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NC0075776_Complete File - Historical_20171231
Water Resources ENVIRONMENTAL QUALITY February 22, 2017 Mr. Eli Hopson Cube Yadkin Generation LLC c/o Cube Hydro Partners, LLC 2 Bethesda Metro Center, Suite 1330 Bethesda, MD 20814 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director RECEIVEDINCDENRIDWR FEB242017 • WQROS MOORESVILLE REGIONAL OFFICE Subject: Minor modification of NPDES Permit NC0076775 Falls Powerhouse Stanly County Dear Mr: Hopson: The Division has received and approved your request to transfer ownership of the subject permit. As a result, the Division hereby reissues NC0076775. 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). Insert the attached page into your permit and discard the old page. This modified permit includes the following changes from your current permit: > Change of ownership from Alcoa Power Generating, Inc. to Yadkin Cube Generation, LLC. > Section A.(6) has been updated to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a.written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. 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 any other Federal, State, or Local governmental regulation. If you have any questions concerning this matter, please contact Brianna Young at (919) 807- 6388 or via e-mail [brianna.young@ncdenr.gov]. cc: Central Files esville "egio a DES file Office rely, S. Jay Zimmerman, Dire Division of Water Resources State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits Permit NC0076775 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 003 / 004 / 0051 [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfalls 001, 002, 003, 004,-and 005. Such discharges shall be limited and monitored3 by the Permittee as specified below3: )ISCHARGE :LIMITATIONS _ Dailf Maximum Flow (MGD) 50050 Monitoring; Requirements. Effluent; Measurement- Frequency Annual Estimate Effluent Temperature1 00010 Annual Grab Effluent pH2 00400 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2. The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. 3. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. See Special Condition A. (6.). Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (2.) BIOCIDE CONDITION P.S. 143-215, 143-215.1] There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. Page 3 of 8 Permit NC0076775 The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approvedby the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWR / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [007] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge sump water from outfall 007 [Sump Drain]. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER :DISCHARGE?LIMITATIONS; Monitoring ;Requirements_.;_ Monthly Average .. Daly - Maximum, Measurement , Frequency,__ Sample Type -;Sample , _`. Location., Flow 00500 Annual Estimate Effluent Oil and 00556 Greaser 15.0 mg/L 20.0 mg/L Annual Grab Effluent pH2 00400 Annual Grab Effluent NO 1ES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. 3. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (6.). Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre - approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Page 4 of 8 Permit NC0076775 • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1) (9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant-discharge-elimination- system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted inwritingto the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies forand is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Page 7 of 8 Permit NC0076775 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.) (a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /deq.nc.gov/about/divisions /water -resources /edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert, under penalo of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualfed 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 forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are signicant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations " 5. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 8 of 8 ti NC0076775 — Falls Powerhouse Latitude: Longitude: Quad #: 35°23'44" Sub -Basin: 03-07-08 80°04'34" F 18NE Stream Class: • WS-IV & B Receiving Stream: Yadkin River Stanly County Map not to scale A./VA bENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director February 14, 2014 Mr. Mark J. Gross Vice President, Hydro Operations, APGI Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 John E. Skvarla, III Secretary DtlfisloN QUALITY MAR 1 3 2014 Subject: Issuance of NPDES Permit Permit NC0076775 Falls Powerhouse Stanly County Facility Class I Dear Mr. Gross: Division personnel have reviewed and approved your application for a renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following changes have been incorporated into this renewal: Proposed federal regulations requite electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then perrnittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit. [See Special Condition A. (6.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /portal.ncdenr.org/web /wq/admin/bog/ipu/edmr. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 FAX: 919-807-6492 Internet www.ncwaterqualitv.orq One ... NorthCarohiiia aaui ' An Equal Opportunity \ Affirmative Action Employer For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http: / /www2.epa.gov/compliance /prop os ed-np des -electronic -rep orting-rule. 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 Resources or permits required by the Division. of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 807-6393. Sincerely, (Mt &Lg.' Thomas A. Reeder cc: Central Files NPDES Files w3 a esvillre . onai (±iffice``/ Water uaiity Permit NC0076775 STAl'E OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE FT,IMINATION 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, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at the Falls Powerhouse 49156 Falls Road Badin Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective March 1, 2014. This permit and authorization to discharge sho11 expire at midnight on January 31, 2019 Signed this day February 14, 2014. J.( Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0076775 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, teens, and provisions included herein. • Alcoa Power Generating, Inc. is hereby authorized to: 1. Continue to discharge once -through cooling -water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at the Falls Powerhouse [49156 Falls Road, Badin] in Stanly County. 2. Stormwater Discharge System — The facility is permitted to periodically discharge stormwater from secondary containment for transformers through a stormwater conveyance system, via outfall 008 located at the Falls Powerhouse. 3. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV & B CA waters in the Yadkin -Pee Dee River Basin. Page 2 of 7 Permit NC0076775 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 003 / 004 / 005] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored' by the Permittee as specified below': PARAIVETER • . _._-__, - I ISCHARGE LIMITATIONS', Monitoring Requxemerits. Monthly - Average__ Daily - Maximwn. _. _ Effluent M'easuieirert Frequenc y - - _ •_ i Sample• T . _ y.P;e _ Sample i_ Location*-;_- - Flow (MGD) Annual • Estimate Effluent Temperature' Annual Grab Effluent pH2 Annual Grab Effluent . NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative • of the discharge. 2. The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. 3. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (6.). Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (2.) BIOCIDE CONDITION There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Page3of7 Permit NC0076775 Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWR / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [007] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge sump water from outfall 007 [Sump Drain]- Such discharges shall be limited and monitored' by the Permittee as specified below: j PARAMETER D'I:S.CHARG.E LIMITATIONS •Moniooring, Requirements :Monthly Average Daily Maximum _' Measurement ; Frequency Sainple Type' Sari ple Location Flow Annual Estimate Effluent Oil and Grease' 15.0 mg/L 20.0 mg/L Annual Grab Effluent pH2 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. 3. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special. Condition A. (6.). Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre - approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed Page 4 of 7 Permit NC0076775 repotting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [008] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall 008. .Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER DI SCH`ARGE LIMITATIONS, Moiitoring'Requirements Monthly `. Average ' aily Maxrniin;. ` r Measure ment ement Sample Type Sample Location BMP1 NOTES: 1. SEE A. (5.). There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (5.) BEST MANAGEMENT PRACTICES (BMP) FOR PERIODIC STORMWATER DISCHARGE The permittee is authorized by the Division to use Best Management Practices for the stormwater discharge from the secondary containment around the transformers under the following conditions: • Sumps shall be designed with underflow weirs/devices to prevent discharge of oily storrnwater. • Weekly inspections of the transformers shall be performed to detect leaks/drips of oil. • Routine preventive maintenance procedures shall be conducted to address any leaks/drips of oil. • Inspection of the sump for the presence of oil as indicated by a visible sheen shall be conducted prior to the discharge. • Logs of time, date, and volume of stormwater discharge per discharge event shall be maintained. • All stonuwater discharge events shall be reported along with the annual Discharge Monitoring Report (MR). A. (6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. Page 5 of 7 • Permit NC0076775 NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions forNPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) o Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the Internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), . perrnittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit A1`lENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http: / /portal.ncdenr. org/web /wq/admin/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the year following the issuance of the permit or in the case of a new facility, oh the last day of the month following the commencement of discharge. Page 6 of 7 Permit NC0076775 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /portal.ncdenr.org/web /wq/admin/bog/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certi, underpenalty of law, that this document and all attachments wereprepared under my direction or supervision in accordance with a system designed to assure that quaked personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the ystem, or those persons directly responsible forgathering the information, the information submitted is, to the best of my Knowledge and belief, true, accurate, and complete. I am aware that there are signicantpenalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 7 am' Facility Information Latitude: Longitude: Quad #: Stream Class: Receiving Stream: Permitted Flow: 35°23'44" Sub -Basin: 03-07-08 80°04'34" F18NE WS-IV and B CA Yadkin River N/A _•� i.i,4 rI� Yadkin Inc. NC0076775 Falls Powerhouse ;l • .• • r may' 1 North NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or 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 (3) Version 11/09/2011 NPDES Permit Standard Conditions • Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: > Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters > Influent samples shall not be collected more than once per hour. > Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. > Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 11/09/2011 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011 NPDES Permit Standard Conditions • Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a 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] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part U.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. g. Version 11/09/2011 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Perri it The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Per it lssuing 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 govem the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term ' environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 11/09/2011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: ",I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 11/09/2011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 11/09/2011 NPDES Permit Standard Conditions • Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is fmal administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11/09/2011 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fme 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 fme of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: > all calibration and maintenance records > all original strip chart recordings for continuous monitoring instrumentation > copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/09/2011 NPDES Permit Standard Conditions • Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 11/09/2011 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at theintervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 11/09/2011 NPDES Permit Standard Conditions • Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposalsystem or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The. Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This defmition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of .POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this defmition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or Any trucked or hauled pollutants, except at discharge points designated by the POTW. (3) (5) (7) (8) c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/09/2011 NPDES Permit Standard Conditions ' Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.44(j)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(0(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA andthe limits. from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403 5, 403.8(f)(1)(iii) NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their Ws The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (Sills) at least onceper calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 1SA NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403,3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H..0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the. CWA (40 CFR 405 et seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing' its pretreatment activities over the previous calendar year to the Division at the following, address: Version 11/09/2011 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail. Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment. Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other. Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of Ws in SNC, a summary of data or other information related to significant noncompliance determinations for Ws that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial. Users (Ills) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H :0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including; general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 0211.0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9.(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment. program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SlUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 11/09/2011 FILE To: NPDES Unit Water Quality Section Attention: Charles Weaver Date: August 27, 2013 SOC Priority Project: No. NPDES STAFF REPORT AND RECOMMENDATION County: Stanly Permit No. NC0076775 PART I - GENERAL INFORMATION 1. Facility and address: Falls Powerhouse Alcoa Power Generating, Inc. P.O. Box 576 Badin, NC 28009 Physical Address 49156 Falls Road Badin, NC 28009 2. Date of investigation: August 20, 2013 3. Report prepared by: Wes Bell, Environmental Specialist 4. Persons contacted and telephone number: Beverly Whitley, (704) 422-5774 5. Directions to site: From the junction of Hwy. 740 and Falls Rd. in the Town of Badin, travel southeast on Falls Road. The Falls Powerhouse is located at the end of the road. 6. Discharge point(s), list for all discharge points (Outfalls 001, 002, 003, 004, 005, 007, 008): Latitude: 35° 23' 40" Longitude: 80° 04' 35" See USGS Map included with the renewal application for specific locations of all outfalls. U.S.G.S. Quad No.: F 18 NE 7. Receiving stream or affected surface waters: Yadkin River. a. Classification: WS-IV and B, CA b. River Basin and Subbasin No.: Yadkin 03-07-08 c. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater and description of wastewater source(s) of each outfall: Outfalls 001, 003, & 005: 0.432 MGD per outfall - Once through cooling water (Units 1, 2, & 3). Outfall 002 & 004: 0.0432 MGD - Thrust bearing cooling water (Units 2 & 3). Outfall 007: 0.00072 MGD — Powerhouse floor drains, wheelpits drainage, oil/sludge skimmer. Outfall 008 — Only stormwater from transfouiier containment sump. b. Please provide a description of existing or substantially constructed treatment facilities: Outfall 007 is equipped with an oil/water separator (rope skimmer). c. Possible toxic impacts to surface waters: There are no biocides added to the cooling water and no chemical wheelpit cleaning at this facility. 2. Residuals handling and utilization/disposal scheme: The facility collects all recovered oil in a storage tank (off -site location) for ultimate disposal by a contracted company. PART III OTHER PERTINENT INFORMATION 1. Special monitoring or limitations (including toxicity) requests: None requested. PART IV - EVALUATION AND RECOMMENDATIONS There have been no changes and/or modifications to this facility or the subject permit since the permit was last issued. Please note that the Division issued a permit error correction letter on May 21, 2010 to reflect a monitoring only requirement for effluent pH at Outfall 007. It is recommended that the permit be renewed as requested. Signature of report pre -parer /4- % / Date Zig Water Quality Regional Supervisor ate itircirA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality. Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary July 24th 2013 Alcoa Power Generating, Inc. Narrows Powerhouse P.O. Box 576 Badin, N.C. 28009 Subject: Receipt of permit renewal application NPDES Permit NC0076775 Stanly County Dear Mr. Mark J. Gross, The NPDES Unit received your permit renewal application on Julyl6th, 2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, a Jeff Poupart Point Source Branch Program Supervisor IV Cc: Central Files Mooresville Regional Office NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterquality.orq One NorthCarolina Nature, An Equal Opportunity \ ARrmative Action Employer pro ALCC7A July 12, 2013 N. C. Department of Environment and Natural Resources Division of Water Quality NPDES Unit 1617 Mall Service Center Raleigh, North Carolina 27699-1617 Attn.: Mr. Charles H. Weaver Alcoa Inc. APGI - Yadkin Highway 740 PO Box 576 Badin, NC 28009 Certified Mail Return Receipt Requested Re.: NPDES Permit Renewal Applications - Alcoa Power Generating, Inc High Rock Powerhouse NC0081931 Tuckertown Powerhouse NC0081949 Narrows Powerhouse NC0081957 —Falls Powerhouse NC0076775 Dear Mr. Weaver: With this letter and the attached renewal application package, Alcoa Power Generating, Inc. (APGI) is requesting renewal of the NPDES discharge permits for the four hydroelectric powerhouses identified above that are owned and operated by APGI The existing NPDES discharge permits for these facilities are due to expire on January 31, 2014. The renewal application package for each powerhouse contains the following items: • Cover Letter - one signed original and two copies • Completed NC Short Form C — one signed original and two copies • Schematic of Water Flow — three copies • Location Map — three copies As per the instructions on the renewal application checklist, APGI is not aware of changes at any of the four powerhouses that may have altered the nature or volume of the currently permitted discharges. The wastewater treatment operations are limited to an oily water sump and rope skimmer at the Tuckertown, Narrows and Falls Powerhouses. An oily water / used oil waste stream is generated from the rope skimmers and the annual cleaning of the sumps. This waste stream is managed off -site for energy recovery by a third party. If you have questions or comments regarding this NPDES Permit Renewal Application Package, please contact Henk van der Meyden at (843) 572-5361 or via e-mail at henk.vandermeyden@alcoa.com. Mark J. Gross Vice -President, Hydro Operations cc. Henk van der Meyden — w/attachments renewal application transmittal letter to ncdenr dwq.docx NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address NC0076775 Please print or type. Alcoa Power Generating, Inc Falls Powerhouse P.O. Box 576 Badin N.C. / 28009 704-422-5774 704-422-5776 Mark.Gross@alcoa.com 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road City State / Zip Code County 49156 Falls Road Badin N.C. / 28009 Stanly 3. operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number Alcoa Power Generating, Inc P.O. Box 576 Badin N.C. 28009 704-422-5774 704-422-5776 Page 1 of 5 C-MI 10/08 Precipitation FALLS Transformer Containment Sump • Outfall # 008 Into Yadkin River Discharge Varies FALLS POWERHOUSE NPDES PERMIT NO. NC0076775 Yadkin River • Powerhouse Floor Drains • FALLS Unit One Scroll Case FALLS Unit Two Scroll Case • FALLS Unit Three Scroll Case • • Units 1,2, and 3 Wheelpits Drainage Oil and Sludge Skimmer 720 Gal/Day ♦ Outfa I # 007 Into Yadkin River Unit One Generator Cooling Water 432,000 Gal/Day ♦ Outfall # 005 Into Yadkin River Unit One Generator Discharge per 24 Hrs. 1,551,225,600 Gals. Note: Per 5/21/2010 correspondence from DWQ, Outfa11007 has a monitoring only requirement for pH. ♦ Unit Two Thrust Bearing Cooling Water 43,200 Gal/Day Unit Two Generator Cooling Water 432,000 Gal/Day ♦ • Outfa I # 004 Into Yadkin River Outfall # 003 Into Yadkin River Unit Two Generator Discharge per 24 Hrs. 1,712,880,000 Gals. Unit Three Thrust Bearing Cooling Water 43,200 Gal/Day Outfall # 002 Into Yadkin River Unit Three Generator Cooling Water 432,000 Gal/Day Outfall # 001 Into Yadkin River Unit Three Generator Discharge per 24 Hrs. 1,712,880,000 Gals. • MAP TAKEN FROM USGS 7.5-MINUTE QUADRANGLE BADIN, NC GEL Engineering OF NC, Inc. an Affiliate of THE GEL GROUP, Inc. GEL Post Office Box 14262 Research Triangle Park NC 27709 • (919) 544-1100 PROJECT: almx01113 Falls Powerhouse Stanly County, North Carolina SITE LOCATION MAP FIGURE DATE:.: May 20, 2013 DRAWN BY: KDM IAPPRV. BY: ADE North Carolina July 18, 2007 Mr. Mark J. Gross Vice President of Operations P.O. Box 576 Badin, North Carolina 28009 1� Division of Wat AUG 0 62007 overnor etary rces ctor 3lity PAM IV\ %c7rov Subject: Issuance of NPDES Permit NC0076775 Falls Powerhouse Stanly County Dear Mr. Gross: Division personnel have reviewed and approved your application for modification 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). This final permit includes the following changes from your current permit: > A stormwater discharge outfall (008) has been added. See Effluent Limitation and Monitoring Requirements A. (3.). > A special condition for Best Management Practices (BMP) for stormwater discharge from the secondary containment around the transformer has been added. See Condition A. (4.). Alcoa is required to report all stormwater discharge events along with the annual Discharge Monitoring Report (DMR). 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-Poku at telephone number (919) 733-5083, extension 508. cc: Central Files NPDES File Mj+� l es t ld icy 7aj a et S.lar+f 't ,xo Sincerely, C?; Coleen H. Sullins N"O_ r�altitCarolina �/Vatura!!y North Carolina Division of Water Quality •1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwaterqualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Customer Service 1-877-623-6748 Permit No. NC0076775 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, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2007. This permit and authorization to discharge shall expire at midnight on January 31, 2009 Signed this day July 18, 2007. 3„.--Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0076775 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. Alcoa Power Generating, Inc. is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County, and 2. Stormwater Discharge 'System — The facility is permitted to periodically discharge stormwater from secondary containment for transformers through a stormwater conveyance system, an outfall 008 located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County 3. Discharge from said treatment works at the location specified on the attached map into the Yadkin River, which is classified as class WS-IV, and B CA waters in the Yadkin -Pee Dee River Basin. • 1'k'' "'' ti •.1• ��` mow --�• �� �%--Nr-wrimagigir.-----I.: • 7- r • re Facility Information tude: 35°23'44" gitude: 80°04'34" d k: F18NE am Class: WS-IV and B eiving Stream: Yadkin River nitted Flow: N/A ),) Sub -Basin: 03-07-08 Facil: Locat tNo,lhh Yadkin Inc. NC0076775 Falls Pnwerhnucn A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by the Permittee as specified below: Flow (MGD) Temperature' pH2 DISCHARGE LIMITATIONS ' . Monthly Average 1 2 1 2 Monitoring Requirements: Effluent Measurement Frequency Annual Annual Annual Sample Type` NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. Estimate Grab Grab ;Sample Location* E 1 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 1.01 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2008. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient rive: conditions prevent compliance. A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0076775 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 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: Flow Oil and Grease` pH2 ISCHA&GE LIMITATIONS =' [onilily Average 15 mg/1 20 mg/1 Monitoring Requirements uent Measurement Frequency Annual Annual Annual Sample Type: Estimate Grab Grab Sample -> Location * E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunct:.on with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a min: routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of t:he sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director i at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the disci and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2008. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater water from outfall(s) serial number 008. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS + ` i' ; ::DISCHARGE' LIMITATIONS r, Y j ' Monitoring Requirements `: MonthlySample : ` ... Average ; .,, ° WeeklyyAverage Daily Maximum Effluent Measurement Frequency ' ' Type .:. Sample. LocationBMP I NOTES: 1 See special condition A. (4). The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (4). Best Management Practices (BMP) for Periodic Stormwater Discharge The permittee is authorized by the Division to use -Best Management Practices (BMP) at the stormwater discharge from the secondary containment around the transformers under the following conditions: • Designing sumps with underflow weirs/devices to prevent discharge of oily stormwater. • Weekly inspection of the transformers for leaks/drips of oil. • Routine preventive maintenance procedures to address any leaks/drips of oil • Inspection of the sump for the presence of oil as indicated by a visible sheen prior to discharge. • Maintaining a log of the time, date, and volume of stormwater discharge per discharge event. • Report all stormwater discharge events along with the annual Discharge Monitoring Report (DMR). 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. Bypass The known diversion of waste streams from any portion of a treatment facility induding 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. 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 daring 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 811l2006 NPDES Permit Standard Conditions Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) 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). DWQor "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 8/12006 NPDES Permit Standard Conditions Page3of16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal conform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, dame 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 conform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial• of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 4O5(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 4O2(a)(3) or 4O2(6)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 4O2(a)(3) or 4O2(b)(8) of the Act, is subject to rrirninal 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 rrirninal 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 81t2006 NPDES Permit Standard Conditions Page 4 of 16 g- d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [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] 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 rninitniae or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part [1. 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 predude 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 exdusive 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 Version 8/1/2006 NPDES Permit Standard Conditions Page5of16 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,, such as the position of plant manager, operator of a well -or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 8/12006 NPDES Permit Standard Conditions 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 paragraphsa. or b. of this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the • permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. aL 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. 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 Version 8/112006 NPDES Permit Standard Conditions Page 7 of 16 (3) 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 Issning 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. The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made daring administrative review of claims that Version 8/1/2006 NPDES Permit Standard Conditions Page8of16 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 Issning 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 I. 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 wastestreanm, 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 snmmariied for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, Ll, 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 Version 8/12006 NPDES Permit Standard Conditions Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting_ level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation > copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 8/12006 NPDES Permit Standard Conditions 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 pit 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 0.]. 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 Perrnittee'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, induding 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 (I) (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 8/1/2006 NPDES Permit Standard Conditions Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the. Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Pe nittee 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, induding exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage . of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. 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 rriminal 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, induding monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 8/1/2006 NPDES Permit Standard Conditions 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 Pernuttees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acxylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 Ng/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the faality 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 812006 NPDES Permit Standard Conditions Page13of16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works tPOTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or. 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;' c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 8/1/2006 NPDES Permit Standard Conditions Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit - The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements• 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater .treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which srrnmari7es the results of the Headworks Analysis (I3WA) 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 8/12006 NPDES Permit Standard Conditions Page15of16 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to. the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) •The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment. Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Version 8/1/2006 NPDES Permit Standard Conditions 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 requirementsof 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 8712006 INCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Gross: May 21, 2010 Subject: Error Correction NPDES Pet-mit NC00076775 Falls Powerhouse Stanly County On August 20, 2009, the Division of Water Quality issued NPDES Permit No. NC0076775 to Alcoa Power Generating, Inc. It has been brought to our attention that pH limit for Outfall 007 has been added due to an error. Please insert the enclosed corrected effluent sheet and discard the old sheet. This permit modification becomes effective on the effective date of the permit. All other terms and conditions 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. If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, you have the right to an adjudicator), 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 11666, Raleigh, North Carolina 27604. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit, please contact Sergei Chcrnikov at telephone number (919) 807--6393. Sincerely, oleen H. Sullins cc: IN/IRO-Surface Water Protection NPDES File Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location:512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-884921 Customer Service: 1-877-623-6748 Internet: wwwmcwaterquality.org An Equal Opportunity \ Atfinnatrve Acton Employer One Noi hhCarolina Vatiurej Permit NC0076 7 75 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [007] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall 007 [Sump Drain]. Such discharges shall be limitedand monitored by the Permittee as specified below: PARAMETER DISCHARGE LIMITATIONS Monitoring Requirements Monthly Average Daily ° Maximum Measurement Frequency Sample Type Sample Location Flow 1 Annual Estimate Effluent Oil and Grease1 15.0 mg/L 20.0 mg/L J Annual Grab Effluent pH2 _ Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/waterseparator and cleaning accumulated sediment in thebottomof the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre - approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. Avia NCDENRt North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 20, 2009 Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dee Freeman Secretary AUG 2 6 LC03 Subject: Issuance of NPDES Permit NC0076775 Falls Powerhouse Stanly County Dear Mr. Gross: 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 permit includes no major changes from the draft permit sent to you on July 1, 2009. 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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 l Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina . Naturally • Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 807-6393. cc: IVIROiSiirfaxe Water Protection NPDES File Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Acton Employer NorthCarolina Naturally Permit NC0076775 STA1'h OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WA Elt. QUALITY PERMIT TO DISCHARGE WAS 1'EWA I ER 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, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at the Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 1, 2009. This permit and authorization to discharge shall expire at midnight on January 31, 2014 Signed this day August 20, 2009 een H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0076775 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 is nuance, 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. Alcoa Power Generating, Inc. is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at the Falls Powerhouse, southeast of Badin at the end of NCSR 1727 in Stanly County. 2. Stormwater Discharge System — The facility is permitted to periodically discharge stormwater from secondary containment for transformers through a stormwater conveyance system, via outfall 008 located at the Falls Powerhouse. 3. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV & B CA waters in the Yadkin -Pee Dee River Basin. NC0076775 — Falls Powerhouse Latitude: 35°23'44" Longitude: 80°04'34" Quad #: F18NE Stream Class: WS-IV & B Receiving Stream: Yadkin River Sub -Basin: 03-07-08 Stanly County Map not to scale Permit NC0076775 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [007] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall 007 [Sump Drain]. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER ; ' DISCHARGE LIMITATIONS Monitoring Requirements ; Monthly ° Average. ' Daily Maximum," Measurement . ::, Frequency Sample ;` Type , " Sample • Location . Flow Annual Estimate Effluent 0il and Grease1 15.0 mg/L 20.0 mg/L Annual Grab Effluent pH2 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre - approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. Permit NC0076775 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 003 / 004 / 005] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER ' `; ,: DISCHARGELIMITATIONS Monitoring Requirements. Monthly Average Daily Maximum Effluent Measurement'' Frequency ''. Sample Type ' Sample. Location* " Flow (MGD) Annual Estimate Effluent Temperature1 1 1 Annual Grab Effluent pH2 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (2) BIOCIDE CONDITION There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWQ / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Permit NC0076775 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [008] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall 008. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER . `;`DISCHARGE'LIMITAl'IONS.;.:_ t �.'� Monitoring:Requirements_� Monthly: Average, Daily ' Maximum . asu Measurement `ti Frequency:-, Sample ;Type Sample Location - . BMP1 NOTES: 1. SEE A. (4). There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (4) BEST MANAGEMENT PRACTICES (BMP) FOR PERIODIC STORMWATER DISCHARGE The permittee is authorized by the Division to use Best Management Practices for the stormwater discharge from the secondary containment around the transformers under the following conditions: • Sumps shall be designed with underflow weirs/devices to prevent discharge of oily stormwater. • Weekly inspections of the transformers shall be performed to detect leaks/drips of oil. • Routine preventive maintenance procedures shall be conducted to address any leaks/drips of oil. • Inspection of the sump for the presence of oil as indicated by a visible sheen shall be conducted prior to the discharge. • Logs of time, date, and volume of stormwater discharge per discharge event shall be maintained. • All stormwater discharge events shall be reported along with the annual Discharge Monitoring Report (DMR). NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample • collection, or • (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 5/2009 NPDES Permit Standard Conditions Page 2 of 18 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 requites prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent- The following restrictions also apply: > Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters > Influent samples shall not be collected more than once per hour. > Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. > Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) D ally M aximum The highest " daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. E PA The United States E nvironmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDE S permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Version 5/2009 NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Q„arterlyAverage (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 5/2009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who izilyviolates 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(bX8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knottily violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3XBXiii) 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 5 143-215.6A] g• Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 5/2009 NPDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or maybe subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 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 d'recting other comprehensive measures to assure long Version 5/2009 NPDES Permit Standard Conditions Page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, males, 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. Version 5/2009 NPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: > Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly > Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: > Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: > Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC > A vacancy in the position of ORC or back-up ORC. 2. Proper 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)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 5/2009 NPDES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part I I . E . 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessaryfor a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Perr ittee 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 utili7ed/ disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilisation/ disposal of sludge may be Version 5/2009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 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 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 rase 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 Qiiality/ Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be. certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 5/2009 NPDES Pernut Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the.permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment ment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: > all calibration and maintenance records > all original strip chart recordings for continuous monitoring instrumentation > copies of all reports required by this permit > copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41] . 7. Recordinc Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: 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 maybe required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 5/2009 NPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)] . Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as 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)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as maybe necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 () (4)]. a Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. Version 5/2009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (aX2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41] . 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and niles pertaining to water quality. Version 5/2009 NPDES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which ann nal period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilised 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. GroundwaterMonitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as maybe required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of T oxic 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 pg/L); (2) Two hundred micrograms per liter (200 lig/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels" ; (1) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. E valuation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E . Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 5/2009 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instreamwater quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A N CAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)] : (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. Section B. Publicly Owned. Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 5/2009 NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Usets. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrc Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/ or the operation of the WWTP. The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates Version 5/2009 NPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it maybe necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)1, including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an Version 5/2009 NPDES Permit Standard Conditions Page 17 of 18 updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter ,cannot exceed the treatment capacity of the POTW as determined bytheHWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a Inspect all SIUs at least once per calendar year; and b. Sample all 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. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. 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. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 (j) (2)] 9. Enforcement Response Plan (E RP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307 (b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H.0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (E RP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting ann»al reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) maybe required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 5/2009 NPDES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PE RCS) 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 SIUs in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary F orms (IDSF) Monitoring data from samples collected by both the POTW and the 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 POTWs 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 SIUs that were in 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. I15A NCAC 2H.0903 (b) (35), .0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2)wiiD1 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H.0908 (f); 40 CFR 403.12 Co)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3), 403.9 (b) (3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their 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 5/2009 e SOC Priority Project: No To: Western NPDES Program Unit Water Quality Section Attention: Dina Sprinkle Date: September 8, 2008 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0076775 PART I - GENERAL INFORMATION 1. Facility and address: Falls Powerhouse Alcoa Power Generating Inc. Yadkin Division Post Office Box 576 Badin, N.C. 28009. 2. Date of investigation: N/A 3. Report prepared by: Samar Bou-Ghazale, Environmental Engineer II 4. Person contacted and telephone number: Mr. Mark Gross, (704) 422-5774 5. Directions to site: From the jct. of Hwy. 740 and SR 1719 (Falls Road) in the Town of Badin, travel east on SR 1719 to the end of the road (the road changes to SR 1727). The Falls Powerhouse is located at the end of SR 1727. 6. Discharge point(s), list for all discharge points: - Latitude: 35° 23' 44" Longitude: 80° 04' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. Page Two 9. Location of nearest dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. 10. Receiving stream or affected surface waters: Yadkin River a. b. c. Classification: WS-IV and B River basin and subbasin no.: Yadkin 03-07-08 Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: (MGD) Outfalls 001, 003, and 005: Outfalls 002 & 004: Outfall: 007: Outfall 001, 003, and 005: Outfall 002 and 004: Outfall 007: 0.432 MGD 0.0432 MGD 0.00072 MGD Unit's 1, 2, & 3 generator cooling water. Unit's 2 & 3 thrust bearing cooling water. Powerhouse floor drains, wheelpit drains, oil & sludge skimmer. b. Current permitted capacity: The permit does not contain a permitted capacity. c. Actual treatment capacity: Treatment is not provided at any of the six outfalls. d. Description of existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. e. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Residuals handling and disposal scheme: There are no residuals generated. 3. Treatment Plant Classification: This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): 48 MTU Code(s): N/A Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? Public monies were not used in the construction of this facility. 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Alcoa Power Generating, Inc., operates a powerhouse (dam) on the Yadkin River known as the Falls Powerhouse. There have been no changes and/or modifications to this facility or the subject peiiuit since the peuuit was last issued. Pending review and approval by the Western NPDES Program Unit, it is recommended that the permit be renewed as requested. Signature of Report Preparer /C* Surface Water Quality Regional Supervisor Date ,yy Date Michael F. Easley, Govemor pG William G. Ross Jr., Secretary fNorth Carolina Department of Environment and Natural Resources *o eem . ul[inc'ire ; ta 'vision f1,l4er MARK J GROSS FACILITY MANAGER ALCOA POWER GENERATING INC PO BOX 576 BADIN NC 28009 Dear Mr. Gross: August 8, 2008 AUG 1 1 2008 NC DENR MRO DWWQ Surface Water Protection Subject: Receipt of permit renewal application NPDES Permit NC0076775 Falls Powerhouse Stanly County The NPDES Unit received your permit renewal application on August 5, 2008; however, on initial review we note that a Sludge Management Plan was not included in the submitted paperwork. Please submit to this unit a Sludge Management Plan or a statement indicating that a Sludge Management Plan is not required. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Sergei Chernikov at (919) 807-6393. Sincerely, Dina Sprinkle NPDES Unit cc: CENTRAL FILES OM 7t=ill Ree/Surface Water Protection NPDES Unit Mailing Address 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Fax (919) 807-6492 Location 512 N. Salisbury St. Raleigh, NC 27604 North Carolina Naturally Internet: www.ncwaterqualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NPDES PERMIT T APPLICATION a SORT FO r C - Minor Industrial. Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number NC0076775 J If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Alcoa Power Generating, Inc Badin N.C. 28009 AUG - 5 2008 (704)422-5774 (704)422-5776 Mark.Gross@alcoa.com DENR - WATER QUALITY POIN (SOURCE BRANCH 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road City State / Zip Code County Falls Road Badin N.C. 28127 Stanly 3. Operator Information: Name of the firrn, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number Alcoa Power Generating, Inc P.O. BOX 576 Badin N.C. 28009 (704)422-5774 (704)422-5776 Page 1 of 4 C-MI 03/05 NPDES PERMIT APPLICATION - SIIORT FORM C - Manor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal ❑ State ❑ Private )1 Public ❑ 5. Standard Industrial Classification (SIC) code(s): 4911 6. Number of employees: 4 '7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. See Attached Flow Diagram 8. Is facility covered under federal effluent limitation guidelines? No ►1 Yes D If yes, specify the category? 9. Principal product(s) produced: Electricity Principal raw material(s) consumed: N/A Briefly describe the manufacturing process(es): Hydroelectric Generation Page 2 of 4 C-MI 03/05 NPDES PERMIT APPLICATION ._ SHORT FORM C ® Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amnount of principal product produced or raw material consumed (List specific amounts consumed and/or units of production over the last tl Product Produced or Raw Material Consumed (AVERAGE) Product Produced or Raw Material Consumed (PEAK) per Day 385 MW 806 MW per Month 11,714 MW 24,528 MW per Year 140,569 mw 294,336 MW 11. Frequency of discharge: Continuous ❑ Iantermittent If intermittent: Days per week discharge occurs: 7 Duration: 12. 'Types of wastewater discharged to surface waters only Discharge Flow (GALLONS PER DAY) Sanitary - monthly average NA Utility water, etc. - monthly average NA Process water - monthly average 2880 Stormwater - monthly average NA Other - monthly average Explain: Cooling Water 1,383,120 Monthly Average total discharge (all types) 1,386,000 13. Number of separate discharge points: 6 Outfall Identification number(s) 001, 002, 003, 004, 005, 007 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Yadkin River Page 3 of 4 C-MI 03/05 Powerhouse Floor Drains FALLS POWERHOUSE NPDES PERMIT NO. NC0076775 Yadkin River • FALLS Unit One Scroll Case v FALLS Unit Two Scroll Case v FALLS Unit Three Scroll Case 1 Units 1,2, and 3 Unit One Unit Two Unit Two Unit Three Unit Three Wheelpits Generator Thrust Bearing Generator Thrust Bearing Generator Drainage Cooling Water Cooling Water Cooling Water Cooling Water Cooling Water 432,000 Gal/Day 43,200 Gal/Day 432,000 Gal/Day 43,200 Gal/Day 432,000 Gal/Day 1 Oil and Sludge Skimmer 720 Gal/Day Outfall # 007 Outfall # 005 Outfall # 004 Outfall # 003 Outfall # 002 Outfall # 001 Into Yadkin Into Yadkin Into Yadkin Into Yadkin Into Yadkin Into Yadkin River River River River River River Unit One Generator Discharge per 24 Hrs. 1,551,225,600 Gals. Unit Two Generator Discharge per 24 Hrs. 1,712,880,000 Gals. Unit Three Generator Discharge per 24 Hrs. 1,712,880,000 Gals. 0' APPROXIMATE SCALE: 1"=1000' 500' 1000' MAP TAKEN FROM USGS 7.5-MINUTE QUADRANGLE BADIN, NC 2000' GEL Engineering OF NC, Inc. an Affiliate of THE GEL GROUP, Inc. GEL Post Office Box 14262 Research Triangle Park, NC 27709 (919) 544-1100 PROJECT: almxo16o6 Falls Powerhouse Stanly County, North Carolina SITE LOCATION MAP FIGURE 1 DATE: August 1, 2008 DRAWN BY: KM APPRV. BY: ADE To: NPDES Unit Water Quality Section Attention: Agyeman Adu-Poku Date: May 21, 2007 SOC Priority Project: No NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0076775 PART I - GENERAL INFORMATION 1. Facility and address: Falls Powerhouse c/o Alcoa Power Generating Inc. Yadkin Division Post Office Box 576 Badin, N.C. 28009 2. Date of investigation: April 19, 2007 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Mr. Larry McCaskill, (704) 422-5639 5. Directions to site: From the jct. of Hwy. 740 and SR 1719 (Falls Road) in the Town of Badin, travel east on SR 1719 to the end of the road (the road changes to SR 1727). The Falls Powerhouse is located at the end of SR 1727. 6. Discharge point(s), list for all discharge points: - Latitude: 35 ° 23' 44" Longitude: 80° 04' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. Page Two 9. Location of nearest dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. 10. Receiving stream or affected surface waters: Yadkin River a. b. c. Classification: WS-IV and B River basin and subbasin no.: Yadkin 03-07-08 Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: (MGD) Outfalls 001, 003, and 005: Outfalls 002 & 004: Outfall: 007: Outfall 001, 003, and 005: Outfall 002 and 004: Outfall 007: 0.432 MGD 0.0432 MGD 0.00072 MGD Unit's 1, 2, & 3 generator cooling water. Unit's 2 & 3 thrust bearing cooling water. Powerhouse floor drains, wheelpit drains, oil & sludge skimmer. b. Current permitted capacity: The permit does not contain a permitted capacity. c. Actual treatment capacity: Treatment is not provided at any of the six outfalls. d. Description of existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. e. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Residuals handling and disposal scheme: There are no residuals generated. 3. Treatment Plant Classification: -This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): 48 MTU Code(s): N/A 46. Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? Public monies were not used in the construction of this facility. 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Alcoa Power Generating, Inc., operates a powerhouse (dam) on the Yadkin River known as the Falls Powerhouse, which generates hydroelectric power. Complex electrical generation machinery exists at this facility that requires cooling water during operation. In this modification request, Alcoa plans to construct secondary containment around existing transformers located at the subject facility. This secondary containment will require the occasional removal of storm water (SW) that will accumulate in the containment area and ultimately be discharged through existing SW outfalls. In lieu of additional monitoring, Alcoa has requested that BMP's be utilized to ascertain permit compliance. It should be pointed out that these are existing transformers, and any leakage that may have occurred from these units in the past would have entered the existing SW drainage without being monitored. This Office has no objection to allowing Alcoa to utilize BMP's in lieu of additional monitoring, however, it is recommended that the NPDES permit contain a requirement that any discharges from the secondary containment structure be reported along with the annual monitoring currently required by the permit. It is recommended that the NPDES Permit be modified as requested. h:\dsr\dsr07\fallsdam. dsr Signature of Report Preparer Water Quality Regional Supervisor Date Mark Gross Alco Power Generating, Inc. P.O. Box 576 Badin, NC Dear Mr. Gross: 28009 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 27, 2007 Subject: Receipt of permit renewal application NPDES Permit NC0076775 Falls Powerhouse Stanly County The NPDES Unit received your application and check #21276 for $215.00 (major modifications) on April 27, 2007. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 350. cc: CENTRAL ES 1 regtesville Regionali0`ffice Wateri.Q alt PDES Unit Section Sincerely, Carolyn Bryant Point Source Branch V ' des 4�A1E_.. OFFICE. • rAPR 3 ' aP^7. North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Phone (919) 733-7015 FAX (919) 733-2496 No One Carolina ,Naturally Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper ALCOA April 23, 2007 N. C. Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, N. C. 27699-1617 Attention: Ms Susan Wilson RE: STORMWATER DISCHARGE PERMITTING - FALLS POWERHOUSE — NC0076775 • NARROWS POWERHOUSE — NC0081957 TUCKERTOWN POWERHOUSE — NC0081949 HIGH ROCK POWERHOUSE — NC0081931 Dear Ms. Wilson: Alcoa Primary Metals Alcoa Power Generating Inc. Yadkin Division 293 NC 740 Hwy PO Box 576 Badin, NC 28009-0576 USA CERTIFIED MAIL RETURN RECEIPT REQ 1158 3755 ALCOA POWER GENERAT STEP _... INC APR 2 7 2007 DENR - WATER QUALITY POINT SOURCE BRANCH Alcoa Power Generating, Inc has plans to install secondary containment for transformers which are part of the substations located at the Falls, Tuckertown, and High Rock Powerhouses. The Narrows Powerhouse does not have transformers on site and thus will not be installing any containment at this location. The installation of secondary containment will require the periodic removal of storm water which accumulates in the containment area and discharge through existing storm water conveyance systems. Historically, the storm water from these substations has been passively discharged through these same existing storm water conveyance systems. As per previous conversations regarding this matter, Alcoa Power Generating, Inc would like to request that Best Management Practices (BMP's) be utilized for permitting these discharges in lieu of monitoring requirements and associated permit limits. The Best Management Practices that we are proposing would include designing the sumps with underflow weirs/devices to prevent the discharge of oily water, weekly inspections of the transformers for leaks / drips of oil, routine preventative maintenance procedures to address any leaks / drips of oil, inspection of the sump for the presence of oil as indicated by a visible sheen prior to discharging, and maintaining a log to document the time, date, and volume of water discharged per discharge event. To this end, please find attached an application to amend the the Falls Powerhouse NPDES permit to include this discharge, as well as, a check for the permit fee in the amount of $215.00. If you should have any questions or comments, please don't hesitate to contact me @ 704-422-5774 or Larry McCaskill @ 704-422-5639. Yours Very ruly, kJ.0 Css Vice Present of Operations Alcoa Power Generating, Inc cc:email Z. T. Gibson W. L. McCaskill J. D. Morton — NAEHS W. M. Bunker R Dworek — PGH Legal NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number NC0076775 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name ALCOA POWER GENERATING, INC Facility Name FALLS POWERHOUSE Mailing Address P.O BOX 576 City BADIN // f Li Li APR 2 7 2007 State / Zip Code N.C. 28009 Telephone Number (704)422-5774 Fax Number (704)422-5776 - W.;t tg 4l'u::a lTy POIT SOURCE g• , e-mail Address MARK.GROSS@ALCOA.COM 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road City State / Zip Code County FALLS ROAD BADIN N.C. 28009 STANLY 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name ALCOA POWER GENERATING, INC Mailing Address P.O BOX 576 City BADIN State / Zip Code N.C. 28009 Telephone Number (704)422-5774 Fax Number (704)422-5776 Donn 1 of A r_inl nZ/ng NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ 5. Standard Industrial Classification (SIC) code(s): 4911 6. Number of employees: 4 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. N/A 8. Is facility covered under federal effluent limitation guidelines? No ►/ Yes ❑ If yes, specify the category? 9. Principal product(s) produced: ELECTRICITY Principal raw material(s) consumed: N A Briefly describe the manufacturing process(es): Donn) of A r_nei nzin4 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. HYDROELECTRIC GENERATION 10. Amount of principal product produced or raw material consumed List specific amounts consumed and/or units of production over the last three years Product Produced or Raw Material Consumed (AVERAGE) Product Produced or Raw Material Consumed (PEAK) per Day 385 MW 806 MW per Month 11,714 MW 24,528 MW per Year 140,569 MW 294,336 MW 11. Frequency of discharge: Continuous ❑ Intermittent El If intermittent: Days per week discharge occurs: <1 Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow (GALLONS PER DAY) Sanitary - monthly average N/A Utility water, etc. - monthly average N/A Process water - monthly average N/A Stormwater - monthly average UNDETERMINED Other - monthly average Explain: COOLING WATER 1,382,400 Donn Q of A rim! m ing NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Monthly Average total discharge (all types) 1,383,120 13. Number of separate discharge points: 6 Outfall Identification number(s) 001, 002, 003, 004. 005, 007 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): YADKIN RIVER 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shalt be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. - Parameter Daily Maximum Monthly Average Units of Measurement - Biochemical Oxygen Demand (HODS) Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids Ammonia as N Temperature (Summer) Temperature (Winter) pH Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Donn A of A r_nni mmg NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program NESHAPS (CAA) Ocean Dumping (MPRSA) NC0076775 Dredge or fill (Section 404 or Other 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Oil & Grease - deminimus quantities - Stormwater discharge from secondary containment of transformers 18. Is this facility located on Indian country? (check one) Yes ❑ 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. ignaturepplicant No Vice President of Operations Title North Caro'. a General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Dmnn r. nfA r_nni Hung To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver SOC Priority Project: No Date: October 8, 2003 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0076775 MRO No.: 03-78 PART I GENERAL INFORMATION 1. Facility and address: Falls Powerhouse Alcoa Power Generating Company Post Office Box 576 Badin, N.C. 28009 2. Date of investigation: May 22, 2003 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Mr. Larry McKaskill, (704) 422-5624 5. Directions to site: From the jct. of Hwy. 740 and SR 1719 (Falls Road) in the Town of Badin, travel east on SR 1719 to the end of the road (the road changes to SR 1727). The Falls Powerhouse is located at the end of SR 1727. Discharge point(s), List for all discharge points: - Latitude: 3 5 ° 23' 44" Longitude: 80° 04' 34" Attach a USGS map extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. s Page Two 9. Location of nearest dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. 10. Receiving stream or affected surface waters: Yadkin River a. b. c. Classification: WS-IV and B River basin and subbasin no.: Yadkin 03-07-08 Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: (MGD) Outfalls 001, 003, and 005: Outfalls 002 & 004: Outfall: 007: Outfall 001, 003, and 005: Outfall 002 and 004: Outfall 007: 0.432 MGD 0.0432 MGD 0.00072 MGD Unit's 1, 2, & 3 generator cooling water. Unit's.2 & 3 thrust bearing cooling water. Powerhouse floor drains, wheelpit drains, oil & sludge skimmer. b. Current permitted capacity: N/A c. Actual treatment capacity: N/A d. Description of existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. e. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Residuals handling and disposal scheme: There are no residuals generated. 3. Treatment plant classification: This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): 48 MTU Code(s): N/A 4 Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? Public monies were not used in the construction of this facility. 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Alcoa Power Generating, Inc. (formallyYadkin, Inc., a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as Falls Powerhouse, which until about six months ago generated hydroelectric power that was used in ALCOA's aluminum manufacturing process. Due to poor economic conditions and the global aluminum market, ALCOA has since curtailed all manufacturing operations, and the dams are now only used to produce hydroelectric power that is sold to the local electric utility companies. issued. There have been no changes and/or modifications to this facility since the Permit was last It is recommended that an NPDES Permit be renewed as requested. h:\dsr\dsr03\fallsdam. dsr Signature of RepoPreparer leeet.d-a-e-\ Water Quality Re nal Supervisor Date 0,7 Date State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Mr. Mark Gross Alcoa Power Generating, Inc. PO Box 576 Badin, North Carolina 28009 Dear Mr. Gross: MQ July 29, 2003 AriITIFFA E b ENVIRO 1=IM.%i57-/O:r A4741 5,1wEs Subject: NPDES Permit ts.yykle1AIi5C Permit NC0076775 Falls Powerhouse Stanly County The NPDES Unit received your permit renewal application on July 24, 2003. Thank you for submitting this package. The permit renewal for this facility has been assigned to Charles Weaver. 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 NC0076775 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding 'while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 733-5083, extension 511. cc: p]Gt oresville. Regional Office, Water Quality Section NPDES File Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Sincerely, �J c-LL-L.1 Valery Stephens Point Source Unit 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Valery.Stephens@ncmail.net ES PERMIT APPLICATION - SHORT FORM C T'Wring or commercial facilities with a discharge <1 MGD (or WTPs) Department of Environment and Natural Resources 5 Division of Water Quality / NPDES Unit '1$" 1 17 Mail Service Center, Raleigh, NC 27699-1617 Nina NPDES Permit Number NCOO 76775 Please print or type Gib and facility producing discharge A. Name Alcoa Power Generating, Inc - Falls Powerhouse B. Mailing address of applicant: Street address P.O. Box 576 City Badin State N. C. Telephone Number Fax Number e-mail address C. Location of facility: Contact Person Mark J. Gross ( 704) 422-5774 ( 704 )422-5776 County Stank/ Zip Code 28009 Mark.Gross@Alcoa.com Street Falls Road City Badin County Stanly State N.C. Zip Code 28009 Telephone Number (704) 422-5774 2. Standard Industrial Classification (SIC) code(s): 4911 3. Number of employees: 4 4. Principal product(s) produced: Electricity Principal raw material(s) consumed: N/A 5. Principal process(es): Hydroelectric Generation 6. Amount of principal product produced (or raw material consumed) (List specific amounts consumed and/or units of production) Product Produced or Raw Material Consumed (AVERAGE) Product Produced or Raw Material Consumed (PEAK) per Day 385 MW 806 MW per Month 11,714 MW 24,528 MW . per Year 140,569 MW 294,336 MW 7. Check here if discharge occurs all year X or Circle the month(s) in which discharge occurs: January February March April May June July August September October November December 1 /n.rf..n 4 4 /oM/1 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) Days per week discharge occurs: Seven (7) NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. 8. Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day Flow (GALLONS PER OPERATING DAY) Volume treated before discharging (PERCENT) Sanitary - daily average NA Cooling water, etc. - daily average 1,383,120 0 Process water - daily average 2880 100 Maximum per operating day for total discharge (all types) 1,386,000 <1 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 NA gpd B. Underground well NA gpd C. Septic tank 300 gpd D. Evaporation lagoon or pond NA gpd E. Other, specify gpd 10. Number of separate discharge points: 6 11. Name of receiving stream(s): Yadkin River 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel oil and grease phenols selenium zinc None of the above I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Pers n Signing Title 1 '71 ( rio e-c ate Signature of Appl ca North Carolina General Sta to 3-215.6E (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other docume Iles 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 D,,.,. 9 ..f 9 I /n r..i..n 41/7/I11/1 Powerhouse Floor Drains FALLS POWERHOUSE NPDES PERMIT NO. NC0076775 Yadkin River FALLS Unit One Scroll Case FALLS Unit Two Scroll Case FALLS Unit Three Scroll Case Units 1,2, and 3 Unit One Unit Two Unit Two Unit Three Unit Three Wheelpits Generator Thrust Bearing Generator Thrust Bearing Generator Drainage Cooling Water Cooling Water Cooling Water Cooling Water Cooling Water 432,000 Gal/Day 43,200 Gal/Day 432,000 GaUDay 43,200 Gal/Day 432,000 GaUDay Oil and Sludge Skimmer 720 Gal/Day Outfall # 007 Outfall # 005 Outfa I # 004 Outfall # 003 Outfal # 002 Outfal # 001 Into Yadkin Into Yadkin Into Yadkin Into Yadkin Into Yadkin Into Yadkin River River River River River River Unit One Generator Discharge per 24 Hrs. 1,551,225,600 Gals. Unit Two Generator Discharge per 24 Hrs. 1,712,880,000 Gals. Unit Three Generator Discharge per 24 Hrs. 1,712,880,000 Gals. TerraServer Image Courtesy otthe USUS rage or Send To Printer Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Landscape MUSGS 12 km NE of Albemarle, North Carolina, United States 01 Jul 1984 • • 7' i- Ler- 0' '2Km 0' Image courtesy of the U.S. Geological Survey © 2003 Microsoft Corporation. All rights reserved. Terms of Use http://terraserver-usa. com/printimage. aspx?T=2& S=14&X=182&Y=1224&Z=17&W=2... 07/22/2003 ALCOA July 24, 2003 Alcoa Primary Metals Alcoa Power Generating Inc. Yadkin Division 293 NC 740 Hwy PO Box 576 Badin, NC 28009-0576 USA N. C. Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, N. C. 27699-1617 CER111411,D MAIL RETURN RECEIPT REQUESTED Attention: Mr. Dave Goodrich 8437 3989 RE: NPDES PERMIT RENEWAL APPLICATIONS — ALCOA POWER GENERATING, INC FALLS POWERHOUSE — NC0076775 NARROWS POWERHOUSE — NC0081957 TUCKERTOWN POWERHOUSE — NC0081949 HIGH ROCK POWERHOUSE — NC0081931 Gentlemen: Attached, please find the NPDES permit renewal applications for Alcoa Power Generating, Inc.'s four hydroelectric facilities. Alcoa Power Generating, Inc.'s present NPDES permits are due to expire on August 31, 2004. The renewal application package contains the following items: N. C. Standard Form C. One signed orignal and two copies for each facility. Schematic of Water Flow. Three copies for each facility. Location Map - Three copies for each facility. If you should have any questions or comments, please don't hesitate to contact me @ 704- 422-5639. Yours Very Truly, William L. McCaskill Senior Environmental Specialist Alcoa - Badin Works cc: M. J. Gross - attachments cc: email Z. T. Gibson S. H. Myers W. F. Brockway J. D. Morton M. A. Ross J U L 2 4 2003 May 23, 2007 Mr. Mark J. Gross Vice President of Operations Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Michael F Easley, Governor rs Williani,G.(Rosspr,.7 Secretary North Carolina"Department of Environment -and Natural Resources • Alan W. Klimek, P.E. Director Division of Water Quality MAY 2 52007 Subject: Draft NPDES Permit Modification Permit Number NC0076775 Falls Powerhouse Stanly County Dear Mr. Gross: The Division has received your permit modification request regarding stormwater discharge from secondary containment around transformers through existing stormwater conveyance systems. We have reviewed your request and determined that your current permit should be revised to include a special condition for Best Management Practices (BMP) for stormwater discharge from the secondary containment around the transformer. At this time, the Division is submitting a notice to the newspapers of general circulation in Stanly County, inviting comments from you or your representative, the public and other agencies on the draft permit. The notice should be published on or about May 23, 2007. Please submit any comments to me no later than June 29, 2007. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in July, with an effective date of September 1, 2007. If you have any questions or comments concerning this draft permit, you may contact me at the telephone number (919) 733-5083 ext 508. Sincerely, Agyeman Adu-Poku Environmental Engineer NPDES Western Program cc: NPDES Unit Mooresville -Regional Office/Surface Water Protection DEH/Britt Setzer No Carolina Naaturally , North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwaterqualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Customer Service r Permit No. NC0076775 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, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become. effective This permit and authorization to discharge shall expire at midnight on January 31, 2009 Signed this day DRAFT Alan Klimek, P.E. Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0076775 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. Alcoa Power Generating, Inc. is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County, and 2 Stormwater Discharge System — The facility is permitted to periodically discharge stormwater from secondary containment for transformers through a stormwater conveyance. system, an outfall 008 located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County 3. Discharge from said treatment works at the location specified on the attached map into the Yadkin River, which is classified as class WS-IV, and B CA waters in the Yadkin -Pee Dee River Basin. Facility Information Latitude: 35°23'44." Longitude: 80°04' 34" Quad #: F18NE Stream Class: WS-IV and B Receiving Stream: Yadkin River Permitted Flow: N/A Sub -Basin: 03-07-08 Yadkin Inc. NC0076775 Falls Powerhouse A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by the Permittee as specified below: -.,. ,.. r .'x .., ,,... ..- ,a ..,... .. �. ,, .a:.o-a to a _„az: t . « _.n:._k .,, .� s .x ... ; °.. s ' ' ,; . `fi+:._, l .. , . Y,.. ... � ` � DISC G�1 IT ITATIONS. , _ ,� x� '�' �a �"a: Ati t rx 5> 1,a at,,,, � -, ,: ^; ��y ," 4? i7.. -# � �_ .�- � . �Kxs�3. ,,�,n . it =t n '.Re ; uirernent�� � ..T�...,. :_. 3 3 1Y10� Q� � > °+ '. ... :.�,' . 43,,,. �EFFLUENTg.CIiRACTERI5 IC , �'3�--:ak�`E ».�n .xx. .:.�.. '; 'Pc«. Manthl �,t�vexaaae F, � �} .,+ .i. .a.. i . ,,. ..,.,. a ., : � � : r € _. � ��m ''+., si+„ i fa: �„ ' ,,. s'4..:. .:�_.`"`"i-i•}>£. :.: a_:.,t . eklyAyerag�� ... ,..a «., ;'b & >-.._> ..: h�? 3 5e ,. t , , . r . ... � :�,� � . � � i \ Y X ' ': � .. .. � r' x i .. ,*... x,.. :. :,. .. n . e. �TJalyMaxlmum ,... 4 .> # 3 �1 N ., { ^ m. 0. iw.na ff� '... :Y;�n':. :, u ntFluleasur-,-,s , T `l' t3 .. � Effl � >, ,:,y"xi .t: :, J ., .. ... A ry } ."�. �requency��w �;�,T "NN' " a S le T e , '" i. �; Xwi � '� `^";,t. Pi,. �t�., y . ,i .,Y' M,. , Sam le^. t55�, ,t4 ��Lo,cahony Flow (MGD) Annual Estimate E Temperature' 1 1 Annual Grab 1 pH2 2 2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic Life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January. 30th following the completed reporting period. The first DMR is due January 30' 2008. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0076775 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 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: �.'.'S'f'i .* .,L EFFLUENT HARACIJ;RISTXCS. G , T ..., � y � -.y r .:.�'y x'e ^''� �� a � CHARGELIMITATTO S �.r �i,Jd � � ..�k � Y�X F J .... � � �fIonitorn�Re iurerneritsx g z;: . � s..'z'•u- .sp .. ,ar ,�'.;w, c:-�4 _::K. , - ,sMonth1y A era e... y v g ,sb. . fr , .;. ,M., <w -,;a .:� , " L, _.;.?, h x _s:, *,' a ;, ' Weekl Avera e , t n . , '�, �.. 'e:5: �,,., s "�' `.c.� -.?§` Dail'. Maximum _R 3 (fluent Measurement � n a$ k k - ...L�; - .''t .Fre unc u k S : lee T : r ype amt! �' . Sam le a' x p Flow Annual Estimate E Oil and Grease' 15 mg/1 20 mg/1 Annual Grab l; pH2 Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minim routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved b3 division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the dischai and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2008. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater water from outfall(s) serial number 008. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS 5 {, :DISCHARGE LIMITATIONS;' x � , , . to in 1Vloni r Req rt g uirements Monthly Avera e g ; Weekl Avera e y : -' g, Dail Maximum Y Effluent Measurement } Fre quenc q Y Sample r e TYP Sample .Location* . ., BMP' NOTES: 1 See special condition A. (4). The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (4). Best Management Practices (BMP) for Periodic Stormwater Discharge The permittee is authorized by the Division to use Best Management Practices (BMP) at the stormwater discharge from the secondary containment around the transformers under the following conditions: • Designing sumps with underflow weirs/devices to prevent discharge of oily stormwater. • Weekly inspection of the transformers for leaks/drips of oil. • Routine preventive maintenance procedures to address any leaks/drips of oil • Inspection of the sump for the presence of oil as indicated by a visible sheen prior to discharge. • Maintaining a log of the time, date, and volume of stormwater discharge per discharge event. State of North Carolina Department of Environment and Natural Resources vision of Water Quality 5 Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director January 23, 2004 Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Gross: NORTH CAROLINA DERA-TMENT'.DF ENVIRONMENT AND NATURAL RESOURCES FEB 0 6 2004 ATEa 3ECTI Subject: Modifications to NPDES Permits Permits: NC0081957 NC007.6775 NC0081949 NC0081931 Based on your comments dated December 17, 2003, the Division of Water Quality has modified the Alcoa Power Generating, Inc. permits. Unfortunately, your comments were submitted after the 30-day comment period and eve were unable to make corrections in the final permits, so they are being made with this modification. The reference to Special Condition A(3) Penstock Sump Drains has been removed from Permit NC0081957, and the date for submitting the first DIM has been changed to January 30, 2005 in the following permits: NC0076775, NC0081957, NC0081949, NC0081931. Please find enclosed the revised permit pages. The revised pages should be inserted into your permit. The old pages may then be discarded. All other terms and conditions contained in the original permits 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 any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit modification, contact Sergei Chernikov at the telephone number 919-733-5083, extension 594. cc: NPDES Unit Mooresville Regional Office / Water Quality Section Central Files Sincerely, Alan W. Klimek, P.E. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer http://h2o.enr.state.nc.us/NPDES A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored -by thePermittee as specified below: Permit No. NC0081949 EFFLUENT CHE RACICS '' ..: '. 4 ' , �DISCi-i1 RG`E :13MI ' �,T ®NS : ' MONITORING REQUIREMENTS EffluentIMea6urement;.- F equegcy. • .. . Sample Type ' Sample Location * " Mo`r thl� , Average .•,: i 'li :,;, 4 ^ ' ril 'ref ,, , i WeeklEA er gee , ;`,; .fail 'Maximum Flow (MGD) Annual Estimate E Temperatures 1 1 Annual Grab E pH2 2 2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. l The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0081949 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 004 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS'' "' ' ""^ , ; DISC 3ARGE.WMTTATIONS: ,.:;MONITORING REQUIREMENTS Monthly Pyt*rage'; Week1y.,Avera e , • !!..Daily. Maximum Effluent` Measurement F iequency Sample Type Sample Location' Flow Annual Estimate E Oil and Grease' 15 mg/1 20 mg/1 Annual Grab E pH2 Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. The pII of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit. cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change'solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream: Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30111 following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (I). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored bythe•Permittee as specified below: .EF1 LUENT CHABACTERISTTj Flow (MGD) i a ;Week�1Y*erage' a1I ,Mt cFmuni Permit No. NC0076775 ONIORING REQUIREMENTS EffluentMeasurement • l'Fregpency Annual Sample Type Estimate Sample Location* E Temperature' pH2 1 2 2 Annual Annual Grab Grab NOTES: Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. I The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge, • 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use bf any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the NISDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`h following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final Permit No. NC0076775 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 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: .Ek.rLUENT CHARACTEiR�STICS j 7.]}11 f„ F j t 1 1 �f i j,l}j �.. ... ' � " jfi li + i �.. { � 1y'. k J...... ! {r . , jl a ;,' f, ' s K t ; :g; r ,, l },! sw <.j' IS I t`rE; -IM A�TQ iS , ,, ,, :, � , OE UIREMENTS MONITORTNG Q ....i�. , p thl Aveta '1' M€ lr� n� r sir,' t r l C r J r.i. ,..i,�� is 1 � a t. !4. � e.t 11. .' ui F{ it'�i'" �fJ.� �i'i{ 12' :rq , F� t l i Y k�lvy� ,,,,„„ Average .j �. 1 u,r,.,a ,4„ L, y{�>2 i , '.. 1 r F " cl� t a i ,' $J y1''iaxlmutn' ns, .,; j S ,F , li:..: 1 . if* E ffluerifI�teasurement ' t 1=rgt�enc� . • . Sample Type ` Sample Location* Flow Annual Estimate E Oil and Grease 15 mg/1 20 mg/1 Annual Grab E pI-12 Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a' weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oiUwater separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvehis, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due.January 30' 2005.. Samples obtained for monitoring purposes may be collected anytime during the calendar year. •—• ...... .. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (1). EH-LUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 005, 006 and 007. Such discharges shall be limited and monitored by the Permittee as specified below: `yt u, Flow (MGD) 4.101ZL% r r.;I?.A Permit No. NC0081957 s+;;IVIONITORINGRREQU.iREMENTS` uent M�asuremetit reguency ;;` Annual Sample.Type Estimate Sample Location* E Temperatures pH2 1 1 Annual Annual Grab Grab NOTES: Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. * 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32°C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to .the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final Permit No. NC0081957 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 003 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: :, ii' ' N 0;t sk .. , H °_ `+� I , .;: ' •,;:,'- , r rr `�DICHARG�rLIMLTA T�QNr �� Q ILTORING RE UIREMENTS . . i M Q. 1✓t�rLUENT. CHARACIS� IGS;���rl� ti `�,+I9,ir+ rc x �. ' `....� ss tt¢. { 1' €E .i ,,,,, 3 r1Vloppfklly,Awerag , .w 7 t. Lr ; t n , s x , f , ,. , ,r31 �,ai l „r ,.„, x u- .,....a,, i��: :r1n ;h We"ek1 1Aveta e, rtr:ut 1 1 j, ails 3vlxtmuraregitency Efflu610 asurement r; tf .r :'Sample Type Sarbple L cation* Flow Annual Estimate E Oil and Grease' 15 mg/I 20 mg/I Annual Grab E pH2 Annual Grab E NOTES: Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive. pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents,'a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited `by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion'of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30'1i following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0081931 - During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: „EFFLUENTC ; CTERISTICS ,, j,,,, ;:, t,t ,.,':DISCHATZOK ; MITAIIONS " :MONITORING REQUIREMENTS .e �t Effluer fi M�4sur me r. ` q Y ;. . r � r� � �� uErlc Sam.:.,.le P e Sari 1e P cation * Lo . .., ,,;,}, lttC , ' . a��.,,,,,v„��n���iir�..�..ti M " t4ii: ;p ' "�1,.'.1,' i 't'. E':f, f ,,k , b�.�, �,����,la���,....p_...�k� ,,; a r ,� rt ,h h .sf x r.. �'"'�t; .: ? .i�7. ,t1;sJT, ,na. � ,.. t..... ' W e ,.Vex ei..,,t�,, re ��.�...�,,;�:g , ,.n , - .,. N., �,Dai�:�a%i�r�n urn Flow (MGD) Annual Estimate E Temperature' 1 • 1 Annual Grab E p1_I2 Annual Grab E NOTES: Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use df+any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in'the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30°1 following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. \tip A.1 �c9QG T Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality DIVISION OF WATER QUALITY January 15, 2004 Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, NC 28009 Subject: NPDES Permit No. NC0076775 Falls Powerhouse Stanly Courity, NC Dear Mr. Gross: Our records indicate that NPDES Permit No. NC0076775 was issued on December 30, 2003 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 dole 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 (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 NorthCaroliina Naturally NCDENR N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 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 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, . Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:\NPDESLTR. WQ gin NCDENR t Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Gross: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality December 30, 2003 Subject: Issuance of NPDES Permit NC0076775 Falls Powerhouse Stanly County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on November 5, 2003. 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 Dr. Sergei Chernikov at telephone number (919) 733-5083, extension 594. cc: Central Files Iile resuille egic nalkC ffice%Water=Quality_Sectioni NPDES Unit N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Sincerely, ex DEPT. OF ENVIRONMENT SUSAN A. WILSO GRIGINAI_ SIGIVI D S lai'^ f,'f r� ir.. "f. `�Eap11RCE3 I\9 �,� ,:..b4LaFFicE Alan W. Klimek, P.E. Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center: 1 800 623-7748 1Ck1 i 5 PON4 Permit No. NC0076775 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, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2004 This permit and authorization to discharge shall expire at midnight on January 31, 2009 Signed this day December 30, 2003 ORIGINAL SIGNED BY SUSAN A. WILSON Alan Klimek, P.E. Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET Alcoa Power Generating, Inc. is hereby authorized to: Permit No. NC0076775 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County, and 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV and B CA waters in the Yadkin -Pee Dee River Basin. Facility Information Latitude: Longitude: Quad #: Steam Class: Receiving Steam: Permitted Flow: 35°23'44" 80°04'34" F18NE WS-IV and B CA Yadkin River N/A Sub -Basin: 03-07-08 Facility Location �r ] .111,1 �_ lr y 1`•••t t om=:'-- r Yadkin Inc. NC0076775 Falls Powerhouse 1 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Week1> Average Daily Maximum Effluent Measurement Frequency Sample Type Sample Location* Flow (MGD) Annual Estimate E ! Temperature' 1 1 Annual Grab 1 pH2 2 2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`'' following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final Permit No. NC0076775 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 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Effluent Measurement Frequency Sample Type Sample Location* Flow Annual Estimate E Oil and Grease 15 mg/I 20 mg/I Annual Grab E pH2 Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. NPDES Permit Requirements Page 1 of l G PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for allseven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3of16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4of16 d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g- Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each. day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in •this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or tolgether 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): "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification,IRevocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code; Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollutilon control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less. than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: > Visit the facility at least weekly > Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: > Visit the facility at least daily, excluding weekends and holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements Page 8of16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilised/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all xisting Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilisation/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevenli the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: > all calibration and maintenance records > all original strip chart recordings for continuous monitoring instrumentation > copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10of16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 NPDES Permit Requirements Page 12of16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director 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 (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: . 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 • NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C), The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of .an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain .appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Version 6/20/2003 e.) NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 6/20/2003 State of North .Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director November 5, 2003 Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 NORTH • INA,DEPARTMENT-OF ENVIRONMENT AN4NATURAL RESOURCES =' NOV 1 3 2003 Subject: Draft NPD ermiti �� Permit NC0076775 LIT Falls Powerhouse Stanly County Dear Mr. Gross: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains no significant changes from your current permit. Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in the beginning of January 2004, with an effective date of February 1, 2004. If you have any questions or comments concerning this draft permit, contact me at the telephone number or e-mail address listed below. Sincerely, S.fgei Chernikov, Ph.D. PDES Unit cc: NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 594 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer sergei.chemikov@ ncmail.net 4 Permit No. NC0076775 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY DRAFT 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, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on January 31, 2009 Signed this day DRAFT Alan Klimek, P.E. Director Division of Water Quality By Authority of the Environmental Management Commission O SUPPLEMENT TO PERMIT COVER SHEET Alcoa Power Generating, Inc. Permit No. NC0076775 is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County, and 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV and B CA waters in the Yadkin -Pee Dee River Basin. Facility Information Latitude: Longitude: Quad #: Stream Class: Receiving Stream: Permitted Flow: 35°23'44" 80°04'34" F18NE WS-IV and B Yadkin River N/A Sub -Basin: 03-07-08 Facility Location X North Yadkin Inc. NC0076775 Falls Powerhouse sit A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Draft Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS; �.. DISCHARGE LIMITATIONS _ MON rOkIN REQUIREMEN G Monthl P verage y ` b: �V•eeklyA .era e : DailyMaximum .: Effluent Meast rement Frequency.; °. Sample Type:TS Sample , - Location* Flow (MGD) Annual Estimate E Temperature' 1 1 Annual Grab 1 pH2 2 2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`1' following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. ®. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Draft Permit No. NC0076775 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 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EH-LUENT CHARACTERISTICS ;DISCHARGE LIIvIITATiON 1VIONIT:ORING.REQUIREMENTS Monthly Average '"Ef cent IVleasut e i nt Frequent ':Sample Type .Sainp1`e Location* Flow Annual Estimate E Oil and Grease' pH2 15 mg/1 20 mg/1 Annual Annual Grab Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`11 following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. w DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0076775 Facility Information Applicant/Facility Name: Alcoa Power Generating, Inc. /Falls Powerhouse Applicant Address: PO Box 576, Badin, NC 28009-0576 Facility Address: End of NCSR 1727 southeast of Basin, NC Permitted Flow N/A — Daily Average — 1,383,120 gpd Type of Waste: Once though cooling water and sump discharges. Facility/Permit Status: Renewal County: Stanly Miscellaneous Receiving Stream: Stream Classification: Yadkin River WS-IV & B CA Regional Office: USGS Topo Quad: Mooresville F18NE 303(d) Listed?: Subbasin: NO 03-07-08 Permit Writer: Date: Sergei Chernikov November, 2003 Drainage Area (mi2): Summer 7Q10 (cfs) 4125 1400 Winter 7Q10 (cfs): 1400 Average Flow (cfs): IWC (%): Primary SIC Code: 4911 SUMMARY This facility maintains 6 outfalls (001, 002, 003, 004, 005 and 007) With the exception of outfall 007 (sump drain) the source of water for the other outfalls is once through cooling water. The old permit stipulates that outfalls 001 through 005 monitor (with no limits) flow, temperature and pH. For the outfall 007 monitoring was required for oil and grease, flow and pH. The receiving stream, Yadkin River, is classified as WS-IV and B CA waters, from a point 0.6 mile upstream of the High Rock Lake Dam to the Badin Dam. This reach is not listed on the 303(d) list as impaired water. According to the March 2003 Yadkin -Pee Dee River Basinwide Water Quality management Plan this reach has been classed as supporting its designated uses. TOXICITY TESTING: Current Requirement: Recommended Requirement: N/A N/A COMPLIANCE SUMMARY: DMR data and correspondence for the past two years have been reviewed. With the available information it was concluded that this facility has no compliance issues. INSTREAM MONITORING: This facility is not required to perform any instream monitoring. PROPOSED CHANGES: None PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: Permit Scheduled to Issue: STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Michael Myers at (919) 733-5038 ext. 508. REGIONAL OFFICE COMMENT: This is a minor permit renewal therefore the regional office comments will be solicited during the public comment period. Copies of the following are attached to provide further information on the permit development: • Draft Permit NPDES Recommendation by: aav Signature 11/?il "3 Date Regional Office Comments Regional Recommendation by: Signature Date Reviewed and accepted by: Regional Supervisor: Signature Date NPDES Unit Supervisor: Signature Date State of North Carolina • Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director January 26, 2001 Mr. William L. McCaskill c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 AVAA. NCDENR NORTH CAROLINA DEPARTMENT OF ENVIROM 5 ,I,FURAL RESOURCES GINVMONMENT, HEALTH. NATURAL RESOURCES FEB 2 2001 WilSIOA OF Milian:2M NAFiA8EJEJ gatltaFNDIE (1.M8L OItra Subject: NPDES Permit Modification Permit No. NC0076775 Falls Powerhouse Stanly County Dear Mr. McCaskill: The Division issued NPDES permit NC0076775 to the Yadkin Inc. on May 30, 2000. The Division has reviewed your request for permit modification at the subject facility. Specifically, you requested removal of the limit for pH. The basis for the request was that dam seepage through the walls of the powerhouse collected in the sump drain and that this water possessed elevated pH levels. The high pH in the dam seepage water cannot be controlled by Yadkin Inc. and causes the effluent to exceed the limit. An attempt to correct the problem, via steam cleaning the walls, has had no success, therefore Yadkin Inc. requested that the pH limit be removed. The general permit for hydroelectric facilities does allow a waiver of the pH limit for dam seepage water. Therefore, In accordance with your permit modification request, the Division is forwarding herewith a modification to the subject permit. The revised page should be inserted into your permit. The old page may then be discarded. 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 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 a written petition conforming to Chapter 150B of the North Carolina General Statutes, 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. 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 @ http://h2o.enr.state.nc.us/NPDES NPDES Permit: NC0076775 Page 2 If you have any questions concerning this permit modification, please contact Michael Myers at (919) 733-5083, extension 508. Sincerely, An" err T. Stevens cc: Central Files Mooresville Regional Office, Water Quality Section Point Source Compliance Enforcement Unit NPDES Unit A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0076775 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 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT; CHARACTERISTICS; DISCHARGE LIMITATIONS MONITORING REQUIREMENTS. Monthly Average Weekly Average Daily Maximum. Effluent °Measureinen Frequency ample Type; Flow Annual Estimate Oil and Grease' pH2 15 mg/I 20 mg/l Annual Annual Grab Grab NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skinuner. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a snap indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. Alcoa Inc. ignaNIVERONTBARNT, EizAt d l 6 NATURAL R]OU OCT 2000 October 20 State of North Carolina Department of Environment and Natural Resources Division of Water Quality 919 North Main Street Mooresville, North Carolina 28115 ernSIUFI U L IGQtJEllii3�l E1llfi?� .".9k 1J R 6iLli . GAN CERTIFIED MAIL RETURN RECEIPT REQUESTED 0214 6362 Attention: D. Rex Gleason, P.E. RE. VIOLATION OF pH LIMIT - YADKIN FALLS DAM - NPDES PERMIT NO. NC0076775 Gentlemen: As a follow-up to my phone conversation with Mr. Mike Parker of the Mooresville Regional Office on 2000 October 19, on behalf of Yadkin, Inc, Alcoa is providing the Division of Water Quality with this letter to report a violation of the pH limit for Outfall 007. The problem was discovered during the initial round of NPDES monitoring which was being conducted under the recently renewed Yadkin Falls NPDES permit which became effective 7/1/00. At 9:23 on 10/19/00, a pH measurement of 9.4 pH units was recorded for Outfall 007. The subsequent investigation has revealed that the source of the problem is attributable to water seepage from the walls inside the Powerhouse which are leaching lime and calcium from the concrete and mortar used in the construction of the walls of the building. The wall seepage is collected throughout the Powerhouse in a system of small floor troughs which carry the low volume of alkaline seepage water to the basement sump which then discharges the water through Outfall 007. In an effort to attempt to correct the problem, Yadkin is planning on powerwashing the system of troughs and the sump to attempt to remove as much of the calcium and lime residue as possible. Once this is completed, we will take additional pH measurements to verify what effect this has on the situation. At this point, based on this new discovery during the initial round of monitoring, and the fact that we are not sure how this approach will effect the long term nature of the problem, we would ask that the agency realize that the nature of the problem may require further discussion regarding this recently issued permit to assist us in determining what other alternatives there may be for addressing the situation which currently exists. Very Truly Yours, William L. McCaskill Senior Environmental Specialist Alcoa - Badin Works e:mail B. A. Cox S. H. Myers B. J. Polk J. D. Morton - PGH 19AB K.G. Hunsucker G. J. Ott J. A. Lease cc: Dave Goodrich — DWQ Raleigh \\BADSERVICES\MCCASWL$\WINWORD\ENVIRON\WATER\N.C.DIVISION OF WATER QUALITY\FALLS PH VIOLATION.DOC i P.O. Box 576 Badin, North Carolina 28009 USA State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 30, 2000 Mr. William L. McCaskill c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 AVA NCDENR VW, D ., genRONTIMErg, yiltiztra ID NATURAL RZSIOURCE9 JUN 2 2000 Subject: NPDES Permit Issuance Permit No. NC0076775 Falls Powerhouse Stanly County Dear Mr. McCaskill: The Division has modified the permit in accordance with the May 2, 2000, settlement meeting. The changes include modification of the sampling frequency to require annual monitoring. As discussed at the meeting samples may be obtained anytime during the calendar year, with the Discharge Monitoring Report (DMR) due every year on January 30th for the previous years monitoring. Attached is the NPDES permit No NC0076775 issued May 30, 2000. 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. Please take notice that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement 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 government permit that may be required. If you have any questions concerning this permit, please contact Mr. Michael Myers at telephone number (919) 733-5083, extension 508. Sincerely, Original Signed By David A. Goodrich Kerr T. Stevens cc: MooresvilleRegional Office - Water Quality_Se_ctionl Central Files NPDES Files Point Source Compliance/Enforcement Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ Permit No. NC0076775 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, Yadkin, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective July 1, 2000. This permit and authorization to discharge shall expire at midnight on January 31, 2004. Signed this day May 30, 2000. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0076775 SUPPLEMENT TO PERMIT COVER SHEET Yadkin, Inc. is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County, and Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV and B CA waters in the Yadkin -Pee Dee River Basin. 411 Facility Information Latitude: Longitude: Quad #: Stream Class: Receiving Stream: Permitted Flow: 35°23'44" 80°04'34" F18NE WS-IV and B Yadkin Inc. N/A Sub -Basin: 03-07-08 1 / 1 Facility Location Yadkin Inc. NC0076775 Falls Powerhouse A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Effluent Measurement Frequency Sample Type Sample Location* Flow (MGD) Annual Estimate E Temperature I ` 1 Annual Grab 1 pH2 2 2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permitter is authorized to discharge from outfall(s) serial number 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Effluent Measurement Frequency Sample Type Sample Location* Flow Annual Estimate E Oil and Grease' 15 mg/l 20 mg/I Annual Grab E pH2 Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`11 following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. 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 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 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 discharge's sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 1 of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a . The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part 1 of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is .the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part 1 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). 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 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 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 II, C-4) and "Power Failures" (Part 11, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. 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 II 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 Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed, as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false . information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. 'The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. J The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 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 allowany 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 II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal 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 shallnot 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. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; - c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REOUIREMENTS I. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 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"; (I) 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-methy1-4.6-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. 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:. ATA NCDENR JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE January 5, 2000 Mr. William McCaskill Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 Permit No. NC0081931 High Rock Pwrhouse NC0081949 Tuckertown Pwrhouse FSEI7:617 -5:l alils Pa 015—ous:e Rowan County, NC Dear Mr. McCaskill: Our records indicate that NPDES Permit No. NC0081931, NC0081949, & NC0076775 was issued on December 23, 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. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. McCaskill January 5, 2000 Page 2 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, expansion and/or upgrading of wastewater treatment facilitiesmust 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 the Division of Water Quality 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 of you have any questions or need clarification. We look forward to providing any assistance. Sincerely, { D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure DRG:de State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 23, 1999 Mr. William L. McCaskill c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 AvAN/a6 NCDENR Ott 15Z7T. mai & NATURALR�URCB JAN 4 2000 MNS(ON OF MIThigiENT4L 8ANASEMEgr bQOAESU(!iE REN AI OFFICE Subject: Permit No. NC0076775 Falls Powerhouse Stanly County Dear Mr. McCaskill: The Division has reviewed the Yadkin Inc. comments of October 17, 1999 in response to their draft NPDES permit. The Division has considered the concerns raised and has modified the permit in accordance with current Division policy, all responses to concerns and revisions made to draft permit, NC0076775, are explained below: Comment #1: Clarification of the pH monitoring requirement, since Yadkin Inc. does not add any chemical additives to the source water. Response: The hydrogen ion content of water is considered a generic measurement of water quality and as such is included as a condition of the general permit for hydroelectric facilities. Since the conditions of the general permit are considered minimum requirements, the semi-annual monitoring of pH, for outfalls 001, 002, 003, 004, and 005 and the quarterly monitoring of outfall 007, will remain as a condition for this permit. Comment #2: Clarification of the temperature monitoring requirement. The maximum temperature change across the generator is 25 °C with a the ratio of cooling water discharge to generator discharge of 1:30,000. Therefore, the worst case temperature rise of the Yadkin River due to cooling water discharge would be 0.0083 °C, assuming an ambient water temperature of 20 °C. Response: As with pH, temperature is considered a generic measurement of water quality and as such is included as a condition of the general permit for hydroelectric facilities. Since the conditions of the general permit are considered minimum requirements, the semi-annual monitoring of temperature will remain as a condition for this permit. Comment #3: Yadkin Inc. request that Discharge Monitoring Reports (DMR) submittal be waived. Response: Since Yadkin, Inc. request coverage under an individual NPDES permit, DMR reporting is required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ Yadkin, Inc. Permit No. NC0076775 Falls Powerhouse Page 2 Comment #4: Since it is impractical to obtain samples at the point of discharge, Yadkin Inc. request approval for sampling at the closest point to discharge where a representative sample can practically be obtained. ReSpoi se,"...T13e Division agrees that this is a reasonable request and has included the phrase, "E — ".Effluent or the point closest to discharge where a representative sample of the discharge can feasibly be r#" 'obtained." to allow for sampling at the sump upstream of the discharge. Comment #5: The cover letter states that the pH limitation will include the phrase "unless ambient river conditions prevent compliance with this range", however this phrase does not appear in the pH footnote. Response:' The phrase "unless ambient river conditions prevent compliance with this range" has been inserted into Note 2 on the Effluent Limitations and Monitoring Requirement page. Comment #6: The fact sheet notes that the "facility is not required to perform any instream monitoring". If the boiler plate language relating to increases in stream temperature cannot be removed from the Effluent Limitations and Monitoring, Requirements page, then this same statement needs to be reflected on the Effluent Limitations and Monitoring page as a footnote. Response: The temperature footnote contained in the permit is reflective of the water quality standard for temperature as contained in the 02B .0200 rules. Therefore, a discharge cannot raise the temperature of the receiving stream by more than 2.8 °C or cause the receiving stream to exceed 32°C (for lower piedmont and coastal plain waters) even if temperature is not specifically addressed in the conditions of the permit. Though the temperature footnote will remain in the permit, the intent of this limitation is not to require instream monitoring of temperature for reporting purposes. Comment #7: Clarification of BMPs related to the changing of oil absorbent pads on a quarterly basis. Yadkin Inc. does not utilitize oil absorbent pads for the sumps. Instead Yadkin Inc. uses a rope skimmer type oil water separator. Response: Since oil absorbent pads are not utilized at this facility the BMP language has been altered to better reflect the current operations at this facility. BMPs for the rope skimmer type oil/water separator will remain as a condition of the permit. Comment #8 and #9: Yadkin Inc. request that note #1 on the A(2) Effluent Limitations and Monitoring Requirement page be changed to "The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer." Additionally, Yadkin Inc. request that note #1 on the A(2) Effluent Limitations and Monitoring Requirement page be replaced with language that requires the tailrace inspections to be logged in the operating log instead of on the DMRs. Response: The Division recognizes Yadkin Inc.'s concern with the liability of the language contained in the draft permit and has no objection to the proposed language, however in order to assure the availability of data, the footnote has been modified as follows: "The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request." Yadkin, Inc. Permit No. NC0076775 Falls Powerhouse Page 3 Comment #10: Yadkin request that the `Boiler Plate" language related to the discharge of floating solids or visible foam be removed from the Effluent Limitations and Monitoring Requirements page. Foam is not uncommon on the downstream side of the hydroelectric plant, however this foam is due to turbulence and surfactants or other foam causing agents present in the ambient river water. Response: The Division agrees that Yadkin Inc. cannot control the characteristics of the influent ambient river water, therefore the phrase "unless ambient river conditions prevent compliance" has been added to the language. Comment #11: Effluent Limitations and Monitoring Requirements page for outfalls 001, 002, 003, 004, and 005: The monitoring frequency for these outfalls is semi-annual, however the reporting frequency is quarterly. Yadkin Inc. request that the reporting frequency mirror the monitoring frequency for these outfalls. Response: The quarterly monitoring frequencies for these outfalls were placed in the draft permit in order to maintain consistency throughout the permit. This was done as a matter of convenience to the Division and the permittee. However, the Division recognizes the permittee's concerns over the liability of this requirement and has changed the reporting requirement to mirror the monitoring frequencies. Attached is the NPDES permit No. NCD076775 issued December 23, 1999. 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. Please take notice that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement 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 government permit that may be required. 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 a written petition conforming to chapter 150B of the North Carolina General Statutes, 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 permit, please contact Mr. Michael Myers at telephone number (919) 733-5083, extension 508. ? kii i' Signed By Qavid A. Goodrich Kerr T. Stevens cc: .o.o dsviflil'e e�� ioonalWan' Sgairitri Central Files NPDES Files Point Source Compliance/Enforcement Unit Permit No. NC0076775 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, Yadkin, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2000. This permit and authorization to discharge shall expire at midnight on January 31, 2004. Signed this day December 23, 1999. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Facility Information Laitude: :35 23 :14" Sub-13nsin: 03-07-08 Lolgihule: 80` 01' :34" QleulIt: PISNE Strrcun (;lass: WS-IV and 13 livcciving 5l.c ':un: 1':II in Inc. I'c'nnittcd hlccw: \/:1 Yadkin In •. Nl'Un7r77 5 '•'dl< IIlw,iivnw• A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FiNAL During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall he limited and monitored by the Permittee as specified below: Permit No. NC0076775 EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Effluent Measurement Frequency Sample Type Sample Location* Flow (MGD) Semi -Annually Estimate _ E Temperature' I I Semi-annually Grab 1 pH2 2 2 Semi-annually Grab E NOTES: Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly he obtained. The temperature of the effluent will he regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may he obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the previous semi-annual period shall he recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 30'1' day following the completed reporting period. The first DMR is due on the 30" day of the month following the calendar semi-annual period in which this permit was issued. There shall he no discharge of Iloating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Pernlittee is authorized to discharge from outfall(s) serial number 007 — Sump Drain. Such discharges shall be limited and monitored by the Pernlittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Effluent Measurement Frequency Sample Type Sample Location* Flow l Quarterly Estimate E Oil and Grease' 15 mg/I 20 nlg/I Quarterly Grab E pH- Quarterly Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units. unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall he inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Pennittee wish to change solvents, a written request should he made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 30'11 day following the completed reporting period. The first DMR is due on the 30'h day of the month following the calendar quarter in which the permit was issued. The permittee shall confirm in writing that BMPs have been employed as specified in this permit with DMR submitted. There shall he no discharge of floating solids or visible foam (other than trace amounts) in the effluent. unless ambient river conditions prevent compliance. 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 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 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 daythe 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. 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. g• 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). 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)1 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 § 143-215.6AJ 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 11 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 II, C-4) and "Power Failures' (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 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 II 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 Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or. supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons 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. 1 The conditions, requirements, terms, and provisions•of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (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. 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 basedpermit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. - In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal 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 dilutedby 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%a 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. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 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 anew source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the, application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other. .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, theresults 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/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART 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. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 8, 1999 Mr. B. Julian Polk, P.E. c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 AVA NCDENR Subject: Permit No. NC0076775 Falls Powerhouse Stanly County Dear Mr. Polk: Please find enclosed the draft permit for the Falls Hydroelectric Powerhouse facility for your review and comment. The draft permit includes the following items: • Temperature monitoring and limits have been implemented and the words "due to facility operation" have been included in the footnote. • Limits and monitoring requirements have been set for oil and grease. The footnote requires the tailrace be visually inspected at least once per quarter or when, lubrication occurs and that best management practices be employed. The pH limitation includes the words "unless ambient river conditions prevent compliance with this range." • Language concerning quarterly DMR submission is specified on the effluent pages. For any outfalls requiring only semi-annual monitoring, the language is the same to maintain reporting frequencies consistently throughout the permit. • Total residual chlorine monitoring has been eliminated, since chlorine is not utilized at this facility. • The footnote prohibiting the addition of chromium, copper, or zinc to the discharge has been removed, as this condition has been adequately addressed in the requirement to notify the Division of any additives possibly toxic to aquatic life. • BMPs include the changing of the oil absorbent pads quarterly and routine cleaning of the sediment in the bottom of the sump. • Chemical wheel pit cleaning is permitted on a monthly basis with pre -approved solvents. In response to Yadkin Inc.'s request: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ Yadkin, Inc. Permit No. NC0076775 Falls Powerhouse Page 2 The Division has considered your request for BMPs for all permitted outfalls. Though it is the Division policy to encourage the use of BMPs we can not at this time grant your request. As I am sure you are aware your facility is eligible for coverage under general permit NCG500000, however, Yadkin Inc. has requested an individual permit. For those hydroelectric facilities requesting individual permits in lieu of coverage under general permit NCG500000, it is the Division's intent to permit these facilities consistently. Therefore, the Division has used the permit requirements contained in the general permit as a guide in issuing all individual permits for hydroelectric facilities statewide. The "boilerplate" language is considered standard conditions and cannot be changed to represent individual facilities. The requirement to include standard permit conditions verbatim or by reference is stipulated in 40 CFR 122.43. Language is interpreted appropriately for each facility. Please provide any comments you have regarding this draft permit to DENR — DWQ NPDES Unit no later than October 22, 1999. Concurrent with this notification, the Division is also publishing a notice in the newspapers having general circulation in the Stanly county area, soliciting public comment on the draft permit. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuance of the final permit. If you have any questions concerning the draft permit for your facility, please call me at (919) 733-5083, extension 508. Sincerely, Michael J. Myers, MS E NPDES Unit cc: Michael Parker - Mooresville Regional Office / Water Quality Section Central Files NPDES Files Permit No. NC0076775 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WAVER QUALITY PERMIT TO DISCHARGE WASTEWA'l'bR 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, Yadkin, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 souteast of Badin, NC Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on January 31, 2004. Signed this day ES\ A\\ j \ 1 f I� i v \! , Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission II SUPPLEMENT TO PERMIT COVER SHEET Yadkin, Inc. is hereby authorized to: Permit No. NC0076775 1. Continue to discharge once -through cooling water from outfalls 001, 002, 003, 004, and 005 and water from a sump drain (Outfall 007) located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County, and 2. Discharge .from said treatment works at the 1oc�trro, River which IS classified as class WS-IV and B specified aters in the • bn the attached map into the Yadkin Yadkin -Pee Dee River Basin. SCALE 1:24 000 iwu A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT QHARACTERISTICS" :a DISCHARGE LIIM.,..ITATIONS. _ 1VIONITORING.REQUIREMENTS ... Monthly ; , Average ;.. . eekl '.: Averae VVy g ,Daily. Maxiiriutm Effluent `IVleasiit e3�ient ,_._ • . Ftequency, . Sample . Type Sample Location* Flow (MGD) Semi -Annually Estimate E P+..--.._.r._ ._ __..,._____ Tem rature 1. ._ ,:__... 1 _ _ Semi-annually i...... __ .._._ Grab ._. .__._._ IE N ` i / J \ 2 L _ _ E pH2 ------ -.ice 2 ---` Semi=annually Grab; No-rEs: 1 2 wil -be-regulatedZso that the ternp'erathre of the\receiving stream does -not -increase by more than no ase should the receiving strehm temperature exceed 32 °C due to the facility's operation. The Permittee shall obtain.ad. tliorization from the Division prior to t)le use of! any chemical additive in the di chargL._the permittee shall notify the Directoq_in.» riling at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. 2.8 C above the S ple Location: E ' Effuent The temperature of t'he effluen natural water temperature. In The pH shall not be•Iess�tlian 6.0 standa d units nor grea ea 9.0 stann dard units. Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the 30th day of the month following the calendar quarter in which the permit was issued. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0076775 " 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 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS ; „ . DISCHARGE: LIMITATIO_ NS ,.. l�IONITQRING.REQUIREMENTS. ..:_. Sample .__ ..TYp e.. , _ ,. ..... .. Sanjple . `hLocatiOil' Monthly Average.: Weekly Average. ._ Daily_ 1Vlaxi01m _ Effluent lVMeasurement ...Fre„ ue__.nc Y..« Flow Quarterly Estimate E Oil and Grease .� 15 mg/'1```---, / 20 mg/I Quarterly 1 ( Grab E ; / f , p ..— H2 Quarterly Grab E NoTEs: Sa --....,,,_ / \ 1 The tai race shall be visual] inspected r oil sheen when`' isch rge occurs it ediately after the lubrication of wick the diso arge of oil and gr ase)l Regar less bf lubrication S�tivitib the tailr ce shall be inspected\at le�ast once i qus co duc ed shall confirmed in Writing on the Discharge Monitor g Report,(rbM ) form. 2. The_pH_shall_not-be-less than 6.0 standa d_u its or greater than 9.O.stanrd_uits. nple Locations: E — Effluent t gates (or other lubrication operations which might result in rter at this facility. Confirmation that a visual inspection was Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, changing oil absorbent pads quarterly and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 30`h day following the completed reporting period. The first DMR is due on the 30`h day of the month following the calendar quarter in which the permit was issued. The permittee shall confirm in writing that BMPs have been employed as specified in this permit with DMR submitted. There shall be no discharge of floating solids or visible foam in the effluent other than in trace amounts. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0076775 Facility Information Applicant/Facility Name: Yadkin, Inc. /Falls Powerhouse • Applicant Address: PO Box 576, Badin, NC 28009-0576 Facility Address: End of NCSR 1727 southeast of Badin, NC Permitted Flow N/A — Daily Average —1,383,120 gpd Type of Waste: Once though cooling water and sump discharges. Facility/Permit:Status: Renewal County: Stanly Miscellaneous Receiving Stream: Yadkin River -Regional Office: Mooresville Stream 'Classification: WS-IV & B CA USGS Topo Quad: F 18 NE 303(d) Listed?: NO Permit Writer: Michael Myers .Subbasin: 03-07-08 Date: _ August 26,1999 Drainage Area (mi2): 4125 Summer 7Q10 (cfs) 1400 Winter 7Q 10 (cfs): 1400 Average Flow °(cfs): 1400 IWC "(%): Primary ".SIC Code: 4911 SUMMARY This facility maintains 6 outfalls (001, 002, 003, 004, 005 and 007) With the exception of outfall 007 (sump drain) the source of water for the other outfalls is once through cooling water. The old permit stipulates that outfalls 001 through 005 monitor (with no limits) flow, temperature and total residual chlorine with no discharge monitoring report is required because of the use of BMP's. Yadkin Inc. has requested that monitoring be replace by implementation of BMP's. Additionally Yadkin, Inc requested that the pH and temperature "Boiler Plate" language be excluded from the permit. This plant is eligible for coverage under general permit NCG50000, however, they choose to use the individual permit because the general permit does not provide a provision for BMP practices in lieu of monitoring. In the next renewal of the general permit the viability of providing such a provision into the permit should be examined. DWQ's goal for those hydroelectric facilities that request an individual permit instead of an asking for coverage under the general permit is consistency. Therefore, permit NC0027332 and general permit NCG500000 were used in developing this draft permit for the hydroelectric plants owned by Yadkin, Inc. in the Yadkin River basin. The receiving stream (Yadkin River) is classified as WS-IV and B CA waters from Badin Dam to a point 0.5 miles upstream of Falls Dam. This reach is not listed on the 303(d) list as impaired water. According to the May 1998 Yadkin -Pee Dee River Basinwide Water Quality management Plan this reach has been classed as supporting its designated uses. TOXICITY TESTING: Current Requirement: N/A Recommended Requirement: N/A COMPLIANCE SUMMARY: To date this facility has not been required to submit Discharge Monitoring Reports (DMR) because of the implementation of Best Management Practices. However a historical review of inspection reports was Yadkin.Inc. — Falls Hydroelectric Powerhouse Fact Sheet NPDES Renewal Page 1 conducted and Mike Parker (Mooresville Regional Office) was contacted regarding compliance issues. With the available information it was concluded that this facility has no compliance issues. INSTREAM MONITORING: This facility is not required to perform any instream monitoring. PROPOSED CHANGES: Outfall 007 - Permit limits will be applied to the sump drain outfall 007 for oil and grease. Additionally, monitoring will be required for flow, oil and grease, and pH, with quarterly reporting requirements, as outlined on the Effluent Limitations page. Outfalls 001, 002, 003, 004, and 005 — Monitoring and/or limits have been set for flow and temperature as outlined on the Effluents Limitations page. DMR submittal - DMRs will need to be submitted quarterly for all outfalls. Total .Residual Chloride (TRC) - Total residual chlorine monitoring will be removed from the permit, since chlorine is not utilities at this facility. Chromium, zinc, and cooper restriction - The chromium, zinc, and copper excerpt will be excluded since this is adequately addressed in the notification requirement if any toxicants are to be added. Temperature - Temperature requirement will reflect the situation if natural conditions raise the ambient temp above 32°C. Tailrace clause — The tailrace clause requiring inspection has been reworded to ensure inspection at least quarterly and after lubrication activities at the facility. Chemical and Mechanical Sump Cleaning Clauses — Though this may not be applicable to this facility it has been included to ensure that this facility is consistent with other hydroelectric facilities across the state. PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: Permit Scheduled to Issue: STA1k, CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Michael Myers at (919) 733-5038 ext. 508. REGIONAL OFFICE COMMENT: This is a minor permit renewal therefore the regional office comments will be solicited during the public comment period. Copies of the following are attached to provide further information on the peiuut development: • Reasonable Potential Analysis (majors only) • Existing permit effluent sheets with changes noted (existing facilities only) • Draft Permit NPDES Recommendation by: Signatu Date Yadkin.Inc. - Falls Hydroelectric Powerhouse Fact Sheet NPDES Renewal Page 2 Regional Office Comments • Regional Recommendation by: Signature Date Reviewed and accepted by: Regional Supervisor: Signature Date NPDES Unit Supervisor: Signature Date Yadkin.Inc. — Falls Hydroelectric Powerhouse Fact Sheet NPDES Renewal Page 3 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge cooling waters from outfall(s) serial number 001, 002, 003, 004 and 005. Such discharges shall be limited and monitored by the permittee as specified below: ' Effluent Characteristics Flow Temperature Total Residual Chlorine Discharge Limitations Monitoring Requirements �bs/day Units (specifyl Measurement Sample "Sample Mon. Avg., Daily Mx Mon. Avg, Daily Max. Frequency Type Location THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES TO I3IOCIDAL COMPOUNDS. ** 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 32°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. '16 Sz100 S31IJ 114-11N�0 ao:14 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0076775 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 007 - Sump Drain. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specifyl Measurement Sample *Sample Mon. Avg, Daily Max Mon. Avg, Daily Max. Frequency Type Location *Sample locations: E - Effluent, I - Influent BMP Conditions: 1. Check weekly the rope skimmer oillwater separator to insure proper operation. 2. Clean out the accumulated sediment in bottom of sumps at a minimum on an annual basis. Documentation shall be kept on record for a period of three years of the activities maintanance taken and the date upon which such action was taken. There shall be no discharge of floating solids or visible foam in other than trace amounts. ti6 S100 S7 it 1 TVW.P:1JJ 1.fl 0J3tl. To: Permits and Engineering Unit Water Quality Section Attention: Sean Goris SOC Priority Project: No Date: June 4, 1999 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0076775 MRO No.: 99-62 PART I - GENERAL INFORMATION 1. Facility and Address: Falls Powerhouse c/o Yadkin, Inc. Post Office Box 576 Badin, N.C. 28009 2. Date of Investigation: May 27, 1999 3. Report Prepared By: Michael L. Parker, Environ. Engr. II 4. Person Contacted and Telephone Number: Mr. Ronnie Pickier, (704) 422-5637 5. Directions to Site: From the jct. of Hwy. 740 and SR 1719 (Falls Road) in the Town of Badin, travel east on SR 1719 to the end of the road (the road changes to SR 1727). The Falls Powerhouse is located at the end of SR 1727. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35 ° 23' 44" Longitude: 80° 04' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7 Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. Page Two 9. Location of Nearest Dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. 10. Receiving Stream or Affected Surface Waters: Yadkin River a. Classification: WS-IV and B b. River Basin and Subbasin No.: Yadkin 03-07-08 c. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PARTH - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: (MGD) Outfalls 001. 003, and 005 002 & 004 007 0.432 0.0432 0.00072 Outfall 001, 003, and 005: Outfall 002 and 004: Outfall 007: Generator cooling water. Thrust bearing cooling water. Powerhouse floor drains, wheelpit drains, oil & sludge skimmer. b. Current permitted capacity: N/A c. Actual treatment capacity: N/A d. Description of existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. e. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Residuals handling and disposal scheme: There are no residuals generated. 3. Treatment Plant Classification: This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): 48 MTU Code(s): N/A Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Yadkin, Inc. (a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as Falls Powerhouse, which generates hydroelectric power used in ALCOA's aluminum manufacturing process. Complex electrical generation machinery exists at this facility that requires cooling water during operation. issued. There have been no changes and/or modificationsto this facility since the Permit was last It is recommended that an NPDES Permit be renewed as requested. Signature of Report Preparer Water Quality Regional Supe h:\dsr\dsr99\fallsdam.dsr or Date Date Yadkin„Inc. Hydro permits Subject: Yadkin, Inc. Hydro permits TO, Date: Thu, 11 Mar 1999 14:44:18 -0500 From: Charles Weaver <charles_weaver@h2o.enr.state.nc.us> To: ronnie.pickler@alcoa.com, Bethany Bolt <bethany_bolt@h2o.enr.state.nc.us> Ronnie, the NPDES Unit received the permit renewal applications for the following Yadkin, Inc., hydro plants on March 4, 1999: C.NC007.67.75dF_ails Powerhouse,? NC0081931 - High Rock Powerhouse NC0081949 - Tuckertown Powerhouse NC0081957 - Narrows Powerhouse These permit renewals will be handled by Bethany Bolt of the NPDES Unit. I'm sad to inform you that we have lost several staff members in the past few months - the NPDES Unit now has five vacant positions. This staff shortage is causing delays in our processing of permit renewals. Our remaining staff are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan reviews 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 the four permits listed above, the existing requirements in the permits will remain in effect until the permits are renewed (or other action is taken by the Division). We appreciate your patience and understanding as our remaining staff performs what tasks it can. If you have any questions about your permits (or the permit renewal process in general), simply reply to this e-mail. You can also e-mail Bethany at the address in the header of this message. Sincerely, Charles H. Weaver, Jr. NPDES Unit 4. WAIF 1 of 1 3/11/99 2:44 PM NPDES PERMIT APPLICATION - SHORT FORM C To be filed only by persons engaged in manufacturing and mining N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit P. O. Box 29535, Raleigh, NC 27626-0535 North Carolina NPDES Permit Number (if known) NCOO 76775 1. Applicant and facility producing discharge A. Name FALLS POWERHOUSE B. Mailing address of applicant: C/O YADKIN, INC. 1. Street address P.O. BOX 576 2. City BADIN 3. County STANLY 4. State NC 5. Zip Code 28009 C. Location of facility: 1. Street END OF NCSR 1727 2. City BADIN 3. County STANLY 4. State NC 5. Zip Code 28009 D. Telephone Number (704 ) 422-5637 E. Fax Number (704) 422-5776 F. e-mail address RONNIE.PICKLER@ALCOA.COM 2. Standard Industrial Classification (SIC) code(s): 4911 3. Number of employees: 20 4. Principal product(s) produced: ELECTRICITY Principal raw material(s) consumed: 5. Principal process(es): HYDROELECTRIC GENERATION 6. Amount of principal product produced or raw material consumed (List specific amounts consumed and/or units of production) . {' .) cr; Product Produced or Raw Material Consumed (AVERAGE) Product Produced or Raw Material Consumed (PEAK) per Day 387 MEGAWATT HOURS 32 MEGAWATT HOURS per Month per Year 7. (a) Check here if discharge occurs all year X, or (b) Circle the month(s) in which discharge occurs: January February March April May June July August September October November December (c) Days per week discharge occurs: SEVEN NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. Page 1 of 2 Version 9-97 NPDES PERMIT APPLICATION - SHORT FORM C To be filed only by persons engaged in manufacturing and mining 8. 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 Cooling water, etc. - daily average 1,383,120 0 Process water - daily average Maximum per operating day for total discharge (all types) 1,383,120 0 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: 6 (SIX)) 11. Name of receiving water(s): YADKIN RIVER 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel 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. B. JULIAN POLK VICE PRESIDENT Printed name of Person Signing Title Sig ure of Applicant 01/14/99 Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 2 of 2 Version 9-97 Powerhouse Floor Drains FALLS POWERHOUSE NPDES PERMIT NO. NC0076775 Yadkin River FALLS Unit One Scroll Case FALLS Unit Two Scroll Case FALLS Unit Three Scroll Case Units 1,2, and 3 Unit One Unit Two Unit Two Unit Three Unit Three Wheelpits Generator Thrust Bearing Generator Thrust Bearing Generator Drainage Cooling Water Cooling Water Cooling Water Cooling Water Cooling Water 432,000 Gal/Day 43,200 Gal/Day 432,000 Gal/Day 43,200 Gal/Day 432,000 Gal/Day Oil and Sludge Skimmer 720 Gal/Day Outfa I # 007 Outfall # 005 Outfa I # 004 Outfall # 003 Outfall # 002 Outfal # 001 Into Yadkin Into Yadkin Into Yadkin Into Yadkin Into Yadkin Into Yadkin River River River River River River Unit One Generator Discharge per 24 Hrs. 1,551,225,600 Gals. Unit Two Generator Discharge per 24 Hrs. 1,712,880,000 Gals. Unit Three Generator Discharge per 24 Hrs. 1,712,880,000 Gals. 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 January 13, 1999 Richard S. Hartsock Yadkin, Inc. P.O. Box 576 Badin, NC 28009 4617A wilfr NC DENR • Subject: Renewal of NPDES Permit NC0076775 Falls Powerhouse Stanly County Dear Permittee: The subject permit expires on August 31, 1999. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 clays prior to the expiration date. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 1999. Failure to request renewal by March 4, 1999 will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 1999 (or if continuation of the permit is desired), the permit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after August 31, 1999 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. If all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the 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. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files ooresv lle Reg-ional O ice, Water Quality Section NPDES Unit 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 NC0076775 Yadkin, Inc. Stanly County The following items are REQUIRED for all renewal packages: A cover letter requesting the renewal and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.11.b. of the current NPDES permit). 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 item applies ONLY to Industrial facilities which discharge process wastewater : 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 (PPA) in accordance with 40 CFR Part 122.21. The PPA requirement does NOT apply to municipal or non -industrial facilities. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 Raleigh, North Carolina 27626-0535 'State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor /1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 21, 1994 David E. Jones Yadkin, Inc. PO Box 576 Badin, NC 28009-0576 .C. DEPT. OF EE 1--1 NIEETRAL R SOURCES nrr 25 1994 DIVISION OF ENVIRONMENTAL MANAGEMENT MOORESVILLE REGIONAL OFFICE Subject: Permit No. NC0076775 Falls Powerhouse Stanly County Dear Mr. Jones: The Division has reviewed the Yadkin, Inc. comments of August 16, 1994 in response to its draft NPDES permit. The Division has considered the concerns raised and has modified the permit in accordance with current Division policy, all responses to concerns and revisions made to the draft of this permit are explained below: ISSUE: Part III, Other Requirements (all concerns). RESPONSE: The "Part III, Other Requirements" appear in permits as standard "boiler plates" which vary depending upon the type of facility. The "boiler plate" which was included in your draft permit was apparently the type issued for municipal waste treatment systems. The correct "boiler plate" has been included in the issued permit for this facility Attached is NPDES Permit No. NC0076775 issued October 3, 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. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to, be followed in case of change in ownership or control of this discharge. 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 David E. Jones October 21, 1994 Page Two This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. cc: Mr. Jim Patrick, EPA .,s►rrihle�B naLraffice attachments Sincerel Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. r Permit No. NC0076775 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, Yadkin, Inc. is hereby authorized to discharge wastewater from a facility located at Falls Powerhouse at the end of NCSR 1727 - southeast of Badin Stanly County :toreceiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective December 1, 1994 This permit and the authorization to discharge shall expire at midnight on August 31, 1999 Signed this day October 21, 1994 Original Signed Qy David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0076775 SUPPLEMENT TO PERMIT COVER SHEET Yadkin, Inc. is hereby authorized to: 1. Continue to discharge cooling water from outfalls 001, 002, 003, 004 and 005 and water from a sump drain (outfall 007) located at Falls Powerhouse, at the end of NCSR 1727, southeast of Badin, Stanly County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Yadkin River which is classified Class WS-IV and B waters in the Yadkin -Pee Dee River Basin. pi A7,4:2 • 1', , 40.70--Afi11 • 1 1' (MORROW MOUNTAIN) 441 SE SCALE 1:24 000 741111111110WW ob. ap, A It7A70W' 2' 30' A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge cooling waters from outfall(s) serial number 001, 002, 003, 004 and 005. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow Temperature Total Residual Chlorine Discharge Limitations Monitoring Requirements Lbs/day Units (specifyl Measurement Sample *Sample Mon. Avg_ Daily Max Mon. Avg. Daily Max. Frequency Type Location THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. ** 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 32°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. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0076775 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 007 - Sump Drain. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbslday Units (specify) Measurement Sample *Sample Mon. Avg, Daily Max Mon. Avg. Daily Max. Frequency Type Location *Sample locations: E - Effluent, I - Influent BMP Conditions: 1. Check weekly the rope skimmer oil/water separator to insure proper operation. 2. Clean out the accumulated sediment in bottom of sumps at a minimum on an annual basis. Documentation shall be kept on record for a period of three years of the activities maintanance taken and the date upon which such action was taken. 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. 1. Perrnittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3 . No later than 14 caler:dar 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. DaINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended. 33 CSC 1251, et. seq. 5. MassfDav Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and'or measured during, a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during, the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 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. 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. g. Part II Page 3 of 14 7. Other\Ieasurements 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: (11 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 flov.w. 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 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Dav A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act. SECTION B. GEYER.kL CONDITIONS 1. D'm 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 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 S10.000 per violation with the maximum amount not to exceed S125,000. [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 S10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed S25,000. 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 S125,000. 2. putt to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities. or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills. even though the responsibility for effective compliance may be temporarily suspended. 5. 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. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying. revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request. copies of records required to be kept by this permit. Part II Page 6 of 14 9. Duty to Reapply_ If the perrittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration. or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports. or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manuf.:cturing production or operating facilities employing more than 250 persons or ha•.ing gross annual sales or expenditures exceeding 25 million (in second quarter 19S0 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 thepossibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws. rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. J The conditions. requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the_permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Pan 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 substantiar 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 (imitations. 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 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 canidentify 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 Statc. 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 perminee 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 perrnittee. shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2 Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 31 or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DN1R 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 discl,-,rge rates throughout the range of expected ‘• r 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 S10,000 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 S20,000 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 rsuits 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 REQUIRENIENTS 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. 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 newsource 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 perrnittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5 . Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Tv. ent -: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 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. Part II Page 14 of l4 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 a. ailable for public inspection at the offices of the Division of Environmental Management. As required b} 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 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 ac-ylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,.on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III Permit No. NC0076775 E. Biocide Condition The .permittee shall obtain authoriztion from the Division of Environmental Management 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 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. Concentrations of chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from the biocide worksheet Form 101 with Supplemental Metals Analysis worksheet. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 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. State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Linda Diane Long, Regional Manager Mr. David E. Jones Yadkin, Inc. Post Office Box 576 Badin, North Carolina Dear Mr. Jones: CoEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT October 27, 1994 28009-0576 Subject: NPDES Permit No. NC0076775 Falls Powerhouse Stanly County, NC Our records indicate that NPDES Permit No. NC0076775 was issued on October 21, 1994 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. David E. Jones Page Two October 26, 1994 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 transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, advise you of the importance of Permit and contact this Office you have any questions or need providing any assistance. Enclosure DRG:sl the purpose of this letter is to your NPDES Permit. Please read the at 704/663-1699 in Mooresville if clarification. We look forward to D. Rex Gleason, P. E. Water Quality Regional Supervisor r.% To: Permits and Engineering Unit Water Quality Section Attention: Sean Goris SOC.Priority Prbject: No Date: January 13, 1994 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0076775 MRO No.: 94-7 PART I - GENERAL INFORMATION 1 Facility and Address: Falls Powerhouse c/o Yadkin, Inc. Post Office Box 576 Badin, N.C. 28009 2. Date of Investigation: April 16, 1992 3. Report Prepared By: Michael L. Parker, Environ. Engr. II 4. Person Contacted and Telephone Number: Mr. David Jones, (704)422-5627. 5. Directions to Site: From the jct. of Hwy. 740 and SR 1719 (Falls Road) in the Town of Badin, travel east on SR 1719 to the end of the road (the road changes to SR 1727). The Falls Powerhouse is located at the end of SR 1727. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35` 23' 44" Longitude: 80* 04' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. 9. Location of Nearest Dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. ( a Page Two 10. Receiving Stream or Affected Surface Waters: Yadkin River a. Classification: WS-IV and B b. River Basin and Subbasin No.: Yadkin 03-07-08 c. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse PART LI - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: (MGD) Outfalls: 001 & 003 002 & 004 005 007 0.432 0.0432 0.4752 b. Current permitted capacity: N/A c. Actual treatment capacity: N/A 0.00072 d. Description of existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. P. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Residuals handling and disposal scheme: There are no residuals generated. 3. Treatment Plant Classification: This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): Primary: 48 Secondary: N/A 8. MTU Code(s): N/A PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No Page Three 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Yadkin, Inc. (a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as Falls Powerhouse, which generates hydroelectric power used in ALCOA's aluminum manufacturing process. Complex electrical generation machinery exists at this facility that requires cooling water during operation. There have been no changes and/or modifications to this facility since the Permit was last issued (12/23/92). It is recommended that an NPDES Permit be renewed as requested. Signature of Report Preparer Date Water Quality Regi al Supervisor Date ii S ; "Oil tistp,t4i (/, . Lofem .� (AIORRO I NTNN) SCALE 1:24 000 '86 ab• •J �. Div =- AN. TON.C.24ANO27 • L. \\kXState of North Carolina Department of Environment, Health and Natural Resources�`� AiA Division of Environmental Management cl James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 0.:ilf Mr. DAVID E. JONES FALLS POWERHOUSE P. O. BOX 576 BADIN, NC 28009 Dear Mr. JONES: December 20, 1993 T FiM1.111.1(11.1.11Skr. Or r �� 33EAL"1T1-I., JAN 0 61994 GIVISlOd 01 illica ,, rif. MPAGEMEE Rioto4ES`i UE I1Eii1O111 OFr10E Subject: Application No. NC0076775 HYDROELECTRIC GENERATION Stanly County The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials received on December 16, 1993. This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to Sean Goris for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommentations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. cc: mores; ;i11'e7Regoral[®�� glee Sincerely, K)t Coleen H. Sullins, P.E. Supervisor, Permits and Engineering Unit Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer knrrin.rm aarrprnl of prinr.ipal Irrnrlurl prrxlorr•rl or raw nrnlr•rinl row.roirr•rl, reported • -^ In Item /. above.. Is ■+easured In ((i'ea one): 1 'h A.0 pounds B.0 tons La barrels D.0 bushels E.O square feet F,o gallons G.o pieces or units 11.15 other, specify MEGAWATT HOURS 9. (a) Check here if discharge occurs all year 6, or (b) Check the month(s) discharge occurs: 1.O January 2.0 February 3.0 Marcn 4.0 Apri 1 7.0 July. 8.0 August 9.0 September 10.0 October. (c) Check how many days per week: 1.0 1 2.0 2-3 10. Types of waste water discharged to surface waters only (check as applicable) 5•13 MaY 6.0 June 11.0 November 12.0 December 3.0 4-5 44g6-7 Discharge per operating day F low, .gal Ions per operating day Volume treated before discharging (percent) 0.1-999 (1) 1000-4999 (2) 5000-9999 (3) 10,000- 49,999 (4) 50,000- or more (5) - None (6) 0.1- 29.9 (7) 30- 64.9 (8) _ 65- 94.9 (9) 95- 100 (10) A. Sanitary, daily average X % B. Cooling water, etc. daily average X X C. Process water, daily average ). Maximum per operat- ing day for total discharge (all types) % 11. If and c•f the three types of waste identified in 'tern 10.either treated or untreated. are discharged to places other than, surface water•,, rheck below as applicable. Waste water is discharged to: Average flaw, 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 sewer system B. Underground well C. Septic rani D. Evaporation lagoon or pond E. 0tner, specify 12. Number of separate discharge points: A.0 1 B.0 2-3 13. Name of receiving water or waters YADKIN RIVER 14. Does your discharge contain or is it possible for your d one or more of the following substances added as a resul activities, or processes: ammonia, cyanide. aluminum. be chromium, copper, lead, mercury. nickel, selenium, zinc, grease. and chlori'oe (residual). A. Qyes 8.0 no I certify that 1 am familiar with the information contained that to the best of my knowledge and belief such information accurate. DAVID E. JONES Printed Name of Person Signing DECEMBER 8, 1993 C.0 4-5 D.16 or more ischarge to contain t of your operations, ryllium, cadmium, phenols. oil and. in the application and is true, complete, and STAFF MECHANICAL ENGINEER - POWER Titl Date Application Signed Signature of Applicant North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article', or who falsifies, tampers with, or 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 Commissi implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment.not to exceed six months, or by both. (18 U.S.C. Section 1001 provi a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611 5. t. Principal process NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C To be filed only by persons engaged in manufacturing and mining Do not attempt to complete this form before reading Please print or type 1. Name, address, location, and telephone number of A. Name FALLS POWERHOUSE FOR AGENCY USE accompanying instructions facility producing discharge APPLICATION NUMBER Sul el0101 VIM 71) Is DATE RECEIVED 913I/,z1/16 YEAR MO. DAY Ck# 311s33 B. Mailing address c/o YADKIN, INC. 1. Street address P.O. BOX 576 2. City 4. County C. Location: 1. Street 2. City 4. State D. Telephone No. 2. SIC BADIN STANLY END OF NCSR 1727 3. State 5. ZIP NC 28009 N/A NORTH CAROLINA 704 422-5627 Area Code 3. County STANLY (Leave blank) 3. Number of empi•oyees 15 (TOTAL) FOR FOUR YADKIN DAMS 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 O 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 B. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5, State 6. ZIP 15Principal product. Craw material (Check one) ELECTRICITY HYDROELECTRIC GENERATION lea 7. Maximum amount of principal product produced or raw material consumed per Check on Basis Amount 1-99 (1) 100-199 (2) 200-499 (3) 500-999 (4) 1000- 4999 (5) 5000- 9999 • (6) 10,000- 49.999 - (7) 50,000 or more (8) A. Day 1 B. Month. C. Year PREVIOUS EDITION MAY BE USED UNTIL SUPPLY IS ERN•USTED r6PPi to. C. DEPT. OP NATURAL rti ' RESOURCES AND Ck.01' ;"/ COMMUNITY DEVELOPMENT `J JAN 2 1 1993 DIVISION OF ErvirioRIMAL kll 6EldERI MOORESiIE REGINtiAI OFFICE State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary. January 19, 1993 H. J. van der Meyden, P.G. Aluminum Company of America P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Meyden: Subject: NPDES Permit No. NC0076775 Falls Powerhouse Stanly County On December 23, 1992 the Division of Environmental Management issued NPDES Permit No. NC0076775 to Yadkin Inc. A review of the permit file has indicated that an error was inadvertently made in the permit. Accordingly, we are forwarding herewith modifications to the subject permit to correct the error. These permit modifications include the deletion of outfall 006 which discontunued its use in August 8, 1992. Please find enclosed the amended effluent pages which should be inserted into your permit. The old pages should be discarded. They should include outfalls 001, 002, 003, 004, 005 and 007. 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 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 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning these permit modifications, please contact Mr. Randy Kepler at telephone number 919/733-5083. cc. .Mr. Jim Patrick, EPA fMoo�resvile-'Regib aliafffice, Central Files Permits and Engineering Sinre7ly yours, lip.--- reston HJr. PE, Acting Director Division of Environmental Management Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge cooling waters from outfall(s) serial number 001, 002, 003, 004 and 005. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Temperature Total Residual Chlorine Discharge Limitation: Monitoring Requirements Lbs/da Units (specify Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avg. Daily Max, Frequency Type Location THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. ** 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 32°C. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing anybiocide 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. A. (). ENM.UENTLIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0076775 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 007 - Sump Drain. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Discharge LImitatloni Monitoring Requirements Lbs/day Units (specify Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avg. Daily Max. Frequency Type Location Sample locations: E - Effluent, I - Influent BMP Conditions: 1. Check weekly the rope skimmer oil/water separator to insure proper operation. 2. Clean out the accumulated sediment in bottom of sumps at a minimum on an annual basis. Documentation shall be kept on record for a period of three years of the activities maintanance taken and the date upon which such action was taken. There shall be no discharge of floating solids or visible foam in other than trace amounts. N. C. DEPT. OF NATURAL r; COMMUNITY;;Eir::E 4Ji'3?ANT JUN 2 % 1991 State of North Carolina Department of Environment, I-Iealth and Natural Rginiti•C;enr,,E: t,Tf,L : A,1t;1rEMENT Division of Environmental Management MOORESVILLE flEEIO,iijii OFFICE 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett, Ph.D William W. Cobcy, Jr., Secretary Mr. Conrad A. Carter, Jr., P.E. Environmental Protection Manager Aluminum Company of America Post Office Box 576 Badin, North Carolina 28009 June 26 1991 L" 1,0V Subject: emlit No. NC0076775 �x0) �r� +: n, • U� v� �'s Dear Mr. Carter: I 04- :y A letter of request fo • n Authorization to Construct was received. December 28, 1990 by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization) is eteby ranted for the construction of a 500 gpd wastewater treatment facility consisting of a ht�ic#na:® style wastewater treatment plant, a Serfilco Model PL640BFS-1 10 micron bag type effluent filter, a tablet type chlorinator, with discharge of treated wastewater into the Yadkin River classified B & WS-III waters. Director Authorization to onstruct Falls Power Plant Wastewater Treatment Facility Stanly County This Authorization to Construct is issued in accordance with Part III paragraph B of NPDES Permit No. NC0076775 issued May 17, 1990 and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0076775. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-21.5.1 and in a manner approved by the North Carolina Division of Environmental Management. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Pennittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, phone no. (704) 663-1699, shall be notified at Least forty-eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Regional Offices Asheville Fayetteville . Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Y Mr. Carter June 26, 1991 Page Two Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater- treatment plant operator to be in responsible charge of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at Least equivalent to the classification assigned to the wastewater treatment facilities by the Certification Commission. Once the facility is classified, the Permittee must 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. A copy of the approved plans and specifications shall be maintained on file by the Pemiittee for the life of the facility. A leakage test shall be performed on the Chromoglass unit to insure that any exfiltration occurs at a rate which does not exceed twenty (20) gallons per twenty-four (24) hour per 1,000 gallons of tank capacity. The engineer's certification will serve as proof of compliance with this condition. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6. The issuance of this Authorization to Construct does not preclude the Permittee from complying. with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mark Hawes at telephone number 919/733-5083. cerely, George T. E cc: Stanl County Health De artment . Iorct smilIt Regional *1fice .Training and Certification Unit David E. Jones, Yadkin, Inc. Permit No. NC0076775 Authorization to Construct June 26, 1991 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date RATING SCALE FOR CLASSIFICATION OF FACILITIES -• Name of Plant:f uS PoLA-DeA tom? v-r Owner or Contact Person:_ Mailing Address:� Q, TP.3-5-7<- tom, i� tt . C _ z� County: Telephone: NPDES Permit No. NC007'7 Nondisc. Per. No.- • IssueDate:1i Expiration Date: 3I A.3E.,`CV1k-- Existing Facility New Facility Rated By: { \ Date: 21 YL L E= 9 \ Reviewed (Train. & Cert.) -Reg. Office Reviewed (Train. & Cert.) ORC Industrial Pretreatment Units and/or Industrial Pretreatment Program (see`definition No. 33) DFSIGN FLOW OF PLANT IN GPD (not applicable to non -contaminated cooling waters, sludge handling facilities for water purification plants, totally closed cycle systems (def. No. 11), and facilities consisting only of Item (4) (d) or Items (4) (d) and (11) (d)) 0 -- 20,000 .20,001 -- 50,000 50,001 -- 100,000 100,001 -- 250,000 250,001 •- 500,000 500,001--1,000,000 1,000,001 -- 2,000,000 2,000,001 (and up) - rate 1 point additional for each 200,000 gpd capacity up to a maximum of 30 Central Office Grade POINTS ITEM Design Flow (gpd) `J��C>•�� (3) PRELIMINARY UNITS (see definition no. 32) (a) Bar Screens or (b) Mechanical Screens, Static Screens or Comminuting Devices (c) Grit Removal or (d) Mechanical or Aerated Grit Removal (e) Flow Measuring Device or (f) Instrumented Flow Measurement (g) Preaeralion (h) Influent Flow Equalization (i) Grease or Oil Separators . Gravity Mechanical Dissolved Air Flotation. (j) Prechlorinalion .. . . . . ........... . POINT (4) PRIMARYTREATMENT UNITS (a) Septic Tank (see definition no. 43) 4 (b) Imhoff Tank (c) Primary Clarifiers (d) Settling Ponds or Settling Tanks for Inorganic Non -toxic Materials (sludge handling facilities for water purification plants, sand, gravel, stone, and other mining operations except recreational activities such as gem or gold mining) (5) SECONDARY TREATMENT UNITS 2 (a) Carbonaceous Stage 3 • (i)Aeration - High Purity Oxyge,r: System .... , 20 4 Diffused Air System �0 5 Mechanical Air System (fixed, 8 floating or rotor) 8 10 Separate Sludge Feaeration 3 (ii) Trickling Filter High Rate 7 Standard Rale 5 Packed Tower 5 (I f i) Biological Aerated Filler or Aerated Biological Filler (iv) Aerated Lagoons (v) Rotating Biological Contactors (vi) Sand Filters - intermittent biological 1 recirculating biological 3 (vii) Stabilization Lagoons (viii)Clarifier 2 (ix) Single stage system for compined 1 carbonaceous removal of BOD and nitrogenous removal by nitrification 2 (see def. No. 12) (Points for.:his item 1 have to be in addition to items (5) (a) 2 (i) through (5) (a) (viii) 8 2 (x) Nutrient additions to enhance BOD removal 5 (xi) Biological Culture (-Super Bugs-) addition 2 to enhance organic compound removal 5 2 3 8 5 2 5 5 2 10 10 10 5 ) Reverse Osmosis -Dillused Air System Mechanical Air System (fixed floating, or rotor) Separate Sludge Reaeralion (ii) Trickling Filter - High Rale Standard Rate Packed Tower (iii) Biological Aerated Filter or Aerated Biological Filter (iv) Rotating Biological Contactors (v) Sand Filter - intermittent biological 2 recirculating biological 3 (v i) Clarifier 5 r IARY OR ADVANCED TREATMENT UNIT Activated Carbons Beds - without carbon regeneration 5 with carbon regeneration Powdered or Granular Activated Carbon Feed - without carbon regeneration with carbon regeneration Air Stripping Denitrification Process (separate process) Electrodialysis Foam Separation Ion Exchange Land Application of Treated Effluent (see definition no. 22b) (not applicable for sand, gravel, stone and other similar mining operations) .,(i) on agriculturally managed sites (See def. No. 4) (ii) by high rate infiltration on non -agriculturally managed sites (includes rotary distributors and similar fixed nozzle systems) 4 (iii) by subsurface disposal (includes low pressure pipe systems and gravity systems except at plants consisting of septic tank and nitrifica- tion lines only) Microscreens Phosphorus Removal by Biological Processes (See def. No. 26) Polishing Ponds - 10 8 3 7 5 5 10 10 15 5 15 5 10 5 .5 5 10 4 5 20 without aeration 2 with aeration 5 Post Aeration - cascade 0 diffused or mechanical ... 5 5 Sand or Mixed -Media Filters - low rate 2 high rate 5 CLASSIFICATION Treatment processes for removal of metal or cyanide 1 5 Cla I 5 - 25 Points Treatment processes for removal of toxic t� 26- 50 Points materials other than metal or cyanide 1 5 Class III 51- 65 Points Class IV 66- Up Points Non -aerated (not including activated carbon regeneration) (k) Vacuum Filter, Centrifuge or Filter Press or other similar dewatering devices 1 0 (8) SLUDGE DISPOSAL (including incinerated ash) (a) Lagoons (b) Land Application (surface and subsurface) (see definition 22a) -where the facility holds the land app. permit . -by contracting to ,a land application operator holds the land application permit -land application of sludge by a contractor not hold the permit for the wastewater facilily where the sludge is generated (c) Landfilled (burial) (9) DISINFECTION (a) Chlorination (b) Dechlorination (c) Ozone (d) Radiation (10) CHEMICAL ADDITION SYSTEM (S) (See definition No. 9) (not applicable to chemical additions rated as item (3) (j), (5) (a) (xi), (6) (a), (6) (b), (7) (b), (7) (e), (9) (a), (9) (b), or (9) (c) 5 points each: List: MISCELLANEOUS UNITS (a) (j) Sludge Incinerator - 2 10 2 . 10 who 2 who does treatment 10 5 5 5 5 5 5 5 5 Holding Ponds, Holding Tanks or Settling Ponds for Organic or Toxic Materials including wastes from mining operations containing nitrogen and/or phosphorous compounds in amounts significantly greater than is common for domestic wastewater 4 (b) Effluent Flow Equalization (not applicable to storage basins which are inherent in land application systems)2 (c) Stage Discharge (not applicable to storage basins inherent in land application systems 5 (d) Pumps (e) Stand -By Power Supply 3 (f) Thermal Pollution Control Device 3 TOTAL POINTS Z-7 IDGE TREATMENT Sludge Digestion Tank - Healed Aerobic Unhealed Sludge Stabilization (chemical or thermal) Sludge Drying Beds - Gravity Vacuum Assisted Sludge Elulriation Sludge Conditioner (chemical or thermal) Sludge Thickener (gravity) Dissolved Air Flotation Unit (not applicable to a unit rates as (3) (i) Sludge Gas Utilization (including gas storage).. 10 5 3 5 2 5 5 5 5 Facilities having a rating of one through four points, inclusive, do not require a certified operator. Classification of all other facilities requires a comparable grade operator in responsible charge. Facilities having an activated sludge process will be assigned a minimum classification of Class II. Facilities having treatment processes for -the removal of metal or cyanide will be assigned a minimum classification of Class II. II Facilities having treatment processes for the biological removal 2 of phosphorus will be assigned a minimum classification of Class' . III NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0081922 PERMITTEE NAME: FACILITY NAME: Facility Status: Existing Permit Status: New Yadkin Inc. Falls Powerhouse Major Minor Pipe No.: 006 Design Capacity: 0.0005 MGD Domestic (% of Flow): 100 % Industrial (% of Flow): Coe:, Una 4 1.173, hDL ` .ict> IN ne&V-o ! o KE'L 5e- Comments: WWTreatment System. This is the same discharge as NC0076775. Copy of effluent attached. RECEIVING STREAM:Yadkin River Class: WS-I and B Sub -Basin: 03-07-08 Reference USGS Quad: County: Shy Regional Office: F18NE Mooresville Regional Office (please attach) Previous Exp. Date: 00/00/00 Treatment Plant Class: Classification changes within three miles: no change Requested by: Randy Kepler Prepared by: Reviewed by: l 1f/ c ?uwriv� r 1 Date: Date: 1 Date: , Z. / / 4/20/92 Modeler Date Rec. 1 # s 1 1-k7.4a7.. to HI° Drainage Area (mi2 ) DRY► FL- J No ,xiAI(M.uM- Avg. Streamflow (cfs): CEPS (Fe ) 7Q10 (cfs) Winter 7Q10 (cfs) Toxicity Limits: IWC Instream Monitoring: Parameters 30Q2 (cfs) Acute/Chronic Upstream Location Downstream Location Effluent Characteristics Summer Winter BOD5 (mg/1) 3fl 0 NH3-N (mg/1) D.O. (mg/1) TSS (mg/1) 3o 3 0 F. Col. (/l00ml) 2.00 2DcD pH (SU) (o _ 1 (— 9 Comments: Facility Name: NPDEg No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WAS 'I'r LOAD ALLOCATION Falls Powerhouse (AL- o'1 NC008-22 - 006 5 Domestic - 100% Existing New Yadkin River WS-Ill&B 030708 R. Kepler 4/16/92 F18NE Request # 6886 It„rr W/icyar 7&775 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Falls Powerhouse discharges below Falls dam and below the dam at Badin Lake. Per DWR (5/92), no minimum release exists in their 1958 FERC license, although a release of at least 150 cfs from Blewett Falls (many miles downstream) is to be maintained. Previous WLA's for these discharges stated that Yadkin Inc. was required to maintain a minimum release of 1400 cfs from Badin Lake (This may be self-imposed and will be used by TSB). This WLA was previously permitted under NC0076775-001. ALCOA is consolidating several outfalls under one permit. The facility had been meeting its limits until 2/92. It has problems with underloading; ALCOA is considering going to a subsurface disposal system. Due to "B" waters classification, Fecal coliform limits must be applied. Special Schedule Rec irements and additional comments from Reviewers bbte_ do bz i 9z dam. Stream Characteristic: USGS. # Date: Drainage Area (mi2): Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): ,IWC (%): no min release in FERC '-" (Q :. r�'' -' Recommended. by: Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: Date: G mow'- Date: I ' GI 1Y Date: qz1Vq--- /---, �� Date: %07,- (A)oe7�J7S)�. RETURN TO TECHNICAL SERVICES BY: JUL 0 4 19 JUN 11 :1992 ENV, MANAGEMENT FAYETTEVILLE REG. OFFICE 2 CONVENTIONAL PARAMETERS Existing Limits: Monthly Average Summer Winter Wasteflow (MGD): 0.0005 0.0005 BOD5 (mg/1): 30 30 NH3N (mg/1): DO (mg/1): TSS (mg/1): 30 30 Fecal Col. (/100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine.(µg/1): Oil & Grease (mg/1): TP (mg/1): TN (mg/1): Recommended Limits: Monthly Average Summer Winter - WQ or EL Wasteflow (MGD): 0.0005 0.0005 BOD5 (mg/1): 30 30 NH3N (mg/1): DO (mg/1): TSS (mg/1): 30 30 Fecal Col. (/100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine (µg/1): Oil & Grease (mg/1): TP (mg/1):. TN (mg/1): No limit changes Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR _X No parameters are water quality limited, but this discharge may affect future allocations. 3 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) _N (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? _N (Y or N) If yes, explain with attachments. To: Permits and Engineering Unit Water Quality Section Date: April 28, 1992 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0076775 MRO No.: 92-47 PART I - GENERAL INFORMATION 1. Facility and Address: Falls Powerhouse c/o Yadkin, Inc. Post Office Box 576 Badin, N.C. 28009 2. Date of Investigation:, April 16, 1992 3. Report Prepared By: Michael L. Parker, Environ. Engr. II 4. Person Contacted and Telephone Number: Mr. David Jones, (704)422-5627. 5. Directions to Site: From the junction of Highway 740 and SR 1719 (Falls Road) in the Town of Badin, travel east on SR 1719 to the end of the road (the road changes to SR 1727). The Falls Powerhouse is located at the end of SR 1727. 6. Discharge Point(s), List for all discharge Points: Latitude: 35° 23' 44" Longitude: 80° 04' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River however, the hydroelectric generation facilities are not subject to flooding. 9. Location of Nearest Dwelling: The nearest dwelling is at least one mile from the Powerhouse site. Page Two 10. Receiving Stream or Affected Surface Waters: Yadkin River a. Classification: WS-III and B b. River Basin and Subbasin No.: Yadkin 03-07-08 c. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0.03% Domestic 99.97% Industrial a. Volume of Wastewater: (MGD) Outfalls: 001 & 003 002 & 004 005 006 007 0.432 0.0432 0.4752 0.0005 0.00072 b. Types and quantities of industrial wastewater: Outfall 001 and 003: Generator Cooling water Outfall 002 and 004: Thrust Bearing Cooling water Outfall 005: Combined Generator/Thrust Bearing Cooling water. Outfall 006: Domestic Wastewater (currently permitted under NC0076775). Outfall 007: Sump Drain c. Prevalent toxic constituents in wastewater: None with the exception of chlorine. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): The existing WWT facilities consist of a 0.0005 MGD package type chromaglas WWTP with disinfection and tertiary solids screening (outfall 006). 5. Sludge Handling and Disposal Scheme: Sludge is not generated from outfalls 001, 002, 003, 004, 005, and 007. Sludge disposal, if any, from the WWT facilities discharging at outfall 006 will be accomplished per DEM regulations. Page Three 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Class II 7. SIC Code(s): 4911 Wastewater Code(s): Primary: 48 Secondary: 02 8. MTU Code(s): 03100 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Yadkin, Inc. (a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as Falls Powerhouse, which generates hydroelectric power used in ALCOA's aluminum manufacturing process. Complex electrical generation machinery exists at this facility, that requires cooling water during operation. There is one discharge of treated domestic wastewater from Powerhouse maintenance employees. Presently, the cooling water and domestic wastewater discharges from this facility are covered under two (2) separate NPDES Permits-(NC0004308 issued to ALCOA, and NC0076775 issued to Yadkin, Inc.). Yadkin, Inc. request that these discharges be included in one Permit to reduce paperwork and simplify tracking. This Office, therefore, recommends that outfalls 001, 002, 003, 004, 005 and 007 be included in NPDES Permit No. NC0076775, which already exist for outfall 006 (domestic wastewater discharge), and that Permit No. NC0081922 (a new Permit Number) be deleted. As a result of this change, ALCOA's Permit (NC0004308) will require a modification to delete the outfalls associated with the Powerhouse. It is suggested that a modification to Permit No. NC0004308 be made in conjunction with the processing of this application. A request for the modification can be found in the transmittal letter from Yadkin, Inc. which accompanied this application. Page Four Yadkin, Inc. also requested in their transmittal letter that monitoring not be included in the Permit for the cooling water discharges, rather the company will use Best Management Practices (BMP's) to remove pollutants. These BMP's include, but are not limited to, changing of oil absorbent pads (quarterly) and the cleaning of sediment in the bottom of oil sumps (annually). A record of this routine maintenance would then be provided to the Division on a quarterly basis. Recent Permits issued by the Division for non -contact cooling water do not include effluent monitoring. Although the possibility exist that lubrication fluids may enter the receiving stream, the concentrations and subsequent .effects are expected to be minimal and downstream impacts are not expected. We, therefore, concur with Yadkin, Inc.'s request and recommend approval pending concurrence by Technical Support. Yadkin, Inc. has been experiencing problems with the chromaglas unit which serves this facility due to severe hydraulic underloading. Maintaining a sufficient solids inventory has been difficult, which has resulted Permit violations. Yadkin is considering abandonment of the existing facility and the construction of a subsurface disposal system on property located nearby. Pending receipt and approval of the WLA and concurrence by Technical Support of Yadkin, Inc.'s request, it is recommended that Permit No. NC0076775 be modified to included the additional outfalls. 02— Sign ture of eport Preparer D to n Water Quality Re(ional Supervisor Date �V '83 I'/ e (MORROW MOUNTAIN) 4554 I Si SCALE 1:24 COO O •86 1 MILE 2' 30" 5MI. TON.G71AND 27 PI h: N. C. DEFT. OF NATURAL RESOURCES I ND COMMUNITY DEYE,LGPRMENT MAR 2 4 1992 State of North Carolina Department of Environment, Health and Natura'. litegotitee'srNfAt -AVe;mENT Division of Environmental Management i OORESIVILLE RESIDUAL OFFICE 512 North Salisbury Street . Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett,Ph.D. William W. Cobey, Jr., Secretary Mr. R, S. HARTSOCK ALUMINUM CO. OF AMERICA P. O. BOX 576 BADIN, NORTH CAROLINA 28009 Dear Mr. HARTSOCK: Director March 18, 1992 76725 Subject: Application No. NC0084-92i ALUMINUM CO. OF AMERICA Falls Powerhouse Stanly County The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials received on March 16, 1992. This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to Randy Kepler for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. If you have any questions, please contact Randy Kepler at (919) 733-5083. Sincerely, M. Dale Overcash, P.E. Supervisor, NPDES Permits Group cc: Mooresville Regional Office Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer 1 _ NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, • P.O. BOX 27687,.RALEIGH,NC 27611 • '6. Principal process NATIONAL POLLUTANT •DISCHARGE.ELIMINATI,ON. SYSTEM APPLICATION-. FOR PERMIT TO`''D.I_SCHARGE - .SHORT FORM C. To be filed only by persons engaged in manufacturing and mining FOR, AGENCY USE' • Do not attempt to complete this form before reading accompanying instructions P.lease print or type 1 •Name, address, -location,. and telephone_ number of facility producing discharge A. Name -Falls Powerhouse B.,Mailing ,address . c/o Yadkin,. Inc. P. 0. Box 576 -1. Street address 3. State North Carolina • 2. SIC APPL ICAT 1ON;,NUMBER 0 0 DATE RECEIVED 91 .1, - 0.,3 Vib YEAR . , MO.. DAY ,. � •4!p a ,D� 2. City Badin 4. County •Stanly C: Location: ' 1. Street End of NCSR 1727 2. City N/A 4. State North Carolina D. Telephone No. 704 427-5677 Area Code 5. ZIP 28009 3. County Stanly (Leave blank) 3. Number of employees 19 (1-nta1) fnr the frnir .L dkin Dams 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 ❑ 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 B. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5. State 6. ZIP • 131Principal product, D raw material (Check one) F1 Prtrirfty Hydroelectric generation 7. Maximum amount of principal product produced or raw material consumed per (Check one) Basis Amount 1-99 (1) :100-199 (2) 200-499 (3) 500-999 (4) 1000- 4999 (5) 5000- 9999 (6) 10,000- 49.999 (7) 50,000 or more (B) A. Day x B. Month C. Year PREVIOUS EDITION MAY BE USED UNTIL SUPPLY 15 EXHAUSTED 2 H. Mnx Imam riininml nr' prim t;tel 'In'nrlurl, prodol vd orrnw ronlrrl,il r n•.nnrrl, rr•Irur I r,•rl - In Item /, above, is measured in (LhcLI. une): .A,•o pound3q1\ B: p tons C. o barrel s • D, ❑ bu'sheh's E, o'square feet F;D gallons. ; ;G:o pieces or units H.Nothers, spe-c.ify:Me.gawatt hours, 9. (a) .Check here if discharge.:occurs all year , or .(b) Check:: the month,(s) discharge occurs: 1.o January:` 'y 2.0 February ?.o March 4.❑ April 5.0 May 6.0 Jurie 7,D Ju_ly.- ,? B,D August 9.0 September 10.0 October 11.0 November (;t) Check -.how many days per week: 1.0 1 2.0 2-3 3.0 4-5 4.Cf6-7 10. Types -of" water discharged to surface .waters only (check as applicable) 12.❑ December Discharge per operating day- Flow. gal ons.per operating day Volume treated.before discharging (percent) 0.1-999 (1) 1000-4999- (2) 5000-9999 • '(3).' .10,000-.. 49,999 (4) `50,000-. or. more (5) • None (6) 0.1- - 29.9 (7) 30- 64.9 (B) 65- 94.9 (9) 95- 100 (10) A. Sani'tory, daily average X _. 2:__ B. Cooling water, etc. - daily average X X C. Process water, daily average • - ). Maximum per operat• ing day for total discharge (all types) X . 11. If any of the thre' types of waste iderfied in item 10.eitner'trea:ed or untreated. are disr:haro,d to places 01her that: surface water,, cneck below as appl icable. Average flaw, 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 set,Fr System ' B. Underground ..ell C. Septic 1'.. 0. Fvaoor3tion laa,non or pond E. other, ,,pec1i, 12. Number e separate dischara= , c•int5 • A.0 1 B.0 2-3 13. Name of receiving water or waters Yadkin River' 14. Does your discharge contain or is it possthle 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.)Jyes B. no 1 certify that 1 am familiar with the information contained in the application and are permitted.under. that to the best of my knowledge and belief such information is true, complete, and NC0004308. (see site plan) . accurate. R. S. HARTSOCK Printed Name of Person Signing • MARCH 10, 1992 Date Application Signed North Carolina General Statute 143--215.6(b)(2) provides that: Any person who knowingly makes any false statement representation,. or cii:tification in any application, record, report, plan, or other document files or..rrquired to be 'maintained under Article 21 or regulations of the Environmental Manage::.ent Cnmmission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or Maintained under Article 23 or regulations of the Environmental "Management. Commiss- implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed 510,000, or b.; imprisonment not to exceed si-•: months, =•r by both. (18 U.S.C. Section 1001 prc- C.0 4-5 D. 6 or more lCurrently covered under NPDES No. NC0076775 2Portions of this flow VICE PRESIDE'T JaDKIn InC March 10, 1992 Mr. Dale Overcash North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management Permits and Engineering Unit P. O. Box 29535 Raleigh, North Carolina 27626 Re: NPDES Permit Applications Dear Mr. Overcash: Yadkin, Inc. Post Office Box 576 Badin, North Carolina 28009 (704) 422-5633 N. C. DEPT. OF NAT AIRAIR RESOURCES pRNi COMMUNITY DES APR 2 2 1992: 6,iliih'�� p��lC6 DN1 igamtallm. gaging tOE otasViat Enclosed are permit applications for the four Yadkin, Inc. hydrogeneration plants, along with the biocide certificates and processing fees. The discharges are predominantly composed on non -contact cooling water; however, some domestic wastewater flows are included (see individual applications and site maps for further information). Special note should be made of the existing permitted outfalls at the Falls, Narrows, and Tuckertown facilities and the drawing of the proposed wastewater treatment system for the domestic sewer flow at the Narrows plant. It is our desire to obtain one NPDES permit for each facility. We believe that this will benefit both Yadkin and the State in the elimination of duplicate permitting of outfalls and reduction in both paperwork and record keeping. In addition, we request consideration of a best management practice (BMP) provision for all but the two treated domestic sewage outfalls. This will allow us to perform routine monitoring of the non -contact cooling water discharges or employ BMP to ensure that excessive pollutants are not discharged. Past permits issued for TVA's hydroelectric generation plants contain such a provision which states, "In lieu of these monitoring requirements, BMPs may be employed to ensure that excessive pollutants are not discharged to the surface waters of the state. These practices should include, but are not limited to, changing oil absorbent pads quarterly and cleaning accumulated sediment in the bottom of sumps at least annually." This option would ensure safe discharge while reducing operating costs by eliminating analytical testing and its associated paperwork. Should this request be granted, and the option exercised, we would provide quarterly written certification of BMP activities to the state. Ti; Q -4= cn 9 n rri • cc� Mr. Dale Overcash March 10, 1992 Page 2 Please call me at (704)422-5627 or our consultant, Steve Pudlo with EMPE, Inc., at (615)255-9300 should you have questions or comments concerning this submittal. Sincerely, R. S. Hartsock RSH:ps OUTFALL NO, 001 002 003 (1) 004 005 (1) 006 (2) 007 (1) dim DAILY DISCHARGE, GALLONS 432,000 43,200 432,000 43,200 475,200 500 720 YADKIN RIVER DAM -7 } r\-- FALLS LAKE DISCHARGE TYPE Generator Cooling Water Thrust Bearing Cooling Water Generator Cooling Water Thrust Bearing Cooling Water Combined Generator/ Thrust Bearing Cooling Water Treated Domestic Wastewater Sump Drain (1) CURRENTLY PERMITTED AS OUTFALL 008, NPDES PERMIT NO. NC0004308. (2) CURRENTLY PERMITTED, NO. NC0076775 004 007 003 006 00002� ) 005N 1 wok caw A• PRIVATE ROAD M YADKIN, INC. FALLS POWERHOUSE SITE PLAN SCALE: N.T. S. v_U n e .,n 7,1'0 R Ii� 0 W" 'MOUNTAIN / • FtTE. ttay\ fir! G_1.1 ). % • Fjf.Ptrt.a' W J / \ Carr pgr ind ---- -- YADKIN, INC. FALLS POWERHOUSE LOCATION MAP SCALE: 1"=2000' em e ` � r This is to certify that no biocides are added to the non -contact cooling water flows at the Falls Powerhouse. Signe Title: VICE PRESIDENT Date: 3/10/92 Company: Yadldn. Inc. GaAs OUTFALL DAILY DISCHARGE. NO, GALLONS 001 (1) 432,000 002 43,200 003 (1) 432,000 004 43,200 005 (1) 475,200 006 (2) 500 007 720 YADKIN RIVER } 004 007 003 006 005 o°�>> >� t� tt tt r\- FALLS LAKE - DISCHARGE TYPE Generator Cooling Water Thrust Bearing Cooling Water Generator Cooling Water Thrust Bearing Cooling Water Combined Generator/ Thrust Bearing Cooling Water Treated Domestic Wastewater Sump Drain (1) CURRENTLY PERMITTED AS OUTFALL 008, NPDES PERMIT NO. NC0004308. (2) CURRENTLY PERMITTED, NO. NC0076775 Powers F1ou5e PRIVATE ROAD . YADKIN, INC. FALLS POWERHOUSE SITE PLAN SCALE; N.T. S. ewe mrMh/ ..rr'no Old Ernesnmarrtol .mlrifLb DIVISION OF ENVIRONMENTAL MANAGEMENT January 10, 1991 MEMORANDUM TO: Don Safrit FROM: D. Rex Gleason PREPARED BY: G. T. Chen a7eihv . SUBJECT: Request for Authorization to Construct AC 0076775 - Wastewater Treatment Facilities Falls Power Plant NPDES Permit No. NC 0076775 Stanly County, North Carolina This Office has reviewed the subject request and recommends it be approved. Please be advised, the proposed facility is a Cromaglass CA-5 wastewater treatment unit which has a design capacity of 500 gpd. The treatment unit is to. be installed. inside an existing, but inoperative, restroom in the power plant. The projected domestic wasteflow of 50.0 gpd is to be discharged into a segment of the Yadkin River. between Badin Lake. and Lake Tillery which is classified as WS-III and B., thus a disinfection unit is recommended. It is requested that the treatment facility be constructed in accordance with the approved. engineering plans and specifications, and that the Mooresville Regional office be notified by the Perrnittee upon completion of the subject facility. If you have any questions regarding this matter, please advise. GTC:se MEMORANDUM DIVISION OF ENVIRONMENTAL MANAGEMENT WA'l ER QUALITY SECTION 2-- 5G n (`1 1 qq \ N. C. F p r. OP NATO • r, ,I. S?..r.F;S AND CO" "!i;? a';_ DEVELO1nM T17 JAN 3 1991 DIVI"l Ed OF H 'IM'f NTAL Fi NAGEf�1EHT MEO rES I IE f EE rld%i OFFICE fro:"RQx h t F4 N Regional WQ Supervisor FROM: Mark E. Hawes Environmental ngineer State Engineering Review Group SUBJECT: A plication # AC -7 T4,`7 -75 County Please provide regional comments for the A 1/IOY vzc& - c ( \- c4- . Attached you will find a copy of the • project documents. Please let me know if you require additional information. Provide the regional contact for this project within 10 days of receipt. S�' 127', b6t,i4P) k? Nil' 11‘P CS6 S Systems, Inc. ALTERNATIVE WASTEWATER TREATMENT j Id. C. DEPT. O" NATURAL REsour AND Y -,,.':1_O 'ENT JAM 3 1991 DIVISION Of .P,I G1iENfi MOORES';ILLE IlliTRAL OFFICE September 19, 1988 Mr. Conrad Carter, PE Alcoa PO Box 576 Badin, N.C. 28009 Dear Mr. Carter: New: '.P.O. B_OX 11792 CHARLOTTE, NC 28220 (704) 525-9481 PO Box 470472 Charlotte, N.C. 28247 (7040 542-0761 Pursuant to our conversation concerning the installation of a Cromaglass CA-5 wastewater treatment unit at your service facility near Badin, I understand that: 1. The site is at a remote service facility frequented occasionally by service personnel and has a commode, washbasin and shower, and no non -domestic wastewater. a. Normal usage : 1 person x 2 hr/day x 25gpcd = 50 gpd 1 shower = 20 gpd b. Worst case usage: 5 persons/day x 25 gpcd 1 shower x 2 70 gpd = 125 gpd = 40 gad 185 gpd 2. A Cromaglass CA-5 unit (nominal 500 gpd) is adequate to handle this service requirement. 3. A building sewer exists into which the CA-5 can be inserted. 4. You will obtain the required discharge permit and inter- face with the regulator agency. We will provide infor- mation and general assistance in this regard. K 8z, S Systems, Inc. ALTERNATIVE WASTEWATER TREATMENT P.O. BOX 11792 CHARLOTTE, NC 28220 (704) 525-9481 Mr. Conrad Carter, PE September 19, 1988 Page Two Enclosed are several drawings related to the installation of the CA-5 unit. These are: 1. General brochure on Cromaglass controlled batch wastewater treatment equipment showing sizes, general operation data and power requirements. 2. CA-5 detailed drawing (Dwg #CA-5) 3. CA-5 operating instructions 4. 50-gal. chlorinator (Dwg. #CC-50) 5. Site installation drawing I have shown the 50-gallon chlorinator in case you will be required to disinfect. It uses the normal pill -type chlorine tablets used in swimming pools. If a restriction of suspended solids is a requirement, then a cannister type swimming pool filter can be utilized on the discharge pipe prior to chlori- nation. Pricing of the equipment is as follows: CA-5 unit 50 gallon chlorinator $3,344.73 $420.98 The above costs do not include sales taxes or shipping charges. Normally, we require a 50% deposit at the time an order is placed, with the balance due upon delivery. K &, S Systems, Inc. ALTERNATIVE WASTEWATER TREATMENT P.O. BOX 11792 CHARLOTTE, NC 28220 (704) 525-9481 Mr. Conrad Carter, PE September 19, 1988 Page Three Please feel free to call me if you need additional data or wish to discuss the matter further. Sincerely, K & S Systems, Inc. by F. Stephen Swartz, PE FSS/sk enclosures • OPERA,TWG..I�NSTR UCTIONS JAN 3 — 1991 DIVISION OF EyNVgIP,OSW� IEidit�L G1t�PdftGEPiEI�T Iris RES'JILLE i EIM ® .1/ odel CA-5 SEWAGE TREATMENT SYSTEM Cromaglass Systems have been designed to operate most efficiently if installed, operated, and serviced by a contractor experienced in the field of sewage disposal systems. Installation must be made in strict accordance with regulations of local. state, or federal standards. Contractor must have applied for and been issued a permit for operation of the system. CROMAGLASS CORPORATION P.O. BOX 3215 WILLIAMSPORT, PA 17701 PHONE 717 326-3396 A flow diagram of the process is shown in Figure 1. RAW SEWAGE SOLIDS RETENTION SECTION . GRIT TRAP ._ SCREEN ^♦ Hydraulic Comminution TREATED EFFLUENT .❖ Reserve Volume AERATION SECTION Standby Volume CHLORINE CONTACT I y I chlorine 2' liquid or a' I tablets FIG. 1 CROMAGLASS BATCH TREATMENT SYSTEM • CONTACT CLARIFIER SLUDGE RETURN Note that there are four specific steps of treatment. When chlorination is not required, Step 4 is omitted. Operating instructions for the system will be covered in the following paragraphs, but the installation should be complete per instructions sent with the tank and pumps. There are some. simple checks to be made prior to beginning operation of the system: 1. Is adequate power supplied to the control box? 2. Are all wires routed properly and connections made? 3. Have the pumps been run momentarily to assure proper operation? 4. Are all piping connections made, and tight? 5. Has all debris, etc., been removed from tanks? (Pumps can be plugged or damaged by foreign articles). STARTING AND OPERATING SYSTEM Before the plant is put into actual operation, it is necessary to understand the process and sequence of events that will take place. Within the Sales section of your Cromaglass Catalogue, there are pages entitled Features and Process Description. (This description is also found on Page 4 of the Cromaglass Brochure). These Process Descriptions should be reviewed prior to and while operating the system. (Note flow diagram of process). -2- At time of installation, the tank should have been filled with water to approximately y of it's total depth, so make certain this has been done prior to initiating operation of the pumps. Note that 1st compartment of the tank is a comminution or solid break up compartment. All incoming sewage enters this compartment and is broken up into fine particles by a strong force of combined water and air directed at the plastic screen from a nozzle located in .the aeration compartment. Comminution is created through a non -mechanical means that cannot jam and create time consuming efforts. Should the screen become clogged from extensive amounts of plastic orsimilar articles, a high water alarm float bulb located at the top of the chamber will signal via flashing red light or audible alarm and it will be necessary by using a rake type tool to remove these articles or substances from the plastic screen or in flotation and dispose of them as required. Periodic removal of these materials should be made from the comminution chamber in any event. CONTROL PANEL A control panel is the "heart" of the Cromaglass Batch Treatment System and it houses the following items: 1. Time Clock with two micro switches controls Pump P-1 and P-2. .2. Amber color running lights for pumps. 3. All necessary relays and control devices for the proper operation of system. 4. High water alarm which activates buzzer. Sequence of control is such that time clock is factory set to operate at 4 hour cycles- through 3 hours on and 1 hour off. A preset maximum of treated effluent is discharged on each timed cycle but may be Tess than the maximum depending upon incoming flow to the total system. The batch treatment system processes 16 hours of inflow in 24 hours. This means that 480 GPD System will accept this quantity in 16 hours. If this flow takes over 16 hours, the plant will go on standby and process only that quantity, but if more than the 480 GPD flow occurs, the system has enough reserve volume to process the extra amount without affecting the plant system's efficiency. It is important to realize that relays within the control panel automatically activate the discharge pump electrical system at the end of each cycle's 1 hour settling period. It is not possible for the discharge pump to be initiated unless there has been one hour of settling in its chamber. AERATION TANK Pump P-1 creates an optimum amount of aeration within the main aeration chamber. Although these pumps are heavy duty water pumps, they should be checked periodically to assure that they have not become clogged from stringy articles such as hair or long particles from textiles. Should the P-1 Pump fail you would not be aerating or transpiring to the Clarifier. Should the alarm system be activated and there is no noticeable excess of clogging materials in the comminution chamber, there is a possibility that P-2 Pump is malfunctioning. (This would cause water level in the entire main chamber and comminution chamber to rise and signal through the float level device.) -3- AIR FLOW It is important that a programmed quantity of air flows to the entire system. A check should be made occasionally for proper aeration by first visually estimating proper amount of turbulence within the main aeration chamber. Also, aeration can be determined by placing a hand against the air intake where ever it may be located. Adequate suction would indicate proper amount of aeration. OVERLOAD There may be an occasion when an extraordinary overload of incoming wastewater cannot be adequately handled through the programmed cycle. In such a situation, it may be necessary for the operator to temporarily speed up the process by limiting the aeration cycle of P-1 Pump to 2 hours instead of the standard 3. This is accomplished by changing the settings on the time clock so that a maximum of 2 hours aeration will take place. This should not affect the total aeration capabilities or effluent quality. Note that if heavy surges have caused a frequent changing of the 3 hour aeration period, there is undoubtedly an indication of an overload on the system as originally sized and provisions should be made for increasing the total capacity. Should the operator be unable to correct conditions beyond which these instructions can help him, a phone call should be made to the nearest Cromaglass District Representative or the closest Cromaglass factory. 3/1 /80 -4- 4 DIA NOTE: CI PCLLAR L(D M0T SI4O W N 4 BOLT+STRAP 10 4' INLET 10 22 R(TYP) 22 14" 4(a 4" OUTLET -50 G4L. Ci-4L0RINAT0R 22 8 DIA SECTION:A—A CROM AGLA55 CORP WILLIAMSPORT, PA. ORwN ay: R5.5. DATE: 11-7-sz APPV'O51:.'.. ..., SCALE: N.T.S. INLET NOTE: CI RCUL4R L(D MOT SNOwN ,24 4 DIA , 4 BOLT+STRAP 101" 22: I4. 3 Z R(TYP) zz 22 $DIA SECTION:A-A 4G3- 4- OUTLET CAC L CuLORIN&TOR CROM AGLASS CORP. WILLIAMSPORT, PA. Dawn aY: R5.5. DATE: 1l- 1-8Z APPV'O6Y::'.. ,•., SCALE: N.T.S. ..I�n......� 67" 60" 9 \HIGH WATER Al ARM FLOAT 4"or 6" INLET OPTIONAL t9 B 6" 2 AIR INTAKE C 7:12 SECTION A - A JUNCTION BOX (a ECTRICAL) Lcw WATER SWT c F FLOAT li4'D/SCHARGE 67" 67 8 ` - CONTACT CLARIFIER See Parts List Reverse Side 0 9" 4' ! o� 4-16'1-- FULL BAFFLE WITH RETURN SLUDGE WEIRS SEcr/ONC-C ICROMAGLASS CORP. WILLIAMSPORT, PENNA. I DRWN er: N.KIESSLING DATE : 3/10/82 APPRV f) • e • d • B. N ' NIdg9 voY-'v [AC, r' O I _IN 11 JI zioL� 11 I"Jo-1 h,7 1-11] N\ Nolld o of a; LD-2 rir' w �cJ oL 1ai1no Dry .6 L�QloI:FNL Lei n.L S vJ LNv-Iv�s --- =!` a ��o 11- Ia qi l . 33N' t-x-N ss Lx� LDD'?'t-I�iO • 7 l e i r L „ L- C.latJ '1)9 . l 't.7'371 ' 1 aI as S.C. ICsy ' 1-A3 LGr-rio9 'IU •��'v7 SSUDV1� 0 2 ) . J c Iv- o, arrP-r: Q., )l1.9 B7!e. A1i JAN3-1991 DIVISION OF E VIII8 i:;ENE4l r 4(illlft9lflT ?OOAESVILLE REGIONAL OFFICE State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary .. f:•r George T. Everett, Ph.D. Date: 19 ' '' Director SUBJECT Application No. WQ i� Dear f,i r �t 6 , c'� -ir The Division's Permits and Engineering Linit acknowledges receipt of your permit application and supporting materials on / -.2 -- _ -> , 19 ". 1 This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to /7 / L�'- 'L-- ,, - :., --, «' for a detailed engineering review. A technical acknowledgement will .be forthcoming. Ifthis acknowledgement is not received withinthirty. (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from. the Regional. Super- visor or a Procedure Four Evaluation for this project, prior to final action by the. Division. If you have any questions, please call the review engineer listed above at (919) 733-5083. CC: Sincerely / 4.C. / 4 r r' ' Donald Safrit, RE. 'Supervisor, Permits and Engineering Regional Supervisor Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer