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Home My WebLink AboutNC0081949_Regional Office Historical File Pre 2018 (2)Water Resources ENVIRONMENTAL QUALITY 9 March 2018 Mark J. Gross, VP of Operations Cube Yadkin Generation, LLC Post Office Box 575 Badin, North Carolina 28009 O•Y COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director SUBJECT: Compliance Evaluation Inspection & Site Inspection of Oil Cleanup (Incident #201800371) Tuckertown Powerhouse NPDES Permit NCO081949 Stanly County, NC Dear Mr. Gross: On February 15, 2018, Mr. Roberto Scheller of this Office conducted a Compliance Evaluation Inspection (CEI) of the subject facility to insure compliance with permit requirements and conditions. As part of this inspection the site was also reviewed for cleanup of an oil spill reported on January 29 - 30, 2018. At the time of inspection all absorbent booms and pads had been placed in covered dumpster for disposal and no oil sheen was noted at dam or downstream locations. Clean up appeared to be completed and no further investigation is deemed necessary at this time. If you should have any questions regarding this oil spill investigation, please do not hesitate to contact myself of Roberto Scheller-at (704) 235-2204 or roberto.scheller@ncdenr.gov. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office) 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704 663 1699 ,9 .0, iVEOINCDENRIDWR SAP 12017 Water Resources WQROS ENVIRONMENTAL QUALITY MOORESVILLE REGIONAL,OFFICE September 6, 2017 John Collins , Cube Yadkin Generation LLC 2 Bethesda Metro Center, Suite 1330 Bethesda, MD 20814 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMIVIERMAN Subject: Retraction of NOV-2017-PC-0530 Failure to Submit Electronic Discharge Monitoring Reports (eDMRs) +Gube�Ya 1 �G. eaneral LI C NPDES hermit NC00819 9 _. Coun£y Dear Mr. Collins: On August 10, 2017, the Division issued a Notice of Violation (NOV) against Cube Yadkin Generation LLC — Tuckertown Powerhouse. The NOV was based upon a violation of the reporting requirement by failing to submit electronic discharge monitoring reports (eDMRs). Subsequent to your receipt of the NOV, Mark Gross with Cube Yadkin Generation LLC contacted the Division to inform the Division that Cube Yadkin Generation LLC had submitted eDMRs since 2015. Due to this, your facility has met the requirement for eDMR submission in permit NC0081949. Since Cube Yadkin Generation LLC has been submitting electronically for Tuckertown Powerhouse, and there has been contact with the Division, I have withdrawn the NOV against the Cube Yadkin Generation LLC — Tuckertown Powerhouse for the cited violation and directed that the record of this violation be removed from our files. Thank you for your prompt attention to this matter. If you have any questions about this letter or discharge monitoring reports, please contact Brianna Young at 919-807-6333 or via e-mail at brianna.young@ncdenr.gov. me rely, S. Jay Zimmerman, P.G., Director Division of Water Resources cc: O DRWQROPS DMiRERWOSNPDES Files NC008 949 Central Files cc: Mark Gross, Cube Yadkin Generation LLC [mgross@cubecarolinas.com] Jeffrey Henley, Cube Yadkin Generation LLC Dhenley@cubecarolinas.com] State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 Director Permit: NCO081949 Owner -Facility: Tuckertown Powerhouse Inspection Date: 05/24/2016 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE _ Are all other parameters(excluding field parameters) performed by a certified lab? ❑ ❑ ❑ # Is the facility using a contract lab? ❑ ❑ ❑ # Is proper temperature set for sample. storage (kept at less than or equal to 6.0. degrees M ❑ ❑ ❑ Celsius)?. Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?. ❑ ❑ ❑ . Incubator (BOD) set to 20.0 degrees Celsius +/-1.0 degrees? ❑ ❑ _N ❑ Comment: On -site field analyses (pH and temperature) are performed under ALCOA's field laboratory certification #5'122. Test America has also been contracted to perform the oil &grease effluent analyses (Outfall 004). The PH meter appeared to be properly calibrated and documented. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ M -❑ Is sample collected below. all treatment units? N ❑ ❑ ❑ Is proper volume collected? M, . ❑ ❑ ❑ Is the tubing clean? r ❑ ❑M ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type M ❑ ❑ ❑ representative)? Comment: The subject permit requires effluent grab samples. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ ❑ M 0 . Is flow meter calibrated annually? ❑ ❑ N❑ .Is the flow meter operational? ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ' ❑ .❑ �- ❑ Comment: -The•reported flows for Outfalls 001 - 003 are based on calculations that include pipe -diameter, pipe volume and duration of discharge Outfali 004 flows are based on pump flow rate and duration of discharge. Effluent Pipe 'Yes No NA NE Is right of way to the outfall.properly:maintained? J. ❑ ❑ N ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ : ❑ El If effluent ,(diffuser pipes are required) are they operating properly? ❑ ❑ M.❑ Comment: No oil sheens were observed. Page# 4 '1 Permit: NCO081949 Owner -Facility: TuckertownPowerhouse Inspection Date: 05/2412016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ 0 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. The.facility contracted Naxeo to pump oily water from the sump bottom. The oil detection/notification system was operational and no oil was being detected in the effluent/sump for Outfall 004 Page# 5 Aja FILE r /�14 .a:= NC®ENR / 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 22, 2013 Mr. Mark J. Gross Alcoa Power Generating, Inc. Post Office Box 576 Badin, North Carolina 28009 Subject: Compliance Evaluation Inspection Tuckertown Powerhouse NPDES Permit No. NCO081949 Stanly County Dear Mr. Gross: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on July 18, 2013 by Mr. Wes Bell of this Office. Please inform the facility's Operator -in - Responsible (ORC) of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 235-2192 or at wes.bell@.iicdenr.gov. Sincerely, —&-t- Michael L. Parker Regional Supervisor Surface Water Protection Section Enclosure: Inspection Report cc: Stanly County Health Department Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org NaturallY NoirthCarolina An Equal Opportunity 1 Affirmative Action Employer - 30°% Recycledi10% Post Consumer paper F United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 [NJ 2 15 I 31 NC0081949 111 121 13/07/18 117 181 C I 19I S I 20III Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA -------- —---------- ---- Reserved —-------- ------ ---- 80 67I 1.0 169 70141 711 N I 721 NJ 73 L1J 74 751 I I I I I 11 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:35 PM 13/07/18 09/10/01 Tuckertown Powerhouse Exit Time/Date Permit Expiration Date NCSR 1164 Badin NC 28009 02:10 PM 13/07/18 14/01/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jeffrey Todd Hen ley/O RC/704-422-5 567/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted. Mark J Gross,PO Box 576 Badin NC 280090576//704-422-5774/7044225776 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program ■ Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date / ,. 3G' MRO WQH704-663-1699 Ext.2192/ Wes Bell /t/l J� ..� i nature of Management Q A Rai 'w r Agency/Office/Phone and Fax Numbers Date Marcia Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 31 NCO081949 111 12I 13/07/18 1 17 Inspection Type 18ICI 111 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCO081949 Inspection Date: 07/18/2013 Owner - Facility: Tuckertown Powerhouse Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ❑ ■ o Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n ❑ n Comment: The subject permit expires on 1/31/2014. The last compliance evaluation inspection was performed on 5/12/2010. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ n n n Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ■ n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n ❑ ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? n n ■ n Page # 3 Permit: NCO081949 Inspection Date: 07/18/2013 Owner - Facility: Tuckertown Powerhouse Inspection Type: Compliance Evaluation 11 Record Keeping Yes No NA NE Comment: The records reviewed during the inspection were organized and well maintained. The effluent analyses (annual monitoring requirements) were reviewed for 2012 and 2013. No limit violations were reported and all monitoring frequencies were correct. An amended February 2012 DMR will be resubmitted to include the effluent oil & grease sample result. Operation and maintenance records were being documented and maintained on -site that included weekly tailrace and floor sump/rope skimmer inspections, sump bottom cleaning events, and skimmer maintenance activities. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ■ n n n # Is the facility using a contract lab? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n n ■ n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ n Comment: On -site field analyses (pH and temperature) are performed under ALCOA's field laboratory certification #5122. Test America has also been contracted to perform the oil & grease effluent analyses (Outfall 004). The pH meter appeared to be properly calibrated and documented. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ o Is sample collected below all treatment units? ■ o n n Is proper volume collected? ■ n n n Is the tubing clean? n n ■ n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n Cl Comment: The subject permit requires effluent grab samples. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ 0 ■ ❑ Judge, and other that are applicable? Page # 4 FPermit: NCO081949 Inspection Date: 07/18/2013 Operations & Maintenance Owner - Facility: Tuckertown Powerhouse Inspection Type: Compliance Evaluation Comment: The facility appeared'to be properly operated and well maintained. No biocides are added to the once -through cooling water discharges and no chemical wheel pit cleaning is performed. The facility contracted a company (Ashland Environmental) to clean the sump bottom in August 2012. The oil detection/notification system was operational and no oil was being detected in the effluent/sump for Outfall 004. Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: The reported flows for Outfalls 001 - 003 are based on calculations that include pipe diameter, pipe volume, and duration of discharge. Outfall 004 flows are based on pump flow rate and duration of discharge. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: No oil sheens were observed at the discharge locations for Outfalls 001 - 003. Oufall 004 was not discharging at the time of the inspection. V...- >L. LIA LIC Nf-- RI.. 1.IA KIC Yes No NA NE nn■o ■ n n n nn■o Page # 5 Allocco, Marcia From: Moore, Tom Sent: Monday, December 29, 2014 12:35 PM To: Allocco, Marcia Cc: jeffrey.henley@alcoa.com; Mark.Gross@alcoa.com; Van Der Meyden, Henk Subject: RE: EXT: eDMR Submittal: NCO081949 V1.0 11-2014 - Failed To Submit Attachments: Report_NC0081949_Ver_1.0_11_2014.pdf Marcia, I wanted to follow-up with you on this so you have documentation regarding the NCO081949 eDMR submittals. The . permittee attempted to submit their 11/2014 report in eDMR in order to comply with the 270 day permit condition. However, they misunderstood the condition that indicated they still needed to submit the signed hardcopy in which they submitted the DMR by the conventional method prior to submitting in eDMR. The DMR was received and manually keyed into BIMS by Data Entry as it normally would be. When they tried to submit the report in eDMR, it failed to submit because the report was indicated as received in BIMS. I have discussed this issue with Mr. Van Der Meyden and they understand they must submit in eDMR first before they print the copy of the report from eDMR that must be signed and mailed to DWR. Since they only have annual monitoring, they will not have the opportunity to submit electronically until next year. Please see my emails below for further information. I have also included a copy of the report for your documentation as well as the report history provided below to document their attempt at electronic submittal: tDId64 tar c't na'(,RQ �i7MA'# art we ee ��d�rr ar,n+� , k'6�ettort #eEh.dtRer,?ct4s j. uscrt43-nagcta�nt crin, . t; Biatng,d'�` a ,axtc StKX3kHZSYL9 V,1.9 I 2012r5d6d-Thl_lwh it b�k;oma,faund,,:'ddRgtxymg'att'itcros'.1 slowh climl8..dn , -� a9 41�-71•'?913;�1 �Y S.TJS ;7l€¢£�tsT CP.E�kT @ ,VC i i� 1�7..L$d,j j-*. Si.`' ��•t1 et1, V9C¢8f%9a'ri51(�!�'v�:.Y56?SFt�a g�6fE1°�.R`5�✓a,CC �',y �S4 aLa�:i-Laz3sr}oi5 ia�Rr uau�;3E >zaG4€� t-0=%`.a5 xa s,s��- s�d:tlz �;ar?Fsccrvc E,.n ¢heck. revm-r� dnn�,cum � ,�.¢ ##c2,. .dfSs3,9f,.4i33 .-Rai.`.:T 1sa DATc- 5Vt4�SS ,1 1$..�54,73.,,7d: HenkYa€�Fsr Nea�>R �en.c•�3nm��*dan('a:c�z,comj. �n =3.`J14-1141 t5:.7.6i S kef'.'�ar rEk7tr i SUC�.E. 5 i 12�,#s: 3S,fif: J 5ny ttc*at �r9''sp.7�en�aYia3 yoexrm� _��. �PI a49 tt�x`, , 6L1G '� If you have any questions or need to discuss further, please let me know. Tom Thomas F. Moore Business and Technology Application Analyst Division of Water Resources / Information Technology Branch Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7301 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Moore, Tom Sent: Monday, December 29, 2014 11:47 AM To: 'Van Der Meyden, Henk' Cc: jeffrey.henley@alcoa.com; 'Mark.Gross@alcoa.com' Subject: RE: EXT: eDMR Submittal: NC0081949 V1.0 11-2014 - Failed To Submit Mr. Van Der Meyden, I just wanted to follow-up on the issue with your 11/2014 DMR submittal in the eDMR system. I notice the report is still reflecting "Failed to Submit" so I wanted to make sure that you received my email response below. If you have any questions, please do not hesitate to let me know. Tom Thomas F. Moore Business and Technology Application Analyst Division of Water Resources / Information Technology Branch Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7301 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Moore, Tom Sent: Tuesday, December 16, 2014 10:36 AM To: 'Van Der Meyden, Henk' Subject: RE: EXT: eDMR Submittal: NC0081949 V1.0 11-2014 - Failed To Submit Vlooked nto further after I read your email chain and see what the problem is. You submitted a hardcopy of the 11/2014 (conventional submittal), which was manually keyed in by our staff. Once the report has been received manually and keyed in, it cannot be submitted electronically via eDMR. You can only submit one way in a given month. Once you start submitting electronically, you will no longer submit your old DMRs, and the signed hardcopy that you mail to DWR will be printed from eDMR. The 11/2014 report in eDMR should be deleted as you will be unable to submit it electronically. Tom Thomas F. Moore Business and Technology Application Analyst Division of Water Resources / Information Technology Branch Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7301 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Van Der Meyden, Henk[mailto:Henk.VanDerMeyden@alcoa.com] Sent: Tuesday, December 16, 2014 10:02 AM To: Moore, Tom Subject: Re: EXT: eDMR Submittal: NC0081949 V1.0 11-2014 - Failed To Submit Tom, Mark Gross forwarded your email. I am on vacation without a laptop till Thu. The report is correct and complete as the required annual DMR information for the other outfalls / parameters was submitted earlier in the year before the eDMR reporting requirement kicked in. I'd like to discuss the resubmittal specifics on Thu/Fri if that works for your. Thanks Henk Sent from my iPhone Henk van der Meyden Sr. Environmental Consultant Alcoa Inc. On Dec 16, 2014, at 9:24 AM, "Gross, Mark" <Mark.Gross@alcoa.com<mai Ito: Mark.Gross@alcoa.com>> wrote: Thanks. Enjoy the vacation. I'll be around the next to weeks. Sent from my iPhone On Dec 16, 2014, at 8:56 AM, "Van Der Meyden, Henk" <Henk.VanDerMeyden@alcoa.com<mailto: Henk.VanDerMeyden@alcoa.com>> wrote: On vacation without a laptop. Back on Thu pm. I'll touch base with Tom then on what is required for resubmittal process. What is both your work schedule for the next 2 weeks? Report is valid as is. We had already submitted information on other outfalls/pa ra meters earlier in the yearl'll touch base with Tom then. Plus we are covered by having submitted a hard copy. Sent from my iPhone Henk van der Meyden Sr. Environmental Consultant Alcoa Inc. On Dec 16, 2014, at 8:37 AM, "Gross, Mark" <Mark.Gross@acoa.com<mailto:Mark.Gross@alcoa.com>> wrote: Sent from my iPhone Begin forwarded message: From: "Moore, Tom"<tom.f.moore@ncdenr.gov<mailto:tom.f.moore@ncdenr.gov>> Date: December 16, 2014 at 7:40:37 AM EST To: "Gross, Mark" <Mark.Gross@aicoa.com<mailto:Mark.Gross@alcoa.com>> Cc: "Henley, Jeffrey T." <Jeffrey.Henley@aicoa.com<mailto:Jeffrey.Henley@alcoa.com>> Subject: EXT: eDMR Submittal: NC0081949 V1.0 11-2014 - Failed To Submit Mr. Gross/Mr. Henley, In reviewing eDMR reports, I noticed that the 11/2014 report submitted on 11/25/2014 has a "Failed to Submit" status. The report appears to be incomplete as it only has one outfall, 004, which does not have data reported for all parameters. The report was also submitted before the end of the monitoring period, which is what caused the failure. Reports must be submitted after the last day of the monitoring period. If this report is valid and you intend to submit as is, you will need to resubmit the report. If you have any questions, please do not hesitate to let me know. Tom <image001.jpg> Thomas F. Moore Business and Technology Application Analyst Division of Water Resources / Information Technology Branch Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7301 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. VNPDFSIT NO.: NC0081949 PERMIT VERSION: 4.0 FACILITY NAME: Tuckertown Powerhouse CLASS: PC-1 OWNER NAME: Alcoa Power Generating Inc Yadkin ORC: Jeffrey Todd Henley Division GRADE: PC-1 ORC HAS CHANGED: No PERMIT STATUS: Active COUNTY: Stanly ORC CERT NUMBER: 990459 eDMR PERIOD: 11-2014 (November 2014) VERSION: 1.0 STATUS: Failed To Submit SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 004 NO DISCHARGE*: NO a q E a o U F p a F 8 a Q c O y o 0 'F c O rn U 0 O c a z 50050 00400 00556 Annually Annually Annually Estimate Grab Grab FLOW PH OIL -CASE 2400 Hrs 12400 1 Hrs Y/B/N I I mgd su mg/l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 12:18 10.5 Y I I < 4.7 15 16 18 r2117 19 20 22 23 24 25 26 27 28 29 30 Monthly Average Limit: 15 Monthly Average: 0 Daily Maximum: 0 Daily Minimum: 0 Monthly Avg % Removal (85 % ): NPDES PERMIT NO.: NCO081949 PERMIT VERSION: 4.0 FACILITY NAME: Tuckertown Powerhouse CLASS: PC-1 OWNER NAME: Alcoa Power Generating Inc Yadkin ORC: Jeffrey Todd Henley Division GRADE: PC-1 eDMR PERIOD: 11-2014 (November 2014) COMPLIANCE: Compliant ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 7044225567 PERMIT STATUS: Active COUNTY: Stanly ORC CERT NUMBER: 990459 STATUS: Failed To Submit SUBMISSION DATE: 11/25/2014 "IN 11/24/2014 ORC/Certifier Signature: Jeffrey Henley E-Mail:jeffrey..henley@alcoa.com Phone #:704-422-5567 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. COMMENTS: 11/25/2014 Permittee/Submitter Signature:*** Mark J. Gross E-Mail:mark.gross@alcoa.com Phone #:704-422-5774 Date Permittee Address: NCSR 1164 Badin NC 28009 Permit Expiration Date: 01/31/2019 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 managed 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. LAB NAME: TestAmerica Savannah CERTIFIED LAB #: 269 PERSON(s) COLLECTING SAMPLES: Jeffrey Henley CERTIFIED LABORATORIES PARAMETER CODES Parameter Codes assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting the Surface Water Protection Section's web site at http://portal.ncdenr.org/web/wq/swp and linking to the unit's information pages. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. **-ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). VNPDESIT NO.: NC0081949 PERMIT VERSION: 4.0 FACILITY NAME: Tuckertown Powerhouse CLASS: PC-1 OWNER NAME: Alcoa Power Generating Inc Yadkin ORC: Jeffrey Todd Henley Division GRADE: PC-1 ORC HAS CHANGED: No eDMR PERIOD: 11-2014 (November 2014) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Stanly ORC CERT NUMBER: 990459 STATUS: Failed To Submit .IJ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30, 2010 Mr. Randall Kiser Alcoa Power Generating, Inc. P. O. Box 576 Badin, North Carolina 28009 Subject: Permit Reporting Requirements Falls Powerhouse, Narrows Powerhouse, High Rock Powerhouse, and Tuckertown Powerhouse NPDES Permit Nos. NC0076775, NC0081957, NC0081931, and NCO081949 Stanly County Dear Mr. Kiser: This Office recently learned of a contradiction in the Discharge Monitoring Report submission requirements for the above referenced NPDES permits. The Effluent Limitations and Monitoring Requirements section in each permit requires Alcoa to report monitoring results annually based on the calendar year. This reporting schedule is unique to the above referenced permits compared with the 227 other individual NPDES wastewater permits in the Mooresville Region. The annual reporting schedule contradicts the standard reporting conditions for all NPDES permits (Part II Standard Conditions for NPDES permits, Section D Monitoring and Records, Item 2 Reporting), which states , "Monitoring results. obtained during the previous month 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." Monthly reporting of monitoring data to the Division of Water Quality by NPDES pe.rmittees is required by the Clean Water Act and allows for timely response by the Division of Water Quality to permit limit and monitoring violations. To align the Alcoa permits with the remaining individual NPDES wastewater permits within the Mooresville region please adjust your future reporting for the four Alcoa powerhouses to ensure all monitoring data is submitted to the Division within one calendar month of the sampling event. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, 17as- Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq One NorthCarolina Naftirally An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled/10% Post Consumer paper Beverly Eaves Perdue Governor A4ja NC®GNR North Carolina Department of Environmentarf R%Drs Division of Water Quaht i'" F� ��a `� v Coleen H. Sullins Dee Freeman Director Secretary JUL 2 2009 Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Gross: July 1, 2009 D%N :• A l Subject: Draft NPDES Permit Permit NCO081949 Tuckertown Powerhouse Stanly County 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. Please 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 by the end of August, with an effective date of October 1, 2009. If you have any questions about the NPDES permit process, please contact me at the following e-mail address: sergei.chernikovna,ncdenr.gov, or telephone number: 919-807-6393. Sincerely, a /� Sergei Chernikov, Ph.D. Environmental Engineer II NPDES-West cc: NPDES Files 1VIo�oresvtll eg1"7& Office / Surface Water Protection Section DEH 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 NorthCarohna Internet: www.ncwaterquality.org a'%t�L y��//s/ An Equal Opportunity lAffirmative Action Employer � v L`y Permit No. NC0081949 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 Tuckertown Powerhouse on NCSR 1164 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, 2014. Signed this day Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0081949 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: Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at Tuckertown Powerhouse, on NCSR 1164, 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 uQir� ■ 111111111es r Facility Information Latitude: 35°29'07" Sub -Basin: 03-07-08 Lon itg ude: 80'10'34" Quad #: F18NW Stream Class: WS-TV and B CA Receiving Stream: Yadkin River Permitted Flow: N/A Facility ' Location o� Yadkin Inc. NC00081949 Tuckertown Powerhouse A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NCO081949 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 :. DISCHARGE LIMITATIONS': MONITORING REQUI-REMEN_ onthly Effluent 1Vleasuremen - Sample Sample Avery e_ `WeeklDail. ;Maximum'` Fre uenc e. Location g Y q. Y'p Flow Annual Estimate E Oil and Grease 15 mg/L 20 mg/L Annual Grab E pH Z 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 maybe 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 (I)MR) form and postmarked no later than January 30`h 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 (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NCO081949 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: EFFLUENT CHARACTERISTICS ..: - _ DISCHARGE LIMITATIONS, ; :. _ :'' ,MON-ITORING-,REQUIREMENTS 'Monthl y - .> Avera e , � . y Veemv Avera e ".' Dailyi,Maximum �EffWent Measurement = Fre. ueric Sample e >:'_. Flow (MGD) Annual Estimate ,Location", E Temperature 1 1 Annual Grab E pH Z 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 30a' 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. pppppp, DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO081949 Facility Information' —, A li"cant/Faciliy Name: Alcoa Power Generating, Inc.. /Tuckertown Powerhouse A licantAddress: PO Box 576, Badin, NC 28009-0576 Facility Address: On NCSR 1164 Permitted Flow. Monthly Average — 1,362,850 gpd .,Type of Waste: Once though cooling water and sump discharges. Facili /Permit Status: ' ' Renewal County: Stanl Miscellaneous' Receiving Stream: Yadkin River Regional Office:. Mooresville Stream Classification:: _- WS-IV & B CA USGS To 6 Quad: F 18 NW 303 d� Listed?: NO Permit Writer: " Ser ei Chernikov Subbasin: 03-07-08 Dater June 3, 2009 Drain e Area mil : Summer 7Q10 cfs Winter 7Q10 (cfs): Average Flow. cfs : IWC /o Primary SIG Code: , 4911 SUMMARY This facility maintains 4 outfalls (001, 002, 003, and 004) With the exception of outfall 004 (sump drain) the source of water for the other outfalls is once through cooling water. The permit stipulates that outfalls 001 through 003 monitor (with no limits) flow, temperature and pH. For the outfall 004 monitoring was required for oil and grease, flow and pH; monthly average and daily maximum oil and grease limits were 15 mg/L and 20 mg/L respectively. Discharge monitoring reports have to be submitted yearly. 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. COMPLIANCE SUMMARY: The facility has an excellent compliance history. During the last 5 years, facility did not violate the permit terms and conditions. Compliance Evaluation Inspection conducted on 11/30/2006 determined that the facility is in compliance. PROPOSED CHANGES: None PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: July 1 (est.). Permit Scheduled to Issue: August 24 (est.). STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Sergei Chernikov at (919) 807-6393. Alcoa Power Generating, Inc. Tuckertown Hydroelectric Powerhouse Fact Sheet NPDES Renewal Page 1 Regional Office Comments „ G,.- Name• Date: Alcoa Power Generating, Inc. Tuckertown Hydroelectric Powerhouse Fact Sheet NPDES Renewal Page 2 63 ALCOA January 7, 2009 NCDENR Mooresville Regional Office 610 East Center Ave. Suite 310 Mooresville, NC 28115 Attn: Mike Parker Alcoa Primary Metals Alcoa Power Generating Inc. Yadkin Division 293 NC 740 Hwy RH D PO Box 576 .-..�• ;:_ .. ;:=7 Badin, NC 28009-0576 USA JAI - 9 2009 -�� -)n D1�� Certified Mail Return Receipt Requested 4570 5463 RE: NOTIFICATION FOR FAUILURE TO SAMPLE AT TUCKERTOWN OUTFALL 002 —APGI NCO081949 Mike: This is a follow up letter per your request from our phone call January 02, 2009 regarding the failure to monitor and sample the effluent discharge at Tuckertown Powerhouse Outfall 002 as required in our NPDES permit NC0081949. The annual monitoring and sampling requirement could not be completed due to an unexpected failure in early February, 2008 of the turbine/generator that discharges to the 002 outfall. The unit is still out of service. If you have any questions regarding this report, please contact Randall Kiser of my Staff at (704) 422-5685. ery Truly Yo s, a ark oss Technic M ger Attachments — report Email Z.T. Gibson, Jr. — Badin — letter/report NCDENR 1. North Carolina Department of Environment and N urn I'R$ oc s ,, Division of Water Quality`�', �.._ -� Michael F. Easley, Governor G. os�, r., ecrteta�y Itam Coleen H. Sullins, Director June 2, 2008 J U N - 4 2008 Mark J. Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, NC 28009-0576 Dear Permittee: M-Surface Water Protection Subject: Renewal Notice NPDES Permit NCO081949 Tuckertown Powerhouse Stanly County Your NPDES permit expires on January 31, 2009. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105 (e)) regulations state that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. Your renewal package must be sent to the Division postmarked no later than August 4, 2008. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after January 31, 2009, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, VMaAN7 Charles H. Weaver, Jr. NPDES Unit . cc: Central Files NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NofthCarohna Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ncmai1.net ;Vatmally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NPDES PERMIT NCOOSIL949 TUCKERTOWN POWERHOUSE STANLY COUNTY The following items are REQUIRED for all renewal packages: ➢ A cover letter requesting renewal of the permit 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 (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ➢ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) Send the completed renewal package to: Mrs. Dina Sprinkle . NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 W A QG 7` O `C Mark Gross, Vice President of Operations Alcoa Power Generating, Inc. Post Office Box 576 Badin, North Carolina 28009-0576 Dear Mr. Gross: Michael F. Easley, Governor/ William G. Ross Jr., Secretary VVVVVV North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 6, 2006 Subject: Compliance Evaluation Inspection Tuckertown Powerhouse NPDES Permit No. NCO081949 Stanly County, N.C. Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on November 30, 2006, by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be .self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Enclosure cc: Stanly County Health Department WK ®'i,A VC®ENR Sincerely, John Lesley Acting Regional Supervisor Surface Water Protection Noe Carolina �turally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwatergLiality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper United States Environmental Protection Agency Form Approved. r/ i ^ Washington, D.C. 20460 EPA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I CI 31 NCO081949 111 121 06/11/30 117 181 C 191 GI 20I I �-!! t= J J Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA --------------------------- Reserved ---------------------- 67I 1.0 169 70141 71 I N I 72I N I 73 I I 174 751 I I I I I I 180 �u Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Tuckertown Powerhouse 10:46 AM 06/11/30 05/05/01 Exit Time/Date Permit Expiration Date NCSR 1164 Badin NC 28009 11:16 AM 06/11/30 09/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Phillip James Poplin/ORC/704-422-5531/ William L McCaskill//704-422-5639 / Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Mark J Gross,PO Box 576 Badin NC 280090576//704-422-5774/7044225776 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility'Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell, PtL,q / % , (// 1 MRO WQ//704-663-1699 Ext.231/ a Ste/ �Ul Signature of Management Q A Reviewipr Agency/Office/Phone and Fax Numbers Date Marcia Allocco MRO WQ//704-235-2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 PV Permit: NCO081949 Inspection Date: 11/30/2006 Owner - Facility: Tuckertown Powerhouse Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for,the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted, to the general public? ■ ❑ ❑ ❑ Is the inspector granted, access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with- data reported on DMRs?. ■ ❑ ❑ ❑ Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ■ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? Q ❑ ■ ❑ Comment: DMRs were reviewed for the year of 2005. No limit violations were reported and all monitoring frequencies were correct. The weekly inspections at the oil/water separator (outfall 004) were documented in an inspection/maintenance log. The facility staff incorporate a commendable record keeping system. Laboratory Yes No NA NE Page # 3 Permit: NCO081949 Inspection Date: 11/30/2006 Owner -Facility: Tuckertown Powerhouse Inspection Type: Compliance Evaluation Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Comment: On -site field analyses are performed under laboratory certification #5122. The laboratory instrumentation utilized for field analyses appeared to be properly calibrated. The facility staff must ensure the pH meter calibration times are documented in the future. Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ ❑ ■ 0 Is flow meter calibrated annually? ❑ ❑ ■ ❑ Is the flow meter operational? ❑ ❑ ■ Cl (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: The effluent flows from all outfalls are based on engineering calculations. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ■ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ Cl ❑ ❑ Page # 4 Permit: NCO081949 Inspection Date: 11/30/2006 Effluent Pipe If effluent (diffuser pipes are required) are they operating properly? Owner -Facility: Tuckertown Powerhouse Inspection Type: Compliance Evaluation Comment: No oil sheens were observed in the effluent discharges. The receiving stream did not appear to, be negatively impacted. V.... M. \I A - Q O ■ 0 Page # 5 ate 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 1, 2003 Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 NCDENii NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Draft NPDES Permit Permit NCO081949 Tuckertown 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 dlirty 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, veChernikov, Ph.D. S Unit cc: NPDES Unit iulcoresvi:llc I��gto' l ogff / Water Quality Section FI SEX B ION 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.chernikov@ ncmail.net 4' Permit No. N7C0081949 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 Tuckertown Powerhouse on NCSR 1164 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,11, 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 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. NCO081949 Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfal 1004) located at Tuckertown Powerhouse, on NCSR 1164, 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 Na- 1% — 7-, N_ " Facility In -formation I-ROWde: :35'29'0T' Sub-13ahl: 03-07-08 LO-11--Al-ke 90'10'3,V: QLILA M.- F18NNV Sbu,cun Class: WS-IV an(] C CA Receiving N"adl-hi River Permitted Flow: N/A Facility Location f T/\, o Yndkin Inc. N(,0008 9-19 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT Permit No. NCO081949 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: EFFLUENT CHARACTERISTICS :DISCHARGE LIMITATIONS.= MONITORING REQUIREMENTS:: Monthly. Avera e WeekT Av'era e' Daih , Maximum, Effluent Measurement .' Fre uenc -', , Sample' e Sample Location* Flow (MGD) Annual Estimate E Temperature' 1 1 Annual Grab E 1-1' 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. 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. 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. Monitorin« 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 shal I be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). FFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0081949 Darin« 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 DISCHARG'E'LIMITATIONSt MONITORING: REQUIREMENTS Monthly Average Wee kly Average DailyMaxinum Effluent' Measurement Frequency Sample Type Sample Location` Plow Annual Estimate E Oil and Grease 15 mg/1 20 mg/1 Annual Grab E pH 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. I 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 pi 1 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`t' 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. OV DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO081949 Facility Information Applicant/Facility Name: Alcoa Power Generating, Inc.. /Tuckertown Powerhouse Applicant Address: PO Box 576, Badin, NC 28009-0576 Facility Address: On NCSR 1164 Permitted Flow N/A — Daily Average — 1,361,800 gpd Type of Waste: Once though cooling water and sump discharges. Facility/Permit Status: Renewal County: Stanl Miscellaneous Receiving Stream: Yadkin River Regional Office: Mooresville Stream Classification: WS-IV & B CA USGS To o Quad: F 18 NW 303(d) Listed?: NO Permit Writer: Ser ei Chernikov Subbasin: 03-07-08 bate: November 2003 Drainage Area (mi2): Summer 7Q10 (cfs)5 Winter 7Q 10 (cfs): Average Flow (cfs);IWC Primary SIC Code: 4911 SUMMARY This facility maintains 4 outfalls (001, 002, 003, and 004) With the exception of outfall 004 (sump drain) the source of water for the other outfalls is once through cooling water. The old permit stipulates that outfalls 001 through 003 monitor (with no limits) flow, temperature and pH. For the outfall 004 monitoring was required for oil and grease, flow and pH; monthly average and daily maximum oil and grease limits were 15 mg/L and 20 mg/L respectively. Discharge monitoring reports have to be submitted yearly. 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: N/A Recommended Requirement: N/A COMPLIANCE SUMMARY: Discharge monitoring reports were conducted for the years 2001 and 2002. Information for 2003 was not available since facility is required to submit reports annually. 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: PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: Permit Scheduled to Issue: Alcoa Power Generating, Inc. i iK'I,C. ,., �. ; i'� ilr�.: tCt.ar.. !'+"•.c:^t-t�� „•,a� ..�. 1i.:t` ¢:i. I r , STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Sergei Chernikov at (919) 733-5038 ext. 594. 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 bv: Regional Office Comments /7/0//03 Date Regional Recommendation by: Signature Reviewed and accepted by: Date Regional Supervisor: Signature Date NPDES Unit Supervisor: Signature Alcoa Power Generating, Inc. { OF W ATF� Michael F. Easley � p �rA Governor 0 NCDENR William G. Ross, Jr., Secretary C North Carolina Department of Environment and Natural Resources p Alan W ��R ekkP'E Dr'ectof��"�i1 Division of . titer _ � uaht July 3, 2003 Ronnie Pickler _ 9 �� Yadkin, Inc. P.O. Box 576 Badin, NC 28009 Subject: Renewal Notice'{r NPDES Permit NC0081949 Tuckertown Powerhouse Stanly County Dear Permittee: Your NPDES permit expires on January 31, 2004. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this.notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than August 4, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request.. If any wastewater discharge will occur after January 31, 2004, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may result in assessment of civil penalties of.up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. 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 you must submit with the permit renewal application. If you have any questions, please contact Valery Stephens at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Mo� � o�z�t.sy�Il,,�egona]rOffiee�W�fer�Qunlltyi5ecticia NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VisiTusoNTHEINTERNET@http://h2o.enr.state.nc.us/NPDES e-mail: valery.stephens@ncmail.net NPDES Permit NCO081949 Tuckertown Powerhouse Stanly County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit 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 (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does .NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 STATE OF NORTH CAROLINA COUNTY OF MONTGOMERY IN THE OFFICE OF ADMINISTRATIVE HEARINGS YADKIN, INC., ) Petitioner, ) V. ) NORTH CAROLINA DEPARTMENT OF ) ENVIRONMENT AND NATURAL ) RESOURCES, DIVISION OF WATER QUALITY,) Respondent. ) ttroia4�.! �-t'i r fSa�i - 1.,.' t k S :'t��td . PETITION FOR A' CONTESTED CASE HEARING Yadkin, Inc., a North Carolina corporation ("Yadkin"), hereby requests a contested case hearing as provided by N.C. Gen. Stat. § 15OB-23 based on actions of the North Carolina Department of Environment and Natural Resources, Division of Water Quality (the "DENR"). 1. Effective February 1, 2000, the DENR issued to Yadkin an NPDES Permit No. NCO081949 for Yadkin's Tuckertown Powerhouse, located in Montgomery County, North Carolina (the "Permit"). A true and correct copy of the permit is attached hereto as Exhibit "A" and incorporated herein as if set forth in full. 2. Pursuant to 15 N.C. Admin. Code §§ 2H .0100-.0111, Procedures for Permits, Approvals for Wastewater Discharges to the Surface Waters (the "Rules"), on October 17, 1999, Yadkin submitted and the DENR subsequently received comments on the draft Permit. A true and correct copy of said comments (the "Comments") is attached hereto as Exhibit `B" and incorporated herein as if set forth in full. 1 3. The DENR has substantially prejudiced Yadkin's rights and Yadkin hereby appeals the following provisions of the Permit: (1) the pH monitoring requirement for once -through cooling water from outfall(s) serial number 001, 002, and 003; (2) the temperature monitoring requirement for once - through cooling water from outfall(s) serial number 001, 002, and 003; (3) the pH monitoring requirement from outfall(s) serial number 004; (4) the discharge limitation for oil and grease from outfall serial number 004; (5) the reporting requirements for effluent from outfall(s) serial number 001, 002, 003, and 004. These provisions are appealed for reasons including, but not limited to, the following: a. The DENR acted erroneously in setting the effective date of the Permit as February 1, 2000, in that the Permit will take effect prior to the expiration of Yadkin's thirty (30) day appeal period following receipt of the Permit. b. The DENR acted erroneously, failed to use proper procedure and acted arbitrarily and capriciously in setting the pH monitoring requirements for outfall(s) serial number 001, 002, and 003, since Yadkin does not add any chemical additives to the source water. C. The DENR acted erroneously, failed to use proper procedure and acted arbitrarily and capriciously in setting the temperature monitoring'requirements for outfall(s) serial number 001, 0021 and 003, since the maximum temperature change across the generator is 25°C with a ratio of generator discharge to cooling water discharge'of 3,000:1. 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 and is well below the 2.8 degree threshold of allowable temperature rise above background. K d. The'DENR acted erroneously, failed to use proper procedure and acted arbitrarily and capriciously in setting the pH monitoring requirements for outfall(s) serial number 004 since Yadkin does not add any chemical additives to the source water. e. The DENR acted erroneously, failed to use proper procedure, acted contrary to law, and acted arbitrarily and capriciously in setting an unduly burdensome discharge limitation for oil and grease from outfall serial number 004. f. The DENR acted erroneously, failed to use proper procedure and acted arbitrarily and capriciously in setting reporting requirements for effluent from outfall(s) serial number 001, 002, 003, and 004. As stated in the Comments, the DENR has placed overly burdensome, inapplicable and unnecessary reporting provisions in the Yadkin permit, which are not required under similarily situated permits issued pursuant to North Carolina General Permit NC500000. WHEREFORE, Yadkin respectfully requests that this matter be set for a contested case hearing pursuant to the provisions of the N.C. Gen. Stat. § 150B-23. 3 t VERIFICATION I, the undersigned first being duly sworn, say that this petition is true to my own knowledge, except as to matters stated on information and belief, and as to those, I believe them to be true. SWORN TO AND SUBSCRIBED BEFORE ME: 2�� CAI Title My Commission Expires: (SEAL) =L-Murtha, eal Public , Notaryheny Countyres Jan. 24,2003 Member, Pennsylvania Association of Notaries j P -�- /00 Date ce, Marc A. Ross Attorney for Yadkin, Inc. Alcoa Corporate Center 201 Isabella Street Pittsburgh, PA 15212 Telephone: (412) 553-3596 4 STATE OF NORTH CAROLINA COUNTY OF MONTGOMERY IN THE OFFICE OF ADMINISTRATIVE HEARINGS YADKIN, INC., ) Petitioner, ) V. ) ) NORTH CAROLINA DEPARTMENT OF ) ENVIRONMENT AND NATURAL ) RESOURCES, DIVISION OF WATER QUALITY,) Respondent. ) PETITION FOR A CONTESTED CASE HEARING CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency named below by sending a copy of it via United States certified mail, return receipt requested, with sufficient postage, this 28th day of January, 2000. Kerr T. Stevens, Director Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, N.C. 27699-1617 D. Rex Gleason, P.E., Regional Water Quality Supervisor Department of Environment and Natural Resources Division of Water Quality Mooresville Regional Office 919 N. Main Street P. O. Box 950 Mooresville, N.C. 28115-0950 0 JC. Marc A. Ross 5 Permit No. NCO081949 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 Tuckertown Powerhouse on NCSR 1164 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. rr T.-Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NCO081949 SUPPLEMENT TO PERMIT COVER SHEET Yadkin, Inc. is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at Tuckertown Powerhouse, on NCSR 1164, 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 Ll sysie0000x LIPON Jo, �x uo PDo 1per4?I.aeo y �y vim m� 38+�x�a VO o Pw uses n WTJ .to AT,OB WLO-co 3u.-qnS Wax u011-ouu0jul X1111ou3 s .� y v v t•°°� 3 t'1 •+ k t U`y'�Y,y yA '� as�'i 3 j�,�n,.Tnt..''N. v"'a�'' c,i s+, d L F � 4 F J F � <�%�� Y{q� s.,, 1�'ara � Pf 1 'irp•, ;?�k� i4-•4 �.,j` ,� �� t sfYt: . ..4\ Yrv,s r t .P.,i ��N;a•`y ��;f,Ys Chit, .'i`ilti. j.Lt�li A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT Permit No. NC0081949 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: � I i �. x ,Jd'[.."'J.'a crt' '7;:. o'i`.15'K ..:. %YYaJsi?.'Y,: - M r ATIONS..a a 1VICJNIT 'RING I2E irern ent ME Sarn le Sam le p-.. .. ar tix. w�' .z„t, �F-�' "{ ±,ysm� S �'>;",.h�S� '... .{,`tx... t q..., ,:�. " CS?:fi 4.a,§4j"k u`'. i 3. 44 x.t ;. x „� Irl Semi-Annuall Estimate E RpH'77 el 1 1 Semi-annuall Grab E 2 2 1 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 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 previous semi-annual period shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 3e 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 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;;;: .:.. @ ..,, F t A S AZSCm, RC�,. .:L i de 4 Q�': •rt Y4•{ 'i�k*'...xA'Ad�w..l� ...4. . `u'.,;3 YiF�.YwI a nik r&°.R(�.i<, �:.. �:2 �6 .� �„Yk 4< A xtY :,{ •. S R'Sk`•: .. � "i. 't^ gg d,� -,rf. S T.' . �P,,Y ..W^ ,. e. ,.,.in�i., £ <�x.. �.. 5 r f f:r.� 41Rd:«.,_ � s� "�,. �-. a �. +aT�� m �'.. Z _ad..4raee. "�t-�. - �5'p� �3,,:. sWd�� ^"� r roxa'.0 .c ,. �w`�d`t �� '�C A� .. G;+ars :. �# ?� �';+ ^e 4 .C✓ t ,¢ ..�"S ,,.s,,, Ri»{ #• S� t : ft i ,3 +,i . '.`1 � T �. w� :. .k' ,.,i%�i �..:, �.�..x ,.5.. +r �a ,yw""::. ?r,, $�� `5'u � �' r� . .2+'w3r ;' 4 /� �i t Quarterl Estimate E Flow Oil and Grease' 15 m 20 m Quarterly Grab E Hz 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 preventcompliance 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 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 301h 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 (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 Il 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 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 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�i" the arithrrI c mean (weighted.by flow,.value).of all, the samples collected during that calendar day : Tlie a verage�yearly�count for fecal coliform bacteria is.the geometric mean 'of the counts for samples collected during a calendar.year... This limitation is identified as "Annual Average" under "Other Limits' in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is .the minimum allowable amount of dissolved oxygen required to be available' in the effluent prior to, discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the. sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text, of. Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as Quarterly Average Limitation" in the text of Part I of the permit. g. , A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic ,mean of the total daily flows. recorded during the calendar month. b. An "instantaneous flow measurement is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tykes 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 o greater than 24 hours..In such cases, effluent grab.samples may be collected at time intervals evenly spaced er f Hours to' the detention time over the 24 hour period which are.equal in numb '.of the -system in number of days However, .n no case may the time interval+betweeri`effluevt grab samples be greater than six (6) hours nor the number of samples less than fourxO 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, manuallyr 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 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 C1ean.Water Act. SECTION B. GENERAL CONDITIONS I. Duty to omply 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 ezceed.$10,000 per ®iiolation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the .Federal, Act 33 U.S.C.-1319 and 40 CFR 122A1 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars'($10,000).per. violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A) d. Any person may be assessed an administrative penalty by .the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act,. or any permit condition or limitation implementing any 'of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 .per.day for each day during which the' violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Part II Page 5 of 14 2. Duty to Miti ag_te- The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood. of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part I1, C-4) and "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.perrrit,does not authorize or.approve the construction of any onshore or offshore physical structures or' facilities or the undertaking of any work in anynavigable waters.. a` 7. Severabil`itX 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 lnformation . :. The; permittee shall furnish to the Permit Issuing- Authority, within a reasonable time, . any information which the Permit Issuing Authoritymay request to determine whethercause 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. 12m� to'R46nlv.: 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 11 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. ftnatory Rgquirements 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) Fora municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by. the permit and other information requested by the Permit Issuing Authority shall be.signed by a person described above or by a duly authorized representative of that person., A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual- or a position having responsibility for the overall operation of the regulated facility or activity, such"as the position of. plant manager, operator of a well or well field, superintendent, a position of - equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and - (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law,. that this document and all attachments were prepared under MY direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties -for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by - the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; -and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. IThe exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. A 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 90A44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORO of the wastewater treatment facilities. Such operator must hold a certification of the .grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also. employ a certified back-up operator of the appropriate; type' and; any grade to comply with the -conditions of Title 15A, Chapter 8A .0202. The ORC of the facility,must visit each -Class I facility at least weekly and each Class 11,1II, 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.l'5A, C-hapter'13A';�.0202. Once the facility is classified, the permittee shall submit a letter to tiie ;Certification -Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. - 2. ProoWr 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 preventivemaintenance; 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. Pan II Page 9 of 14 5. 11125cts 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. I A permittee who wishes to establish the affirmative defense .of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; . (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 11, B. 2. of this permit. d. Burden'of proof. In any,enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. _ .6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control `of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the'State or _navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the dispo 'I i sewage sludge. Upon promulgation of 40 CFR Part 503,, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge maybe: 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.gegulaton, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices.. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted. by any other wastestream, body of water, or substance.. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies, of these, and all 'other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall'be capable of irieasuring 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. -. r 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, orknowingly 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 EntW. _ ... :. The permittee shall allow the Director, or -.an ,authorized, representative (including an authorized contractor, acting as a,representative of theMirector),.u_pon 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 Il Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Chanee in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition, to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants _which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 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 rted during the permit application process or not of additional use or disposal sites not repo 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 ex nee of thet after o ee Director. ncorporatee such o her require modification or revocation and permittee requirements as may be necessary under the Clean Water Act. - - - - 5. Monitoring Rip L . Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge M charge onitoring Report (DMR) (See Part IL 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 cified in Part II, D. 4. of this permit or in the case of sludge use or disposal, procedures spe 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 rmit. arithmetic mean unless otherwise specified by the Director in the pe Part II Page 13 of 14 6. Twenty-four Hour R orting 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 anon -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 December 23, 1999 Mr. William L. McCaskill c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 A�� NCDENR JAN - i 2000 Subject: Permit No. NCO081949 Tuckertown Powerhouse Montgomery 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, NC0081949, 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 and 003, and the quarterly monitoring of outfall 004, 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. 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. . 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-6083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ Yadkin, Inc. Permit No. NC0081949 Tuckertown Powerhouse Page 2 Response: The 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 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 0: 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." 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. Yadkin, Inc. Permit No. NC0081949 Tuckertown Powerhouse Page 3 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 and 003: 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 NC0081949 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 11, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal 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. Sincerely,. rr T. Stevens cc: Mooresville Regional Office - Water Quality Section Central Files NPDES Files Point Source Compliance/Enforcement Unit y,D ��G