) above the natural water temperature and in no case exceed 290C (84.2°F) as result of this discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Permit No. NC 0005061 B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: N/A 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. N/A i`M 4 & I 4 PART I C. Permit No. NC Act used herein means the Federal Water Pollution Control Act, As amended. DEM used herein means the Division of Environmental Management of the Department of. Natural Resources and Community Development "EMC" used herein means the North Carolina Environmental Management Commission. . MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shall be. summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no.later than the 45th day following the completed reporting period. The first report is due on JUL 15 1981 The DEM may require reporting of additional monitoring results by written notification. Signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 3. Definitions a. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. b. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to The EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the. Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this pe►7iit, the permittee shall record the following information: 15 PART I Permit No. 14C a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; d. The analytical techniques or methDds used; and e. The results of all required analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM MR 1.0, 1:1, 1.4) Such increased monitoring frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollu- tants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained by the permittee for a minimum of three (3) years, or longer if requested by the State Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 16 PART 11 Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit: The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing', within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge, 3. Facilities Operation The permittee-shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M8&I7 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or,if such alternative power source is not in existence, and no date for its implementati-on appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. PART II Permit No. NC B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit�in the name of the prospective owner. A copy of the letter shall beJorwarded to the Division of Environmental Management. 3. Availability of Reports Except.for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2)'-or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the im osition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2� or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and G. S. '143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b.. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M10&I9 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any -responsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and.the remdinder of this permit shall not be affected thereby. M11 &I10 • PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. I 11 PART II.I Permit No. NC B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from.this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has'been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans.may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment p.lant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. M15&I12 DIVISION OF ENVIRONMENTAL MANAGEMENT ENVIRONMENTAL OPERATIONS SECTION ASHEVILLE REGIONAL OFFICE February 17, 1981 MEMO TO: A. C. Turnage, Jr., Coordinator Permits and Engineering THROUGH: Roy M. Davis, Regional Supervisor Environmental Operations Section -RE Asheville Regional Office N. 0. Gerald, Coordinator Permits and Engineering Group Asheville Regional Office FROM: Gary T. Tweed�9 ��� Environmental Engineer Asheville Regional Office SUBJECT: Draft NPDES Permit No. NC0005061 Container Corporation -of -America Cleveland County The attached subject draft permit is for your review. ar 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, Container Corporation of America, Shelby, North Carolina is hereby authorized to discharge wastewater from.a facility located at Washburn Switch Road, Cleveland County, North Carolina to receiving waters East Fork, Beaverdam 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. on This permit shall become effective This permit and the authorization to discharge shall expire at midnight Signed this day of Robert F. Helms, Acting Director Division of Environmental Management By Authority of the Environmental Management Commission M1 & I1 NPDES Discharge Permit No Container Corporation of America Shelby, North Carolina is hereby authorized to: 1. Continue operation of an existing 0.15 MGD extended aeration wastewater treatment facility subject to Part III, condition No. C. 2. Discharge from said treatment works into East Fork, Beaverdam Creek which is classified Class "C". 7-10 flow equals 0.18 cfs. ri W A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final During the period beginning on effective date of this Permit and lasting until expiration permittee is authorized to discharge from outfall(s) serial number(s).001-wastewater treatment. Flout. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Kg/day (lbs/day) Other Units (Specify) Daily Avg. Daily Max. Daily Avg. Daily Max.. Flow, Pia/Day (MGD) °BOD, 5-Day, 20oC Total Suspended Solids Fecal Coliform/100 ml .Residual Chlorine .... CO D Settleable Matter (30 min.) Temperature ,Dissolved Oxygen Total Residue _ pH NH.3-N Monitoring Requirements Measurement* Sample ** Sample **' Frequency Type Location 37.9 (0.010) 56.8 (.015) Continuous Instantaneous I or 1.2 (2.5) 3.4 (7.5) 30 mg/l 45 mg/l Monthly Grab I,E,U,D 1.2 (2.5) 3.4 (7.5) 30 mg/l 45 mg/l Monthly Grab I,E -- -- 1000 2000 Semi -Annually Grab -E,U,D. 0.2 - 0.5 mg/l Weekly Grab E Semi -Annually Grab E,U,D Daily Grab E Weekly Grab E,U,D+ _- -- -- Weekly Grab U,D Annually Grab IE Monthly Grab I,E,U,D Annually Grab I ,E Daily `stream sampling frequency may be reduced at each sampling station to one (1) time'per week except during the months of June, July, August, andSeptemberwhen the frequency must be no less than three (3) times per week at each sampling station. ** All stream samples shall be grab samples. *** I - Influent, E - Effluent, U - Upstream; D - Downstream The pH shall not be less than .6 0 standard units nor greater than 9:0 standard units and shall bemonitored as specified above. There shall be no discharge of floating solids or,visitile foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS —Final During the Period. beginning on effective date of this Permit and lasting until expiration permittee is authorized to discharge from outfall(s) serial number(s) 002-cooling water discharge. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow, M3/Day (MGD) Temperature pH, Discharge Limitations_ Kg/day (lbs/day) Other Units (Specify) Daily Avg. Daily Max. Daily Avg. Daily Max. -- -- 34.1 (.009) 34.1 (.009) -- -- 350C (95°F) 380C (100°F) Monitoring Requirements Measurement Sample Sample Frequency Type Location Monthly Computed I or I Daily Grab i Monthly Grab * I Influent, E - Effluent, U - Upstream, D - Downstream Receiving water temperature shall not exceed 2.8°C (5.04°F) above the natural water temperature and in no case exceed 290C (84.2°F) as result of this discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored as specified above. E E z -v n m o� o -'' Ul `+. C CY) O H There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Permit No. NC 0005061 �LE OF COMPLIh"k C 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule:. N/A 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, anyremedial actions taken, and the probability of meeting the next scheduled requirement. N/A M 4 &..-I 4 PART. III Permit No. NC 0005061 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked. by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National' Pollutant Discharge Elimination System governs discharges. -from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto . shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the -DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General.Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the .grade equivalent to the classification assigned to the wastewater treatment facilities. M15&I12 Permit No. NC 0005061 STAFF REPORT AND RECOMMENDATIONS Date: February 17, 1981 PART I - INSPECTION OF WASTEWATER TREATMENT PLANT SITE - EXISTING 1. Facility: Container Corporation of America Shelby, North Carolina Cleveland County 2. Inspected by: Edward H. Duerr - March 10, 1980 3. Persons contacted: Mr. J. C. Darden 4. Directions to site: -From-the intersection of SR 1340 and SR 1313, proceed north'on SR 1340 approximately one=half mile -to the plant. 5. Latitude: 350 18' 39" Longitude: 810 361,3911 PART II - WASTEWATER. TREATMENT WORKS - EXISTING 1. Description of waste treatment facility: The facility is an extended aeration type consisting of a bar screen., aeration, clarifier, flow measurement and post chlorination. 2. Final disposition of sludge: Sludge is removed by septic tank.cleaning firm as necessary. PART III —EVALUATION AND RECOMMENDATIONS: Container Corporation has requested renewal of NPDES Permit No. NC0005061. No conditions have changed since previous Permit was issued. Company is presently in compliance with Permit conditions. Effluent limitations proposed are consistent with,303e Basin Update. It is recommended that this Permit be renewed. PREPARED BY: Gary T. Tweed North Carolina Division of Environmental Management. Checklist of Facility Components To Be Used In Determing Facility Classification All information will be printed: `-.Name of Plant County Owner or Contact Person �/�/Z%�;7d��.fY�� 7 Mailing Address d ZZ) S� Telephone y Street or P. 0. Box No. Town or dity Zip `Permit Number Information Construction Status NPDES Permit No. Ale-.600:S06 // Please Check: Existing Facility Date Issued Upgraded Facility New Facility State Permit No. If Upgraded or New Facility, Give: 50% Completion Date Date Issued 100% Completion Date Rated by C�J�}T�► �. �J`�TG�'J -Regional Office Date, Operator in Responsible Charge 'Grade/-�.� Design Flow of Plant in GPD: ®/ Plant Class. ITEM `POINTS () DESIGN FLOW OF PLANT IN GPD (not applicable to non -contaminated cooling waters and non-discharging"systems) 0 -- 20,000 . . . . . . . . . . . . . ... 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 2,000,001 (and up)'- rate 1point additional for each 200,000 GPD capacity up to a maximum of:,. 30 Design Flow (GPD): �('Q (2) PRE-TREATMENT UNITS (se'r, def init ion no.. 34) (a) Inf.lueut. Sumps (including air lift.) -.. 3 .(h) Bar Screens ................... or (c) Mechanical Screen_, Static: .Screen, or or Comrninutinq Eovic?,-_...._.._.._...__ 2 Grit. RE-moval.._._..................... (e) or Mechanical or Aorated Grit. Removal.._. (f) Flow Pipasurinq Device ................. (y) or Instrumented Flew Mea_utement......... 2 (h) Preap ration or. Fyua.lization ------------ 1 (i) Greaser or Oil Soparators -- Gravity... 2, Mechanical. 3 Aerated... _ S, . t71 ChemicalCorditi.oniny--------------.._. 5 (3) PRIMARY TREATMFNT TIN3TS (ay Septic Tank (see- definition no. 43) ._.. 2 (b) Imhoff.Tar.k........ ............ _...... 3: (c) Primary Clarifir-ts .(including sludge air litts).............. -------------- 5 (d) Settling ,PondF or Settling Tanks. -for Inorganic_ Non -toxic Matc-rials Tnvol- v.ing a Discharge to tte Surface. W.,iters ( and, gravel, stone, and other mi ninq operations except recce -activities such.as gem or gc.ld rti.iai11q)--_-•------------•--•---••---- 00 (4) SECONDARY TREATMENT UNT'I5 (a) Cdrbonacoous St.a(1Fr ( i) Aeration - tiigh Furity oxygen Sy_;tNm.--...................... • ; 20 Diffused Air System_.. , . (0 Mechanica 1 Air System (f i xer3, f Inat.inq or zotoi)-----•---- - - - - -- 8 Separate sludge Reaeration—-_...... 3 (i i? `fri.r.klin(j. T'ilter - High Rate ------ 7 Standard Pate.. 5 Fcickeel Tower... 5 Aor(.itod Lagoons .................. 10 (i v) vot,, ti nq hioLogical Contactors (biodisc) . . . ..... . . . . 10 (v) Sand Filters (intermittent bioloci ical) - ..-_...._..,.._..._- (vi.j Stabi.lization Lagoons with Outlet to Stream..-• ---•---•--...._.... (vii) Clarifier_ (including sludge air lifts) .............. . ............ (b) Nitrogenous Stage (i) Aeration: Nigh Furity Oxygen System ............................ Diffused Air System... Mechanical Air System (fixed, floating, or rotor) ................ Separate Sludge Reperation............. ,(.ii) 'i'r.icklinq .Filter - .High Rate..... Standard Rage_ Packed Tower.. (i.ii) Rotating Biological Contactors (bio,)isc) _ _ _...... (iv) Sand Filter (intermittent bio- logical) -• ....................... (v) Clarifier (including sludge air .lifts) ... _.....-_..•......._.._ (5) TFRTIAR'Y OR ADVRNCFT THATNcNT UNITS (a) Activated Carbon Beds - without carbon regeneration.. with carbon regeneration.. (b) Powdered cr_-Granular Activated Carbon . Feed - without carbon regeneration.* with carbon regeneration.. (c) Ammonia Str_ipr.inq ..... _...._.. .(d) Chemical Additions .......... ......... . (e) Denitrification Process (separate ............ 0 ...... (f) Elect rodi a!ysis.._.............._._.._.. (g) Foam Separation ............. .(h) Ion Exchange. (i) Land Application (sce definition no_ .._....... not app) irable. for facilities under 9 (a) 2 5 � ( 20 (0 8 3 7 5 5 k 2 5 15 r 15. 18 -• 5 !0 5 5 5 01 (3) (6) (7) (8) ( /) ( ) ;Kicroscreens.......................... . 5 (k) Phosphorus Removal.................... 20 {1) P,)lishinq Ponds - without aeration.... 2 with aeration....... 5 (m) Post.Acration - cascade ............. 0 .diffused or mechanical 5 (n) Pre -Package Unit for Removal of 6_1 and �L'(�dSP..........................---. 30 (o) Reverse. osmosis ....................... 5 (p) Sand or Mixed -Media Filters -- low rate... 2 high rate.. 5 SLUDGE TREATMENT (a) Sludge Digestion -Tank -- Heated....... 10 Aerobic...... 5 Un-heated.... 3 (6)) Sledge Stabilization (chemical or thermal) .............................. . 10 (c) Sludge Drying Beds ................... 2 (d) Sludge EIutriat.ion.................... 5. (�=) Sludge Ceriditioner (chemical or thermal) ....... ....................... 5 (f) Sludge Thickener.......... ........ oo.- 2 (g) Sludge Gas Utilization (including gas st.orage)_.._---•---•...--•----........ 2 (h) S '_udge Holding Tank - Aerated......... Ncn-aerated..... (i) S' edge Incinerator (not including a -tivated carbon regeneration) ........ 10. (J) V :cuum Filter, Centrifuge or Filter P.-ess..__... ......................... 10 S'UDGE DISPOSAL (including incinerated ash). (a) L,.goons.___.......... 2 (b) It.nd _Application (surface and sutsurface) definition 23a).................. 10 (c) L.t.ndfiibed (burial) ..................®. 5 D TSi7qF -CT1ON 2 (r:) Past.._.,.•._.._...._<_......._....-...-.. �3� (d) Dr?chlorination ...... .................. 5 ((-�) Chlorine or Ozone Generation.......... 5 ('*) R ad.i_ctt ion.......... •.................. 3 M' SCEL .A NECU S UNITS (-.) ll:�lciincz Ponds or Holding Tanks for I -to ga,nir., Non -toxic Paterials with no 1)ischar<Ie to the Surface Waters.... .. 2 tid('je handling facilities for water Purification plants, sand, gravel, crushed stone and other similar oper- ations -- see definition. no. 10) (4 ) (MISCELLANEOUS UNITS CONTINUED) (b) Holdinq f"cnds oL Holding Tanks for Organic ot: -Toxic .Materials with no Discharge to t.be Surf.acE Water....... -4 (Any pumF, valve, or cther mac:hanical control- subject to failuiP cr.r-atinq a potential fcr byf:ass cr di_:chiirtje from the holilina ponds or t-irks will neces- sitate a riniaum c la=E-if ication of class T :.•�quirinq a certified operator.) (c) Holdinq Pend for fJfluent Flow Equilization and/or Stacie Discharge ................ 5 (d) Effluent Fumps........................ . 3 (e) Tn-Plant Pumps (includinfl air lifts).. 2 (f) stand -Ay Power Supply................. ;3 (g) Thermal Folluticn -Control Device.:.... (h) Treatment Processes fcr Pemoval of Metal or. Cyanide and Cth"r Toxic TMAL POINTS CLASST F ICATI ON Cla s:; I ........... _........ .. .' . 5 - 25 Poi cats C1,iss I1 .............................20 - 50 Points Class ITT.... ................... 51 - 65 Points Class TV ............................66 - Tlp' Points Facilit-ies h'avinj a , rat-inq of rtr t.hLc,udh four- poi at', inclusivA, do not L'.":luirp' a certified cpt3rator. Classification of all other f aci l i ties req ui Les a comparable q-rade operator .in rs-sponsihla charcjir. (5) - DEC 8 1980 CLEVELAND COUNTY jv RECEIVED ADMINIS-.I RATION PNR&c.® Water Quality Division }' September 23, 1980 DEC 8 1980 Offic Caroli gTel e. na VVes,w.-:'s I;;:Li;,na[ M . Parker Asheville, North North Carolina Dept, o and Community Dev P. 0. Box 370, 159 Woo Permits Department f Natural Resources elopment dfin Street Asheville, North Carol ina 28802 RE: Renewal of NPDES Permit #0005061 Our present NPDES By means of thislette Our daily flow rate is permit #0005061 expires on June 30, 1981. , r I am requesting renewal of this permit. well within the design limit of our waste treatment plant and no new production systems have been installed that would cause us to emit a different effluent. If there is any action we need to ase take regarding renewal of this permit, ple advise us. Best regards, CONTAINER CORPORATION OF AMERICA J J. C. Darden Plant Engineer JCD:ckg cc: R. G. Kelly C. M. Park -% olk Permit No. NC0005061 E 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, Container Corporation of America is hereby authorized to discharge wastewater from a facility located at Container Corporation of America a site on NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as Unnamed Tributary to Beaverdam Creek 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, 1998 Signed this day A. Preston Hove `fir., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission w A16 Permit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Container Corporation of America is hereby authorized to: Continue to operate a wastewater treatment facility consisting of coagulant addition, fabric filters, activated carbon adsorption for industrial wastewater, comminutor, aeration basin with mechanical aerator, clarifier, chlorine disinfection and sludge holding tank for combined industrial and domestic wastewater (outfall 001), and continue to discharge non -contact cooling water (outfall 002) located at Container Corporation of America, a site on NCSR 1313, northwest 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 Unnamed Tributary to Beaverdam Creek which is classified Class C waters in the Broad River Basin. _-- __ __ )`, a%r` \ n l7 �=—'--� `\-,(� ,\,I.���,. �•, -`,.� I � vim- � ` _ �� s ,-�_ \ \ ! �• ire \\ � ��� \' 'I, -\� �h\� L` \ \`�\� � \\, 1337 .77 ... may. I ,•;" •+''�. `'Il,� 11�I v, -�-_ -.✓13/1 Gib ✓' 315 _J v 93BM2 I '- i Cem Cv Tn-C_4E(z �O bh rn�t DISCHARGE POINT of NPDES NO: N DD D(aI LAT: 35a 1f��5o�� LONG: U71 � =4- �� :' '� _ x,- _L ,• `. it �` I Y _ _ _ _ , Ra TT III' P — • i•. �, 131/. ' � — J I l � - � = I '!_- 41 '_(;•' ! Trailer I , _, Yn� • \, I _yam - _ _ . ` „ `•, 1=\ - ,Park-- \ ,"•S •' �- J 'I ( �..\ - •sewage Disposal =0 ` ,•` ( I' ,1 �—•' ' o 'Dover lant 801, ell i lI •\ —� _V, I Pik _ '�.- - _ __ / eM .p/ /��—�� .�'• , � 'ti • '' '��LAC-- /, '�- + 1�c �. i �tt51 '•.\ :\ •••I�� Radio I c l WI(IK W H886 ff S), !� , —v 1 / / ` I I� 1 mil �a •✓ /,i .•rC' '/`//�r ---,� �r j 'Park '�✓ b //,// " �jj8� / +;%ram A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO005061 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. Such discharges shall be limited and monitored by the permittee as specified below: . Effluent Characteristics Flow BOD, 5 day., 20°C TSS NH3 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature C ti12 &ra< \ -/ . Discharge Limitations Monthly Avg. 0.01 0 MGD M.0 mg/I 30.0 mg/I 200.0 /100 ml *Sample locations: E - Effluent, I - Influent Weekly Avg_ Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type Location Weekly Instantaneous I or E 45.0 mg/I Weekly Grab E 45.0 mg/I Weekly Grab E 2/Month Grab E 400.0 /100 ml Weekly Grab E 2/Week Grab E Weekly Grab 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. t f A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No NC0005061 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: . Effluent Characteristics Flow Temperature Total Residual Chlorine Discharge Limitations Lbs/day Units (specify) Mon. Avg. Daily Max Mon. Avg. Daily' Max. * tr Monitoring Requirements Measurement Sample Frequency Type Semi-annually Estimate Semi-annually Grab Semi-annually Grab *Sample Location THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. * Sample Locations: E - Effluent. E E **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 apply only if chlorine is added to the treatment system. 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. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0005061 E. 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. F. Outfall Extension Requirement. Within three months of permit issuance, the permittee must extend both discharge 001 and approximately 150 feet beyond the natural drainage way to the flowing creek. S. ECT, c>t= CSZ V tk- kcc-t l n1uT r✓l1 -!�v7� hri!� I� r IT ✓� G t F2u,✓! c G. 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 11.0% (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 July, October, January and April. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. a 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. NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0005061 PERMITTEE NAME: Container Corporation of America FACILITY NAME: Container Corp. of America Facility Status: Existing Permit Status: Renewal Major Minor 11' C. JDF� . ®11 NA J a�-Esoupers AND g T,Ici'iAjyj �7 WEL®PMENT Pipe No.: 001 Design Capacity: 0.010 MGD �� o 9 1993 Domestic (% of Flow): 75 % ,-c.1;��t�ht FAMOUS Industrial (% of Flow): 25 % `a 1V+�'am RQ Comments: Outfall 002 - cooling water. Industrial waste consists of inks and lug_es used in the manufacture of cardboard boxes (see staff report) RECEIVING STREAM: U' to Beaverdam Creek Class: C Sub -Basin: 03-08-04 Reference USGS Quad: F 12 SE (please attach) County: Cleveland Regional Office: gional Office Previous Exp. Date: 12/31/93 Treatment Plant Class: II Classification changes within three miles: none Requested by: Sean Goris Date: 5/12/93 Preparediby:Q� Date:Reviewey: ate: d l'3 S 3 AA Modeler Date Rec. # _J_an,J Drainage Area (mi ) 6, 7 $ Avg. Streamflow (cfs): /, / 7Q10 (cfs) 0d Z Winter 7Q10 (cfs) 0, 3-? 30Qq_Lcfs) a-, 37 Toxicity Limits: IWC % Ac e/Chronic ` ' Instream Monitoring: Parameters Upstream W".oet Downstream Location Effluent Characteristics Summer Winter BODS (mg/1) 3C NH3-N (mg/1) D.O. (mg/1) TSS (mg/1) 50 F. Col. (/100 ml) Z° a pH (SU) Comments: Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date bf Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCA' Request # Container Corp. of America NC0005061 75% Domestic / 25% Industrial Existing Renewal East -Fork Beaverdam Creek C k 4 nt r= ! ; UUL 13 IM "7461 ' 4 . r �a C. DEPT. OF NA'T'UR,], RESOURCES AND CO3 MUNITY DEVELOP,ifwT 030804 JUL 2 1 1993 Cleveland Stream Characteristic• Goris Date: DIVISION OF ENVIRONMENTAL PAIN-GWNT 5/13/93 Drainage Area (A ESVJI'74GJDUL OFFICE F12SE Summer 7010 (cfs): 0.12 Winter 7Q10 (cfs): 0.33 Average Flow (cfs): 1.1 30Q2 (cfs): 0.37 IWC (%): 11 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of NPDES permit. MRO indicates that discharge is not directly to East Fork Beaverdam Creek but 150 ft from stream. MRO recommends condition in permit that facility must extend directly to stream with 3 months from permit issuance. They are also scheduling toxicity test for effluent to see if permit limit needed. Will recommend whole effluent toxicity testing (Chronic Ceriodaphnia P/F) for 11% at direct discharge into East Fork Beaverdam Creek.. Special Schedule Requirements and additional comments from Reviewers: Recommended by Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineerin RETURN.TO TECHNICAL SERVICES BY: Date: 7/2/93 AUG 0 6 1993 ?,a n 2 CONVENTIONAL PARAMETERS Existing Limits: Monthly Average -- Summer Winter Wasteflow (MGD): 0.010 BOD5 (mg/1): 30 NH3N (mg/1): monitor DO (mg/1): nr TSS (mg/1): 30 Fecal Col. (/100 ml): 200 pH (SU): 6-9 Residual Chlorine (µg/1): monitor Temperature (°C): monitor Recommended Limits: Monthly Average Summer Winter Wasteflow (MGD): 0.010 BOD5 (mg/1): 30 NH3N (mg/1): monitor DO (mg/1): nr TSS (mg/1): 30 Fecal Col. (/100 nil): 200 pH (SU): 6-9 Residual Chlorine (µg/l): monitor Temperature (°C): 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 Parameter(s) Affected 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. {.4 INSTREAM MONITORING REQUIREMENTS Upstream Location: Downstream Location: Parameters: 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. C.4 Facility Name CONTAINER CORP. OF AMERICA_ Permit # NC0005061_ 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 _11_% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarter 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 _ _JUL OCT JAN APR_. 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 rof 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 0.12 cfs Permitted Flow 0.010 MGD 1WC 11 Basin & Sub -basin BRD04 Receiving Stream East Fork Beaverdam Cr County Cleveland ;d by: 19%. Date N 7/l/93 QCL PIF Version 9191 NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0005061 PERMITTEE NAME: Container Corp. of America / Shelby Facility Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: �''Tti rs�{r off, Domestic (% of Flow): 100 % Industrial (% of Flow): o/Zrj Comments: Ontfnll 00? wnctelnnH nllnratinn cheet not nttnrhed - rnnlinu nxert 0.010 MGD RECEIVING STREAM: East Fork Beaverdam Creek Class: C., Sub -Basin: 03-08-04 Reference USGS Quad: F 12 SE (please attach) County: Cleveland Regional Office: Asheville Regional Office Previous Exp. Date: 4/30/91 Treatment Plant Class: Class 1 Classification changes within three miles: none Requested by: Rosanne Barona Date: 10/22/90 Prepared by: Date: 3419 Reviewed by: Date: Modeeler Date Rec. .Tju � �b , Z Z ,5 q# S-/ / ,�, DrainagArea (miZ) Avg. Streamflow (cfs): 7Q10 (cfs) Q • 1 a Winter 7Q10 (cfs) 33 30Q2 (cfs)-O. 37 Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: Parameters Upstream _ Downstream Location Location Effluent Characteristics BOD5 (ma) 3 a NH3-N (mg/1) rnoyinc D.O. (mg/1) — TSS (mg/1) F. Col. V100 ml) ,?DD pH (SU) FiECEiVED oa ell (0,12',100"1'Ji i Comments: NE Ce- 777Z -JZ dlP f rVpcd StIA4Y kcnd Ckj 4w1 Cstosa[ S-W.#tt, 41 f N. (. DEPT, OF NATURAL >Z- E C E I WE co.. AND � atet Quality Section !;L1011MENT -1- 1991 = 1 - .' FACT SHEET FOR WAS TELCPA1 IAA LWtkTI09S MIANAGENtNt ;; ;; gee MODRE91"E REGIONAL OF Rues fifl8 C?'.f?Vill' I ('.i Facility Name :Container Corporation of America - Shelby NPDES No. :NC0005061 Type of Waste :95% Domestic/5% Industrial Facility Status :Existing �3g Permit Status :Renewal Receiving Stream :East Fork Beaverdam Creek Stream Classification:C Subbasin :03-08-04 County :Cleveland Stream Characteristics: Regional Office :Asheville USGS # 02.1526.0085 Date 1991 Requestor • :Rosanne Barona Drainage Area: 0.78 sq.mi. Date of Request :10/22/90 Summer 7Q10: 0.12 cfs Topo Quad :F12SE Winter 7Q10: 0.33 _efs Average Flow: 1.10 cis 30Q2: 0.37 cfs Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility meets most limits. Two fecal violations in 1990. A summer ammonia limit is recommended to avoid ammonia toxicity. slK� UMSI.'A� QAa CVs ?DSA( ScktMt Sk®alJ iu cgpcovtl 6P-4m ��p,%� �'s etisSKal• Special Scheduled Requirements and additional comments from Reviewers: Recommended by: Date: Reviewed by Instream Assessment: Y�^ ll_ SIn��M( Date: Regional Supervisor:-' Date: Permits & Engineering: Date: 3171 1/ RETURN TO TECHNICAL SERVICES BY: MAR 1 '. 1991 -2- CONVENTIONAL PARAMETERS Existing Limits Monthly Average Daily Maximum Summer/Winter Wasteflow (MGD): .01 BODS (mg/1): 30 NH3N (mg/1): monitor DO (mg/1): TSS (mg/1): 30 60 Fecal Coliform (/100 ml): 1000 PH (SU) : 6-9 Chlorine (mg/1): monitor Toxicity: Recommended Limits Monthly Average Daily Maximum Summer/Winter Wasteflow_ (MGD) : .01 BOD5 (mg/1): 30 NH3N (mg/1): 7/monitor DO (mg/1): TSS (mg/1) : 30 60 Fecal Coliform (/100 ml): 200 PH (SU) : 6-9 Chlorine (mg/1): monitor Toxicity: INSTREAM MONITORING REQUIRMENTS: Upstream: N Location: Donwstream: N Location: Limits Chancres Due To: Instream Data Ammonia Toxicity Chlorine Nutrient Sensitive Waters HQW New 7Q10 flow data Special Modeling Studies New facility information Other Parameter(s) Affected Ammonia (explanation of any modifications to past modeling analysis includidng new flows, rates, field data, interacting discharges, etc.) 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 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director February.11, 1991 James Buckwalter Container Corporation of America z P.O. Box 369 Shelby, NC 28150 Subject: Chlorine Toxicity NDPES Permit No. NC0005061. Cleveland County Dear Mr. Buckwalter: Chlorine, a widely used wastewater disinfectant for the treatment of coliform organisms, often remains instream in residual amounts that may prove to be toxic under critical low stream flow conditions. In the last decade, EPA assessed the potential adverse effects of chlorine to the aquatic environment and has taken steps to -reduce the impacts through the development of federal criteria. In 1986, EPA recommended that all states have a chlorine standard by their next triennial review of water quality standards. In revising its water quality standards in 1989, North Carolina developed an action level for chlorine of 17 ug/l (freshwater classes only). In addition, the fecal coliform limit was reduced from 1000 colonies/100 ml to 200 colonies/100 ml. Under a new DEM procedure, dechlorination and chlorine limits are now recommended for all new or expanding dischargers proposing the use of chlorine for effluent disinfection. The Division is reviewing chlorine levels from all existing dischargers as part of their NPDES permit renewal process. Our records indicate that chlorine from your facility's effluent discharge may be toxic to aquatic life in the receiving stream under low flow conditions, i.e., the amount of chlorine discharged causes an exceedance of the instream action level for chlorine (17 ug/1 for chronic effects and 28 ug/1 for acute effects) under 7Q10 conditions (the lowest average daily flow for seven (7) consecutive days during a ten (10) year period). Action should be taken to -reduce the effluent concentration of chlorine to an acceptable• level. Based on your instream waste concentration of 11%, an acceptable level of chlorine in your effluent is 28 ug/1 or 0.028 mg/1. If this level is not feasible, you should consider dechlorination or alternate methods of disinfection for your facility to ensure that both chlorine and bacterial limits are met. In addition, if your facility plans to undertake any phase of construction, dechlorination or alternate disinfection should be included. However, please note that an authorization to construct must be obtained from this Division prior to any alteration to your treatment plant. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer - /- The Division is currently reviewing its water quality regulations pertaining to chlorine. In the future, effluent limits and/or dechlorination may be required of existing facilities with chlorine problems. If the chlorine levels in your facility's effluent remain unchanged, a chlorine limit or whole effluent toxicity requirement may be added to your permit limitations. Please feel free to call Forrest Westall of the Division's Regional Office at (704) 251-6208, if you have any questions or comments regarding this issue. SWT/eaj cc: Asheville Regional Office Central Files Sincerely, `Steve W. Tedder Water Quality Section Chief Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer TO',',, PERMITS AND ENG: ERING UNIT WATER QUALITY SE'-_TION DATE: October 31, 1990 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Cleveland PERMIT NUMBER NC0005061 PART I - GENERAL INFORMATION 1. Facility and Address: Container Corporation of America Post Office Box 369 Shelby, N. C. 28150 2. Date of Investigation October, 4 1990 3. Report Prepared By: Jim Reid 4. Persons Contacted and Telephone Number: James Buckwalter Lester Bridges 704-482-4471 5. Directions to Site: From the intersection of SR 1314 and SR 1313, travel North on SR 1313 approximately one-half mile to the plant. 6. Discharge Point(s), List for all discharge points: Latitude: 350 18' 54" Longitude: 810 36' 31" Attach a USGS males extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. U.S.G.S. Quad Name Shelby, NC 7. Size (land available for expansion and upgrading): Several Acres 8. Topography (rela�ionship to flood plain included): Flat, above flood plain 9. Location of nearest dwelling: Greater than 500 feet 10' Receiving streai r affected surface water: East Fork Beaverdam Creek a. Classification: C b. River Basin and Subbasin No.: BRD 03-08-04 c. Describe receiving stream features and pertinent downstream uses: Wildlife support, agricultural uses PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 95 % Domestic 05 % Industrial a. Volume of Wastewater: 0.010 MGD (Design Capacity) b. Types and quantities of industrial wastewater:50-100 gpd of wash water from a cornstarch glue mixing area. C. Prevalent toxic constituents in wastewater: None known or suspected. d. Pretreatment Program (POTWs only): in development approved should be required not needed XX 2. Production rates (industrial discharges only) in pounds per day: N/A a. Highest month in the past 12 months: lbs/day b. Highest year in the past 5 years: lbs/day 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart: Production of corregated board from craft paper. 4. Type of treatment (specify whether proposed or existing): 2 existing discharges. 001 is 95% domestic and < or = 5% starch waste discharged from an extended aeration package plant. 002 is non -contact cooling water. 5. Sludge handling and disposal scheme: Land application by septic tank pumper on pumper's septage field. 6. Treatment plant classification: Less than 5 points; no rating (include rating sheet, if appropriate). I 7. SIC Codes(s): 4952, 2645 Wastewater Code(s): Primary 02 Secondary 14 1 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant funds (municipals only)? N/A 2. Special monitoring requests: No 3. Additional effluent limits requests: 4. Other: Prior to reissuance request information about sludge disposal. Regional understanding ks that a septage hauler places sludge removed from Container Corporation's WWTP onto his septage field. PART IV - EVALUATION AND RECOMMENDATIONS After verification of an approved sludge handling and disposal scheme, renewal of NPDES Permit NC0005061 is recommended. 4 Sign ure of Report Preparer ater Quality Regional Supervisor Date V �N W FOREST CITY 14 MI. c�om•SW LA 7 5 MI. R r_c a nru\ v . SWAINSVILLE 1.7M1. V Inv."•., ..' ""'.... "..""' �C� 0 fo �, - ==o "� �, • ,,, �;� �_ �° ,� _ _ a-� ;,. � - co Dn 1960. RI" CD /,n ..\ f 1G\ cue cfp fi O` a' ec6011 O O. Go -4N K�yC � C7 Oe .1��0,! �5 Q'9 e �yyy� y tio' Q! ia .oe Oti p GG.' Q� �p�,a, oG�° 10 G el o ao Gye \ fig y'y Clay bti �a 0 �yfi yK'e�, yGa 0 v� ei - Oa p0 Ga °� y4 04 a' y 01 vs," efi �e �e � ,Ll `,,�p1 a 9 fiG io Off° y,G y�g �� GfiP'fi �1 2 0 3 �ypS' Q ey4` Ge�y fi �K)bGee K, Y g yG3 syfiOS 4 Q S-° a� e 0. �C,�'a y{` Qy 0 ^Y Ofi a o by y QQy eK, ofi etio� �5e fee Z0 4yfi G 0��a�y y ey anti b ^q fi ati Gi Q� �� �e ��e °S o ed' yG �e o� 0 5yfi ' 1 G"e tie 6 o �'yfi �ti 4 ti G is 0Q 5 '� 2>. 4 e y e O fig Po e�,�`efi y5 ,ebeag���e• yS� e.�e�,��'c2 YoQ e °my0 ° a kt Ke °°tiK- o' e Oel va 0 6ee ai K,ti15 o add ry y� e,�y� .0 ofi 0`e A. Name �ti�fie��aO��yOfiyOfi' e��eQO�y,�y�y5 �2> B. Mailing O Q fi e x� e a� °° '1 ° 2. City.'C� Q' GO�� 0a44 y5 yea afi QZ 0 4. County = So'- ty9 5 OfL C. Location: \ ,�y �1 fi'C. 0 1. Street °'��Q`4�evG2. CityJ00 4e*C60 § 4. State "�v ►�T �% ,dSp��4 a�d� G04�' ey°t'a rip ). Telephone No. iogr 48�� 5�Q5G�ge Area a ye Code Qy2 eSyy tiA01 Q ° a Leave blank) e' i9JO G' of employees 1210 Gl'1rIPlc?tn�n fir waste is discharged into a publicly owned was / teed of your knowledge you are not required to c / teed to item 4. Otherwise proceed directly to itel, t the condition stated above, check here o and sups: .ation . Below. After completing these items, please complete title, �e blocks below and return this form to the proper rep office leting the remainder of the forma / \ame rganization responsible for receiving waste receiving waste: \reet address \ 4. County 6. ZIP \raw material (Check one)-- SN1PPIMQ,- C.oet`raln�.,Qs 149 WAICIYWZte- ON-, QOA20 \\l product produced or raw material consumed per (Check one) 4lo0 O�0 5Ge,O �CXb G ee &et` ° bC50 t1° 0s ee{a Amount , \ 100-199 200-499 500-999 1000- 4999 5000- 9999 10,000- 49.999 50.000 or more 011 (2) (3) (4) (5) (6). (7) (B) ula� c PREVIOUS EDITION MAY BE USED UNTIL SUPPLY IS EXHAUSTED i r I1----------------- rt. 1,rr(frl4 1rniI or rnw urnlr -r'Inl rnn•.iprx•1, rrinrrlr•rl {Lhe(_k (file): C.O barrels D.O bushels E,O square feet r units H.Oother, specify lilOtl.S(�NO SQ�I.aQ�,���'1 s all year J[, or occurs: 3. O Marcn 4.0 Apri 1 5.0 May 6, o June 9.❑ September 10.0 October 11.0 November 12.0 December 1.O l 2.0 2-3 3.0 4-5 4.)[ 6-7 to surface waters,only (check as applicable) Volume treated before Flow, gallons per operating day discharging (percent) Discharge per operating day 0.1-999 1000-4999 5000-9999 10,000- 50,000- 'None 0.1- 30- 65- 95_ 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (B) (9) (10) A_ Sanitary, daily - average B. Cooling water, etc - n daily avera-ge C. Process water, / daily average ). Maximum per operat- ing day for total dischar e (all types/ ll; If am ff the three types of waste identified in item 10. either treated or untreated. are discharged to places other than surface water,., c+)eck below as, applicable_ Waste water is discharged to: Average flow, gallons per operating day 0,1-999 (1) 1000-4999 (2) 5000-9999 (3) 10,000-49,999 (4) 50,000 or more (5) A. Municipal server system B. Underground well C. Septic tank D. Evaporation lagoon or pond E. Otner, specify i 12. Number of separate discharge points: / A.1 B. 213 C.O 4-5 0,0 6 or more 13. Name of receiving water or waters VRSY �"OR�K. �A��.�1�,4�gM �.P_SVIY. 14. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum/ beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). A.;4 yes B4O/no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name o Person Signingtl I O Uc.`ros sr u 90 Date Application Signed Signat a of Applicant North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knc any false statement representation, or certification in any application, record, or, other document files or required to be maintained under Article 21 or regulat Environmental Management Commission implementing that Article, or who falsifies, or knowly renders inaccurate any recording. or monitoring device or method requi operated or maintained under Article 21 or regulations of the Environmental Man implementing that Article, shall be guilty of a misdemeanor punishable by a fi $10,000, or by imprisonment not to exceed six months; or by both. (18 U.S.C. S a punishment by a fine of not more than $10,000 or imprisonment not more than y Y) o 25 Permit No. NC0005061 STATE OF NORTH CAROLINA N. C. i2E5C'sr1LSOU °Y N, �R�',"-§ n4i�ti�9 DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCE& DIVISION OF ENVIRONMENTAL MANAGEMENT 21991 PERMIT TO DISCHARGE WASTEWATER UNDER THE DIVISION OF EI�'�iid:':ci�TAt „1AiiAGEhI€Ni NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEMORESVILLE f►LG10PIAL OFFICE 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, Container Corporation of America is hereby authorized to discharge wastewater from a facility located at a site on NCSR 1313 northwest of Shelby Cleveland County to receiving waters designated as East Fork Beaverdam Creek 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 f I n George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Container Corporation of America is hereby authorized to: 1. Continue to operate the existing extended aeration package plant (outfall 001), and continue to discharge non -contact cooling water (outfall 002) located at a site on NCSR 1313, northwest 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 East Fork Beaverdam Creek which is classified Class C waters in the Broad River Basin. V FOREST CITY 14 ML 4654I SW Q LATTIh10RC .cn a WAINWILLE 1.1 MI. PR - 6 CD � (BOILING S czzz- 21 lo 009 ik \ to I� • u: \ \,\ I �\ �\\\ � ` `o " ,� 1 � tfy3. 1 � � `. ..I ;J:_ Y��'�e _. AGO �'----N --.,1 �•-•'• \ ��...•._..•' •I •" 8r `\ / II \. \J __-.• - _ - i ((' �._ �\\�`\\�/I\-�% '� 1-',',� �/�' c. __ I;I c / `�. ..i� ! ram.... \\'. r"r� I (O• !� \' -- - Jt 1006 po Jar / r •,\\. I �. $ (�/// _1 — �1`�l -/ i - '" .'/-:'`-'_'�1 • —_ r\ �� - --- ------ "_ , jlI F�J i ll1\ 1t •� ; / ._.. / ` � _ � .III — i/y,. Y— — _- �� OrQ A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005061 During the period beginning on the effective date of the permit and lasting until expiration, the Pemuttee 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 Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Discharge Limitations Monthly Avg. Weekly Avg_ Daily Max 0.01 0 MGD 30.0 mg/1 45.0 mg/I 30.0 mg/I 45.0 mg/I 200.0 /100 ml *Sample locations: E Effluent; I - Influent 400.0 /100 ml Monitoring Requirements Measurement Sample *Sample Frequency Type Location Weekly Instantaneous I or E 2/Month Grab E 2/Month Grab E Monthly Grab E 2/Month Grab E Daily Grab E Weekly Grab E The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month 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. NC0005061 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 002. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day. Units (specify) Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avg. Daily Max. Frequency Type Location Flow Temperature Total Residual Chlorine THERE SHALL BE NO CHROMIUM, ZINC, -OR COPPER ADDED TO THE COOLING WATER. *The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.80 C and in no case cause the ambient water temperature to exceed 29' C. 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. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0005061 D. 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. E. Within thirty days of permit issuance, the permittee shall submit a description of the current sludge handling and disposal plan to the Division of Environmental Management for approval. UU�Z4N'svvR�. F-CE I V L D Quality ,ion MAY 2 1986 J Western n-6ionai Gffica State of North Carolina wills, North CarolirK Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street- • Raleigh, North Carolina 27611 James G. Martin, Governor April 24, 1986 R. Paul Wilms S. Thomas Rhodes, Secretary CERTIFIED MAIL Director -�5L)ckilua./ter RETURN RECEIPT REQUESTED Mr. James BuG AFe(V- , Jr. Container Corporation of America PO Box 369 Shelby, NC 28150 Subject: Permit No. NC0005061 Container Corporation Cleveland County Dear Mr. Buckwater: In accordance with your application for discharge permit received on October 8, 1985, 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 modifications upon written demand to the Director within 30 days following receipt of this permit, identifying the specific issues to be contended. The filing of this request will not affect your right to request a hearing on these issues. Unless.such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management 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. Lisa Creech, at telephone number 919/733-5083. 0�uneLluivcl7 BY ARTHUR MOUE!, y F(RR Paul Wilms 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 Permit No. NC0005061 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 143-215.12 other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Container Corporation of America is hereby authorized to discharge wastewater from a facility located on NCSR 1313 Cleveland County to receiving waters designated as East Fork Beaverdam 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 May 1, 1986 This permit and the authorization to discharge shall expire at midnight on April 30, 1991 Signed this day of April 24, 1986 OMGINAL SIGNED BY ARTHUR MOUBERRY FOR R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission F nit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET. Container Corporation of America is hereby authorized to: 1. Continue operation of the existing 0.010 MGD extended aeration wastewater treatment facility (Subject to Part III of this permit), and 2. Continue to discharge non -contact cooling water from the facility, and 3. Discharge from said treatment works into East Fork Beaverdam Creek which is classified Class "C" in the Broad River Basin. z w _ A. (i). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final ' During the period be9,inningon the effective date of the Permitand lusting until expiration, the permittee 1s authorized to discharge from outfall(s) serial number(s) ool. Such discharges shall be limited and monitored by the permittee as specified below: Effluent ChaAacterlst�cs Discharge Limitations bs d Other -Units (Specify) Monthl v . weeKly vg. Monza 1y"N . g. Flow BOD, 5Day, 200C Total Suspended Residue NH3 as N Fecal Coliform (geometric mean) Residual Chlorine Temperature 0.010 MGD 30.0 mg/l 45.0 mg/1 30.0 mg/l 45.0 mg/1 1000.0/100 ml 2000.0/100 ml *Sample locations: E - Effluent, I - Influent Monitoring Requirements Measurement Sawl e * Sample reguencr Location Weekly Instantaneous I or E 2/Month Grab E 2/Month Grab E Monthly Grab E 2/Month Grab E Daily Grab E Weekly Grab E The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/Month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam, in other than trace amounts. A. EFFLUENT LIMITATION AND MONITORING REQUIREMENTS 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(a) 002. Such discharges shall be limited and monitored by -the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements kg/day (lbs/day) Other Units (Specify) Measurement Sample *Sample Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location Flow Monthly Instantaneous E Temperature ** ** Monthly Grab E,U,D Residual Chlorine *** *** 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 samples There shall be no discharge of floating solids or visible foam in other than trace amounts. 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 fo111owing 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. I4 Permit No. 1,N]C1,01,01 j l l l l C. MONITORING AND REPORTING 1. Representative Sampling Samples collected and measurements taken shall be characteristic of the volume permitted discharge. Samples collected than daily shall be taken on a day. characteristic of the discharge over the the sample represents. 2. Reporting as required herein and nature of the at a frequency less and time that is entire period which 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 "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges by .weight divided by the number of days sampled during the calendar month when the measurements were made. C. The "daily maximum" discharge means the total discharge by weight -during any calendar day. I 5 Permit No. INICI010 d. DEM or Division: means the Division of Environmental Management, Department of Natural Resources and Community Development. e. EMC: used herein means the North Carolina Environmental Management Commission. 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 collected. over a period of time not the grab sample can be taken manually. individual samples exceeding 15 minutes; I 6 Permit No. iN11C110-10 4. Test Procedures Test procedures for the analysis 'of pollutants shall conform to the EMC regulations published pursuant to N.C.G.S. 143-21.5.63 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. 6. Additional Monitoring by-Permittee If the perm ittee 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.. I 7 Permit No. 1N1C101101 i i i J_ 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. I 8 Persons reporting such file a written report following first knowledge 3. Facilities Operation Permit No. iNiCiQi0i i. occurrences by telephone shall also in letter form within 15 days of the occurrence. The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any . adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities 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. 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. I 9 Permit No. iNiC101,0 6. Removed Substances Solids, sludges, filter backwash, removed in the course of treatment or shall be disposed of in accordance in a manner such as to prevent materials from entering waters of waters of the United States. . 7. Power Failures or other pollutants control of wastewaters with NCGS 143-215.1 and any pollutant from such the State or navigable 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. 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. I 10 Permit No. 2. Transfer of Ownership or Control NiCi0i0 This permit is not transferable. In the event of any changein 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. I 11 Permit No. lNiC11011011. 5. To 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. I 12 Permit No. iNiC1010 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 1.43-215.6, and 33 USC 1251 et seq. I 13 Permit No. 11N1C11010'1 i PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities.. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. 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. I 14 The permittee shall not use any biocides except those approved in con- junction 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. FACILITY COUNTY MAILING ADDRESS Responsible Official Telephone No. There Located NPDES Permit No. NC a! Oi c� 0 State I9 Federal Date Issued Expiration Date CLASS -Q6S'/a �s r A -� Repre, Cert. Number Class Other Permit No. Date Issued Strew: Name _ l= A-,s 46, k � Er:1i�Frn Class (� 7Q1 c' - 1 Ak6 h (.I( e.-Fs � Sub -basin _ o,:s 0 cl Operator IL i rrdj - 1,34 I Permit No. NC0005061 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, Container Corporation of America is hereby authorized to discharge wastewater from a facility located on- NCSR 1313 Cleveland County to r-e_ceiving waters designated as East Fork Beaverdam 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 he effective This permit and the authorization to discharge shall expire at midnight on Signed this day of DRAFT R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission P tit No. NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Container Corporation of America is hereby authorized to: 1. Continue operation of the existing 0.010 MGD extended aeration wastewater treatment facility (Subject to Part III of this permit), and 2. Continue to discharge non -contact cooling water from the facility, and 3. Discharge from said treatment works into East Fork Beaverdam Creek which is classified Class "C" in the Broad River Basin. 3 W A. (1). EFFLUENT LIMITATIONS AND MONITORING RouIREMENTS Final During the period begin ningon the affective date of the Permitand lasting until expiration, the permittee is authorizedd to discharge from outfall(s) serial number(s) ool. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations May bs d Other -Units (Specifz Monthlyyg. W22kly- MOn _ _weeKlY AV9- Flow BOD, 5Day, 20oC Total Suspended Residue NH3 as N Fecal Coliform (geometric mean) Residual Chlorine Temperature 0.010 MGD 30.0 mg/l 45.0 mg/1 30.0 mg/1 45.0 mg/1 1000.0/100 ml 2000.0/100 ml *Sample locations: E - Effluent, I - Influent Monitoring Requirements Measurement aSwle * San le� Frequency Ive Location Weekly Instantaneous I or E 2/Month Grab E 2/Month Grab E Monthly Grab E 2/Month Grab E Daily Grab E Weekly Grab E �-vl- c�wdo 6.o standard units nor greater than 9.o standard units and o C The pH shall not be less than �+ shall be monitored 2/Month at the effluent by grab sample. oz There shall be no discharge of floating solids or visible foam. in other than trace amounts. ~ • -a A. EFFLUENT.LIMITATION AND MONITORING REQUIREMENTS 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(s) 002. Such discharges shall be limited and monitored by the permittee as specified below: r Effluent Characteristics Discharge Limitations Monitoring Requirements kg/day (lbs/day) Other Units (Specify) Measurement Sample *Sample Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location Flow Monthly Instantaneous E Temperature. ** ** Monthly Grab E,U,D Residual Chlorine *** *** 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 s�all 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 290C . ***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,utiliting any biocide in the cooling water (See Part III of this Permit). The 'pH shall not be loss than 6.0 standard units not grdat+er than 9.0 standard units and shall be z d monitored .Monthly at the effluent by grab samples �' n C o There shall be no discharge of floating solids or visible foam in other than trace amounts. t "' o .. rn 4 Part III Permit No. NC0005061 A. Previous Permits All previous State water quality permits issued to this facility, whether for construction, operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to final plans and specifications have been made by the Division of Environmental Management within 60 days following acknowledgement that a complete set of final plans and specifications has been received, the plans may be considered approved and const-ruction authorized. C. Certified Operator ours-u-ant to Chapter 90A of North Carolina General Statutes, the DR-rmittee shall employ a certified wastewater treatment plant .o-pe-xatoz in responsible charge of the wastewater tre-atment facilitie-s. Such a ope-rator must hold a certification of the grade e-qulvalent to the classification assigned to the was-tewat-er -tre-atment plant. D-. Groundwater Monitoring -The permittee shall, upon written notice from the Dire-ctor 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 stan-dards. E. Th-e permittee shall not use any biocides except those approved in conjunction with the permit application. The permitte-e shall no-tify the Director in writing not later than ninety (90) days prior to in-stituting u-s-e of any additional biocide used in cooling systems, other than chlorine, which may be toxic to aquatic life and other than those previously reported to the Division of Environmental Management. Such notificiation shall include: Active ingredient(a) in the biocidal additives, Dosag-e rate and fre-quency of application of the addit-ives, Discharge concent-ra-t-ion of the active ingredient(s),_ Dais-chaxg-e rate or volume, Receivin-g stream (attach map locating discharge point), and Aquatic toxicity data for each biocidal product (degradation data, if available). TO ' Iv Date forwarded ems Permits and Eng Bring to Raleigh: j(Z� Permit No. NC0005061 STAFF REPORT AND RECOMMENDATIONS PART I - INSPECTION OF FACILITY 1. Place Visited: Container Corporation of America Cleveland County 2. Date Visited: October 15, 1985 3. By: James R. Reidy 4. Persons Contacted: Lester "Dean" Bridges, Operator Coy Park, Plant Manager Maurice Alsobrook, Plant Superintendent 5. Directions to Site: From the intersection of SR 1314 and SR 1313, proceed north on SR 1313 approximately one-half mile to the plant. 6. Latitude and Longitude of the.Discharge: Latitude: 350 18' 39" Longitude: 810 36' 39" 7. Size: 8. Topography: Flat. 9. Location of Nearest Dwelling: 500 feet. 10. Receiving Stream: East Fork Beaverdam Creek (a) Classification: C (b) Sub -basin: CTB 04 (c) Attach map indicating location of discharge point. PART II - DESCRIPTION OF DISCHARGE 1. Type of Wastewater: 001 - Domestic 002 - Non -contact cooling water -2- 2. Volume of Discharge: 001 - .010 MGD 002 009 MGD 3. Production Rates. and Major Processes. (If industrial., guidelines are based on production.) N/A 4. Description: of :Treatrmnt Facility/C1 ass : - 001 'txtended Aeration/Class T - 002 Non -Contact Cooling Waters 5. Sample.Locations: U - D- I E ._ °001 - End-!d.f chlorine contact chamber. 002 - Grate,in storm sewer -where --pipe 002 ..terminates. 6. 4-Di gi t ,SIC Code:, • 9999 PART III - OTHER 'PERTINENT -INFORMATION.: - 3- PART IV - RECOMMENDATIONS Renew Container_:Corporation.o-f,America`s NPDES Permit -No.. NC0005:061 in accordance with the..Company`s-request letter of Cctober.3, 1985. Prepared. 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