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HomeMy WebLinkAboutNC0049905_Regional Office Historical File Pre 2018 (3)PLOY COOPER Governor MICHAEL S. REGAN secretary LMDA CULPEPPER Interim Director Mr. Ernie Athey Terminal Manager Associated Asphalt Salisbury, LLC. 1825 Jake Alexander Boulevard, West. Salisbury, North Carolina 28147 Dear Mr. Athey: NORTH CAROLINA Environmental Quality October 10, 2018 Subject: Final NPDES Permit Renewal Permit NCO049905 Associated Asphalt Salisbury, LLC Rowan County Class I Physical/Chemical WPCS SIC Code 5171 Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the requirements of North Carolina General. Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit maintains the following significant changes identified in the letter sent on August 14, 2018: • Footnotes for flow monitoring, oil and grease sampling and Turbidity effluent limit have been added to the permit [See A. (1)]. • Total Residual Chlorine footnote language has been updated [See A. (1.)]. • Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The requirement to continue reporting discharge monitoring data electronically using the NC DWR's, Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit [See Special Condition A. (2)]. • Some of the wording has changed in the Supplement To Permit Cover Sheet, please review each paragraph carefully. • Parameter codes have been added to the Effluent Limitations and Monitoring Requirements [See A. (1.)]. • Regulatory citations have been added to the permit. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written E North Carolina Department of Environmental Quality I Division of Water Resources 9"') Wnrth Sahchi tm Street 1 1611 Mail Service Center I Raleloh. North Carolina 27699-1611 petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If 'you have any questions concerning this permit, please contact Qais Banihani at (919) 707-3667 or via email at gais.banihani@ncdenr.gov. Sincerely, Iz-5 t?Linda Culpepper, Interim Director 'YDivision of Water Resources, NCDEQ Hardcopy: NPDES Files Central Files DWR/ Mooresville Regional Office / Water Quality Ecopy: US EPA Region 4 DWR/Aquatic Toxicology Branch/Susan Meadows Senior Consultant - Trinity Consultant/ Dean Downs DW-1 North Carolina Department of Emrlronmental Quality I Division of Water Resources 512 North SalisburyStreet 116U Mail Service Center I Raleigh, North Carolina 27699-1611 Permit NCO049905 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Incompliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Associated Asphalt Salisbury, LLC is hereby authorized to discharge wastewater from a facility located at the Associated Asphalt Salisbury, LLC 1825 Jake Alexander Boulevard, West Salisbury Rowan County to receiving waters designated as an unnamed tributary to Grants Creek 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 0, „Q. Signed this day October 10, 2018. c Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Permit NCO049905 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. Associated Asphalt Salisbury, LLC is hereby authorized to: 1. Continue'to operate an existing Wastewater Treatment Facility consisting of the following: ➢ A 0.5 MGD retention pond with effluent discharge into a dry ditch via Outfall 001, and ➢ A stormwater containment berm (around tank #5) with a discharge into a dry ditch via Outfall 002. 2. The facility is located at 1825 Jake Alexander Boulevard, Salisbury, Rowan County. 3. Discharge of boiler blowdown, water softener blowdown and stormwater (via outfall, 001) and stormwater from stormwater containment berm (via outfall 002) into an unnamed tributary to Grants Creek, classified C waters in the Yadkin -Pee Dee River Basin, at the location specified on the attached map. Page 2 of 8 Permit NCO049905 A. (1.) EFFLUENT LIIVIITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade I Physical/Chemical Water Pollution Control System [15A NCAC 08G .0306] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge boiler blowdown, water softener blowdown and stormwater from outfall 001 and stormwater from Outfall 002. Such discharges shall be limited and monitored' by the, Permittee as specified below: PARAMETER CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Parameter Code Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Flow 2 50050 Quarterly Estimated Effluent Total Suspended Solids _ C0530 45.0 mg/L 67.5 mg/L Quarterly Grab Effluent JSS) Total Residual Chlorine 50060 Quarterly Grab Effluent (TRC) 3 Oil and Grease 4 00556 45.0 mg/L 67.5 mg/L Quarterly Grab Effluent Turbidity s 00070 50.0 NTU Quarterly Grab Effluent Temperature 6 (`C) 00010 Quarterly Grab Effluent pH 00400 Between 6.0 and 9.0 Quarterly Grab Effluent standard units Table Footnotes: 1. Submit discharge monitoring reports electronically using the NC DWR's eDMR application system [See section A. (2)]. 2. Flow shall be monitored with each discharge event. During periods of no flow, the Permittee shall submit a signed, monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored using any one of four methods: a) Measure flow continuously b) Calculate flow (see Rational Equation below) based on total rainfall per unit area draining to the outfall; exclude built -upon areas (best method for facilities with large runoff -collection ponds) The Rational Equation: Q = KuCIA, where: Q = flow (peak flow rate (cfs or m3/sec) Ku = units conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for SI-units C = dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall I = intensity of rainfall taken from the intensity -duration -frequency curves for the specified design return period at the time of concentration, tc (in/h or mm/h). tc = time of concentration (time after the beginning of rainfall excess when all portions of the drainage basin are contributing simultaneously to flow at the outlet). A = area of tributary watershed (acres or km2) Page 3 of 8 Permit NCO049905 The rational equation is used to calculate the runoff from a region, given: i) the runoff coefficient which accounts for infiltration and other potential losses in the region ii) , the rainfall intensity to the region iii) the time it takes for runoff to travel from the regiods upper reaches to its outlet iv) the region's drainage area c) Estimate flow at 20-minute intervals during the entire discharge event d)Report flow based on discharge pump logs 3. Effluent monitoring and limitation only apply if chlorine or a chlorine derivative is added to the waste stream during treatment. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 jig/L. 4. Oil and grease samples shall be skimmed from the surface of a quiescent (calm water) zone. S. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. Therefore, if the effluent measurement exceeds 50 NTU, the Permittee shall sample upstream and downstream turbidity in the receiving waterbody, within 24 hours, to demonstrate the existing turbidity' level in the receiving waterbody was not increased. All data shall be reported on the DMRs. (See 15A NCAC 2B .0211 (21)). 6. The temperature of the effluent shall be regulated so as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. The permittee shall obtain authorization from the Division 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 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 completion of Biocide Worksheet 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, zinc, or copper added to the discharge except as pre -approved additives to biocidal compounds. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 8 Permit NCO049905 A. (2.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)] - -- - Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This Section supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)l The Permittee shalW l report discharge monitoring data electronically using the NC DR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy. of the computer printed eDMR to the following address: NC DEQ / DWR / Water Quality Permitting Section Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, 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. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Page 5 of 8 Permit NC0049905 • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual. Reports. The Permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated_ entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: https://www.federalre dster.gov/documents/2015/10/22/2015- 24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The Permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit. to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall- be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the. period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: . ' http://deq.nc.gov/about/divisions/water-resources/edmr Page 6 of 8 Permit NCO049905 4. SIMatory Requirements iSupplements Section B. (11.) ffl and.Supersedes Section B. (11.) f" All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (I1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system; registering for eDMR and obtaining an eDMR user account, please visit the following web page: htti)://deci.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I 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. " S. Records Retention [Supplements Section D. (6.)l, The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41). i Page 7 of 8 Permit. NCO049905 Salisbury Terminal WWTP Facility ,� Location WcoSC* North NPDES P Rowan Du 4905 1 Y !6 ' Ravvan Coun4y NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11/09/2011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent lirrutations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges_ Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]_ a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 465 of the Act; or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not, to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11109120111 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimise or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to *expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the, manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221' d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that quaked personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In,Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11 III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures_ This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding lunitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permttee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as. required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device_ Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used_ Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at. any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 12229(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 11109120111 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or-(919) 733-3300. 7_ Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.S- and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Noncompliance Notification The Pennittee 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 worsting day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic. wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-3941, no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring. The Pennittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That.any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered. by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (S1U); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact, that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 0211.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40,CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved. Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any. subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11109120111 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] Industrial User Pretreatment Permits (1UP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted 1UP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909., .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (1UP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring, and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40. CFR - 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a' partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 18of18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PE RCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division-, c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in,a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of 'Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Vernon 1110912011.1 NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Samuel L. Cannon Jr. Vice President Operations Associated Asphalt PO Box 12626 Roanoke, VA 24027 Dear Mr. Cannon Jr.: Division of Water Quality Coleen H. Sullins Director October 26, 2009 Subject: I§suarice of NPDES Permit NCO049905 Salisbury Terminal WWTP Rowan County Dee Freeman Secretary Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This permit contains no changes from the Draft permit mailed to you on August 26, 2009. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 807-6387. Sip4erely, lins Enclosure:_NP_D.ES.-Permit%1_C0049905 cc: Mooresville -Regional Office /Surface Water_.Protection,Eob.krebs(o�ncdenr.ctov (ecopy) NPDES Unit _ _ Central files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512N. Salisbury St. Raleigh, North Carolina 27604 �7One Phone: 919-807-6387 \ FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 1y oAhCarolina Internet: www.ncwaterquality.org � // An Equal Opportunity \ Affirmative Action Employer � �/ �?atunallB , Petmit NCO049905 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES - DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other. lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Associated Asphalt Inc. is hereby authorized to discharge wastewater from a facility located at the Associated Asphalt -Salisbury Terminal 1825 Jake Alexander Boulevard Salisbury Rowan County to receiving waters designated as an unnamed tributary to Grants Creek 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 December 1, 2009. This permit and authorization to discharge shall expire at midnight on June 30, 2014. Signed this day October 26, 2009. Co en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO049905 SUPPLEMENT TO PERMIT COVED 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. Associated Asphalt, Inc. is hereby authorized to: 1. Continue to operate an existing Wastewater Treatment Facility consisting of the following two (2) containment basins: ➢ A 0.5 MGD spill containment basin and a series of subsurface drainage pipes leading to the basin with effluent discharge into a dry ditch, parallel to the railroad tracks, by manually opening a gate valve at Outfall 001, and ➢ A stormwater containment basin (around tank #5) with a discharge into a dry ditch by manually opening at gate valve at Outfall 002. 2. The facility is located the Salisbury Terminal, 1825 Jake Alexander Boulevard, Salisbury, Rowan County. 3. Discharge of boiler blowdown and stormwater (via outfall 001) and stormwater from spill containment structure (via outfall 002) into an unnamed tributary to Grants Creek, classified C waters in the Yadkin -Pee Dee River Basin, at the location specified on the attached map. I Y•� 4� 4 'A• ,` rd J k t � ��I .■�'. ,■ r� ��rb� R is v f T r 11 + � •. r i � i C � � ■> t � , `�iv �3, � �' ' `� •� i! �� ram' ,.= _� __ � t i�, .. 4g yr rr. 1p Q 8 j{Y` i�. +s r•• I •r' f ti-. I E4. +.� v. C. f x.••. W. I r7f4 �` Outfall 002 ■ :r � r w ■ 66 Pe ! Outfall 001 r { ..stir Fs R RCJ4 !� r 3 SO fO 1825 Jake Alexander Boulevard M 6 4 �+ f in. '�•j'T4•'� �{� t•4.v CnarJ �N i..,nf y r 11. 'S�'y� � � EI P rb•F. � { � r •■ 4y J.:!t� A r �vk '1 r t•G n.�•+ r� 4 t v - h 5' �.�� �' ..i'' ., is Y;,, r' "h fy AV. dti '� J rtxr �. p( :t •Mi.T� rYr�i7� r. - x `? '�,f � i � ,�j= f Associated Asphalt, Inc. Salisbury Terminal WWTP Outfall 001 Latitude: 351 41' 06.216" N Longitude: 80° 30' 36.432" W Outfall 002 Latitude: 351 41' 12.335" N Longitude: 80' 30' 33.451" W State Grid: Rowan Mills Stream Class: C Receiving Stream: UT to Grants Creek Sub -Basin: 03-08-32 Drainage Basin: Yadkin Pee -Dee River Basin Facility Location not to scale r North �th NPDES Permit No. NCO041101 Rowan County Permit NCO049905 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 001 / 002 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge boiler blowdown and stormwater from outfall 001 and stormwater from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS. EFFLUENT LIMITATIONS •= MONITORING :REQUIREMENTS :-_:- .Monthly : Average Daily. Maxsmum Measurement Frequency `Sample''pe " Sample Location Flow Quarterly Estimate Effluent Total Suspended Solids 45.0 mg/1 67.5 mg/l Quarterly Grab Effluent Total Residual Chlorine' Quarterly Grab Effluent Oil and Grease 45.0 mg/l 67.5 mg/1 Quarterly Grab Effluent Turbidity .50 NTU Quarterly Grab Effluent Temperature2 Quarterly Grab Effluent pH3 Quarterly Grab Effluent Footnotes: 1. Monitoring requirements apply only if chlorine is added to the treatment system. 2. The temperature of the effluent shall be regulated so as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 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 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 completion of Biocide Worksheet 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, zinc, or copper added to the discharge except as pre -approved additives to biocidal compounds. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS SectionA. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. /Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 512009 NPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/ 24 of the expected total daily flow at the treatment system, or (4) Constant time/ volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requites prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flowmeasurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. D& Dischargg The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) D& MaximLrn The highest " daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Clostir Cessation of all activities that require coverage tinder d-us NPDE S permit. Completion of facility clostre will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Version 512009 NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 nil collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated Linder 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. QuarterlyAverage (concentration limit) The average of all samples taken over a calendar quarter. Severe propert�clainage 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 darnage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the P ermittee causing unintentional and temporary noncompliance with permit effluent lirnitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section & General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 512009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a pernnit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. 133 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who n#*Wyviolates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any.condition or limitation implementing any of such sections in a permit issued Linder section 402 of the Act, or any requirement unposed in a pretreatment program approved under section 402(aX3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. 133 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who kniirdy violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. 133 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued Lander section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(BXiii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes 5 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. DutytoMitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part lI. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 512009 NPDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Ri lg_its The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Sever ability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. DulytoRMply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Sianatoiy Reautirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 512009 NPDES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part I I . E . 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of 'untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required Linder Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41(n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessaryfor a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of,this permit. (4) The Permittee complied with any remedial measures required. tinder Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/ disposed of in accordance with NCGS '143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/ disposal of sludge maybe Version 512009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Perlittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required. by 15A NCAC 21-1.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SectionD. MgdLor jLng and Recrnds Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample. represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)] . 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality/ Water Quality Section ATTENTION: Centnd Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 100/o from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 512009 NPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it maybe necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. SectionD. PretreatmeirtPmg Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 21-1.0903 and 40 CFR 403.3. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 21-1.0905 [also 40 CFR 122.44 Q (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a strmrmary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a stunrmary of any investigations conducted tinder paragraph B, 2, c, of this Part. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data. to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an Version 512009 n NPDES Permit Standard Conditions Page 17 of 18 updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Pernttee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Perinittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that then • wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which suriunarizes the results of the HWA and the limits from. A IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined bythe HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment progran-, the industry's pretreatment permit, or in 15A NCAC 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 (j) (2)] Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307 (b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H.0909, and specific local luZutations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 512009 NPDES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PE RCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) N arrative ' A brief discussion of reasons for, status of, and actions taken for all SIUs in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program surnmary (PPS) on specific forms approved by the Division; c.) Siguficant Non Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the SIU. These analytical results must be reported on Industrial Data Sutnmaty Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of SIUs that were in SNC as defined in the Permittee's Division - approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H.0903 (b) (35)..0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (vii)] 12. Record Keeping, The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 115A NCAC 2H.0908 (f); 40 CFR 403.12 (o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3), 403.9 (b) (3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their SIUs, and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 512009 A47 A WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 17,'2013 Attn: David E. Thomson Associated Asphalt PO Box 12626 Roanoke, VA 24027 DIVISION 49 , _��'. QUALITY DEC 3 7 2013 Sere;.: GN 1i+JORCSVtL.°-U.0 L--GiONALOFFICE Subject: Receipt of permit renewal Permit NCO049905 Rowan County Dear Mr. Thomson: The NPDES Unit received your permit renewal application on December 16, 2013. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you -have any additional questions concerning renewal of the subject permit, please contact Ron Berry (919) 807-6396. Sincerely, Wren Thedford Point Source Branch cc: Central Files Mooresville Regional Office. NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-630M Fax: 919-807-64921Customer Service:1-877-623-6748 Internet:: www.ncwater.org An Equal OpportunitytAffirmative Action Employer NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617-Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO049905 Please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Associated Asphalt Salisbury, LLC Associated Asphalt Salisbury, LLC 1825 Jake Alexander Boulevard, West Salisbury North Carolina 28147 (704) 636-0781 (704) 636-2087 dprobst@associatedasphalt.com - Site local contact Doug Probst 2. Location of facility. producing discharge: Check here if same as above X Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity,:that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Associated Asphalt Salisbury, LLC Mailing Address 1825 Jake Alexander Boulevard, West City Salisbury State ./ Zip Code North Carolina 28147 Telephone Number (704) 636-0781 Fax Number (704) 636-2087 4. Ownership Status: Federal ❑ State ❑ .. Private X Public . ❑ Page 1 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 5171 6. Number of employees: 6 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If -the space -provided is not sufficient attach a separate sheet of paper with the system description. No ..treatment. 'occurs. :If there is . a, discharge, - it . is only.. storm .water; boiler condensate/blow down & softener blow down by way of the retention pond. S. Is facility covered under federal effluent limitation guidelines? No X Yes ❑ If yes, specify the category? 9. Principal product(s) produced: Liquid asphalt is received & sold Principal raw material(s) consumed N/A -.only fuels (natural gas and #2 fuels - backup) for on site boiler operation are consumed. - Briefly describe the manufacturing process(es): Liquid asphalt is received by rail, transferred to storage tanks and distributed by truck. Page 2 of 5. GMI 10/08 NPDES PERMIT APPLICATION ® SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed [List snecife amounts consumed and/or units of production over the last three uearsl Product Produced or Raw Material Throughput, not Consumed AVERAGE Product Produced or Raw Material Throughput, not Consumed PEAK . per Day 270 tons of liquid asphalt 1000 tons of liquid asphalt per Month 8,000 tons of liquid asphalt 24,000 tons of liquid asphalt per Year 100,000 tons of liquid asphalt 150,000 tons of liquid asphalt 11. Frequency of discharge: Continuous ❑ Intermittent X If intermittent: Days per week discharge occurs: N/A Duration: N/A 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average 0 0 - Boiler blow down/condensate and water softener Utility water, etc. - monthly average blow down would discharge from the pond via flow over the round Process water- monthly average 0 0 - Storm water flows to a retention pond and could be discharged through a valve (001). Alternately, it Stormwater - monthly average could discharge through outfall 002. That valve remains closed. No discharge has occurred in recent ears from either outfall. Other - monthly average Explain: 0 Monthly Average 0 total discharge (all types) 13. Number of separate discharge points: 2 Outfall Identification number(s) '001, 002 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Unnamed tributary of Grrant's Creek Page 3 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor -Industrial Minor industrial, manufacturing and commercial facilities. . 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily. maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table OALY for the parameters currently. monitored. Summarize the east 3 vears of effluent data. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids No discharge No discharge No discharge Ammonia as N Temperature (Summer) Temperature (Winter) pH Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not.applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) NCD000622571 NESHAPS (CAA) 08428R04 UIC (SDWA) N/A Ocean Dumping (MPRSA) N/A NPDES NCO049905 Dredge or fill (Section 404 or CWA) N/A PSD (CAA) N/A Other N/A Non -attainment program (CAA) N/A 17. List any chemicals that maybe discharged (Please list and explain source and potential amounts.) Boiler blow down/condensate (-50 gallons per day) Water softener blow down (-100 gallons per week) Page 4 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No X 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Samuel L. Cannon Vice President Operations Printed name of Person Signing Title Signature of Applicant Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) l/ /.i. %. \ ii a \ vl t \ •i�/.. �! \\) ♦ \�`"✓' ..�.' -�toi��' `-� � iQp% \_ ' J. I go()f' �\.` J/ - iV � t jp .it`,7( t,- �_,� f j]rr I ,. � p/ � ��� ��� ! ,. I ', F^^ r^.^ TI f--^_--_� _ I', , , I r ` a � � , . 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" - - - MILES - - 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET ep aMA Base Map Source(:Oulh Reference:- USGS 7 } Minute Topographic Associated Asphalt Salisbury, LLC Quadrangle Map 1825 Jake Alexander Boulevard, West QUADRANGLE LOCATION Rowan Mills, NC 2013 Salisbury, NC 28147 Cocl G„�,,,,,a cnl,rmmm * DRAWN R. RUSSELL 1z-to-zo13 S� e, - ASSOCIATED ASPHALT SALISBURY, LLC - - M CHECe o K. HARDESTY 12-10-2013 _ - T<T APPROVED K.HARDESTY 12-10-2013 SALISBURY, NORTH CAROLINA Cf..%A4 Rowan 'Ballsbury 13S MILS N _ MU' 5 MILS ENVIRONMENTAL QUALITY SITE LOCATION MAP . - C,, - MANAGEMENT, INC. _ SIZE PRQIECt NO. OWO NO. REV EnocNviile Grove Rockve0 UTM GRID AND 2013 MAGNETIC NORTH - IBM CARILLON BLVD., CINCINNATI. OHIO 45NO SCALE: 1"=500' " - DECLINATIONATCENTEROFSHEET PHIX4E513.525.]SBOIFN(513.825.14B5 - A 040185.0004 . FIGURE 1 0. NMNd.ECN.COM - - J December 13, 2013 North Carolina Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 DIVISION OF +s- : :.Va, QUALITY DEC 2 7 3 Mrv. . )MOORESVILL ;�.� ,�,�,i;,L OFFICr- i 16 I'll i DECLDENR-Ul;-; POINT SO6' - RICH RE: NPDES Renewal Application for Associated Asphalt Salisbury, LLC Gentlemen: Enclosed are an original and two copies of the renewal application for National Pollutant Discharge Elimination System (NPDES) Permit Number NCO049905 for Associated Asphalt Salisbury, LLC. The facility is located at 1825 Jake Alexander Boulevard, West; Salisbury, NC 28147. The application includes Short Form C, a general site map, and a specific site map indicating outfall locations. Through this submission Associated Asphalt Salisbury, LLC requests renewal of NPDES Permit Number NC0049905. Should you have questions or require more information, please contact me - direct line (540) 853-4305 or via email at. dthomsonCa)associatedasphalt. com. Sincerely, David E Thomson E H S Manager cc: Mr. Doug Probst, Associated Asphalt Salisbury, LLC P.O. BOX 12626 - ROANOKE, VIRGINIA 24027 - (540) 345-8867 - FAX (640) 345- 2470 www.associatedasphalt.com NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO049905 Please print or type. 1. Contact Information: Owner Name Associated Asphalt Salisbury, LLC Facility Name Associated Asphalt Salisbury, LLC Mailing Address 1825 Jake Alexander Boulevard, West City Salisbury State / Zip Code North Carolina 28147 Telephone Number (704) 636-0781 Fax Number (704) 636-2087 e-mail Address dprobst(iDassociatedasphalt.com — Site local contact Doug Probst 2. Location of facility producing discharge: Check here if same as above X Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Associated Asphalt Salisbury, LLC Mailing Address 1825 Jake Alexander Boulevard, West City Salisbury State / Zip Code North Carolina 28147 Telephone Number (704) 636-0781 Fax Number (704) 636-2087 4. Ownership Status: Federal ❑ State ❑ Private X Public ❑ Page 1 of 5 C-M 110/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 5171 6. .Number of employees: 6 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. No treatment occurs. If there is a discharge, it is only storm water; boiler condensate/blow down & softener blow down by way of the retention pond. S. Is facility covered under federal effluent limitation guidelines? No X Yes ❑ If yes, specify the category? 9. Principal product(s) produced: Liquid asphalt is received & sold Principal raw material(s) consumed N/A - only fuels (natural gas and #2 fuels - backup) for on site boiler operation are consumed. Briefly describe the manufacturing process(es): Liquid asphalt is received by rail, transferred to storage tanks and distributed by truck. Page 2 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed IT'kt RnpP h5r 11Mn1JntC !'.nn.C1'rM'-r7 nnr71nr 11n1f z n'f nrnrlm-f'inn niior fho lncf *hroo it -"—I Product Produced or Raw Material Throughput, not Consumed AVERAGE Product Produced or Raw Material Throughput, not Consumed PEAK per Day 270 tons of liquid asphalt 1000 tons of liquid asphalt per Month 8,000 tons of liquid asphalt 24,000 tons of liquid asphalt per Year 100,000 tons of liquid asphalt 1 150,000 tons of liquid asphalt 11. Frequency of discharge: Continuous ❑ Intermittent X If intermittent: Days per week discharge occurs: N/A Duration: N/A 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average 0 0 - Boiler blow down/condensate and water softener Utility water, etc. - monthly average blow down would discharge from the pond via flow over the ground Process water - monthly average 0 0 - Storm water flows to a retention pond and could be discharged through a valve (001). Alternately, it Stormwater - monthly average could discharge through outfall 002. That valve remains closed. No discharge has occurred in recent ears from either outfall. Other - monthly average Explain: 0 Monthly Average 0 total discharge (all types) 13. Number of separate discharge points: 2 Outfall Identification number(s) 001, 002 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Unnamed tributary of Grant's Creek Page 3 of 5 C-MI 10/08 V NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all otherparameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currentlu monitored. Summarize the nast 3 nears nf effluent_ data_ Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids No discharge No discharge No discharge Ammonia as N Temperature (Summer) Temperature (Winter) pH Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) NCD000622571 NESHAPS (CAA) UIC (SDWA) N/A NPDES NCO049905 PSD (CAA) N/A Non -attainment program (CAA) N/A 08428R04 Ocean Dumping (MPRSA) N/A Dredge or fill (Section 404 or CWA) N/A Other N/A 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Boiler blow down/condensate (-50 gallons per day) Water softener blow down (-100 gallons per week) Page 4 of 5 C-M 110/08 a NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial r Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No X 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Samuel L. Cannon Vice President Operations Printed name of Person Signing Title Signature of Applicant 12- 3-13 Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 5 C-MI 10l08 777 7 % e" 1fr� '�.®j j�+t'� �;�.y '•f Q�f�"/ ;,�//l�l , y(A, ;�; t�%�, Site Location A 1--F?nvvan Mills uadrangle �sj %P #Trp m AM F1' I WBA tttt� K� A T4 I --I, sou j T111 .61 VA HOS P-t Associzeited 70 Asp /` halt: !Site! � A of lu �.l)/,}rt)}�/ t r e � % : y^.i �� r4 (� q � .� '`. ♦L�� ..• 111 J_l I Nb mpill $,W ` `, � on `.� i 1 1 �+ � " /r y jlp��,.�i� ! �•�1 North t Rk T, to w S v V V A4 t �-' alisb r -1 C11 Nj� %Nit % 4 iN r / ; `'ia (�'� �' (1 r%�;,I I IFI J ` �4y, ' l ' ',-t �b r lwi i` ti'� Rl f 'i , .�Y 1 100 CLO - - SITE OUTFACE 002 LAT:35.68676 LONG.-80.50957 OUTFALL 001 CAT: 35.68506 LONG:-80.51012 1 0.5 0 KILOMETERS 1 2 1000 500 0 METERS 1000 2000 1 0.5 0 1 MILES 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET ■ NORTH AaoLwn Base Map Source (South): Reference: USGS 7 z Minute Topographic Associated Asphalt Salisbury, LLC Quadrangle Map 1825 Jake Alexander Boulevard, West QUADRANGLE LOCATION Rowan Mills, NC 2013 Salisbury, NC 28147 n90 SprCool Cooieemeo Cherchland * DRAWN R. RUSSELL 12-10-2013 ASSOCIATED ASPHALT SALISBURY, LLC M cHEc�D K. HARDESTY 12-10-2013 ''� APPROVED K. HARDESTY 12-,0-2013 SALISBURY, NORTH CAROLINA Clovoland Salisbury 139MILS N Mlllse IL 5MIL5 ENVIRONMENTAL QUALITY SITE LOCATION MAP Enochvllla cnlna MANAGEMENT,INC. saE PROJECTNO. DwG No. REV Rockvsll Grova UTM GRIDAND2013 MAGNETIC NORTH Ill.CgRILLON DLV)., CINCINNATI, OH1045240 SCP1E: 1"=SQQ' DECLINATION AT CENTER OF SH EET PHONE51].825.75MI FAX 513.825.7495 A 040185.0004 I FIGURE 1 1 0 WihVlFCM.CQM lor SOC PRIORITY PROJECT: No To: Western NPDES Unit Surface Water Protection Section Attention: Dina Sprinkle Date: February 11, 2009 NPDES STAFF REPORT AND RECOMMENDATIONS County: Rowan NPDES Permit No.: NC0049905 PART I - GENERAL INFORMATION 1. Facility and address: Associated Asphalt 1825 Jake Alexander Blvd Salisbury, NC 28147 2. Date of investigation: February 10, 2009 3. Report prepared by: Samar Bou-Ghazale, Environmental Engineer II 4. Person contacted and telephone number: Larry Ettel, (704) 872-9621 5. Directions to site: From the jct. of Highway 150 and Jake Alexander Blvd. (Highway 70/601) in Salisbury, travel north on Jake Alexander Blvd approximately 1.8 miles. Associated Asphalt, Inc. is located on the left side of the road. 6. Discharge point(s): Latitude: 35° 41' 03" Longitude: 800 30' 34" USGS Quad No.: E16NE Rowan Mills, NC 7. Receiving stream or affected surface waters: UT to Grants Creek. a. Classification: C b. River Basin and Subbasin No.: Yadkin 030704 C. Describe receiving. stream features and pertinent downstream uses: The discharge is into a dry ditch. The area downstream is rural with agriculture being the primary use. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Type of wastewater: 0% Domestic 100% Industrial b. Volume of wastewater to be permitted: N/A * Intermitent Discharge C. Types and Quantities of Industrial wastewater: Wastewater consists primarily of storm water runoff and approximately 1, 500 gpd of boilerblow-down water. in/ 19q Page Two C. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of a spill containment basin (capacity: 500,000gpd) and a series of subsurface drainage pipes leading to the basin. Effluent is discharged from the containment basin into a dry ditch by manually opening a gate valve at outfall 001. Also, storm water collected around tank 5 discharges by manually opening a gate valve at outfall 002. Neither basin had a discharge during 2007 and 2008. e. Possible toxic impacts to surface waters: N/A f. Pretreatment Program (POTWs only): N/A 2. Treatment plant classification: N/A 4. Compliance Background: Compliance has been good since there was no discharge for the past two years. PART III - OTHER PERTINENT INFORMATION Special monitoring or limitations (including toxicity) requests: N/A 2. Important SOC or Compliance Schedule dates: This facility is neither under an SOC nor is one being considered at this time. PART IV - EVALUATION AND RECOMMENDATIONS The permittee Associated Asphalt, Inc., is requesting permit renewal for its industrial wastewater treatment basins. It should be noted that there were no discharge from the treatment basin (outfall 001) during the past two years (2007-2008). Discharge from outfall 002 will not be expected given the small drainage area around basin 5 versus the large containment area. Pending review and approval by the Western NPDES Program Unit, it is recommended that the permit be renewed as requested. ✓ct��, � z-rf- v Signature of Report Date Water Quality Regional Supervisor bate 0 �0F W A TF9Q Michael F. Easley, Governor �0 �i William G. Ross Jr., Secretary C� r North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality • :, �, .ram �.t SAMUEL L CANNON JR VICE PRESIDENT OPERATIONS DEC 2 3 2008 ASSOCIATED ASPHALT PO BOX 12626 ROANOKE VA 24027 QW-'JUT10ca water proleev, on Subject: Receipt of permit renewal application NPDES Permit NCO049905 Salisbury Terminal Rowan County Dear Mr. Cannon: The NPDES Unit received your permit renewal application on December 19, 2008. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Thomas Belnick at (919) 807-6390. Sincerely, Dina Sprinkle NPDES Unit cc: CENTRAL FILES Mrc@oresv lle,K,49nal-office/Surface Water Protection NPDES Unit Dave Thomson, EH&S Manager, Associated Asphalt, P.O. Box 12626, Roanoke, VA 24027 Mailing Address Phone (919) 807-6300 Location NorthCarolina 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Nawna!ly Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: www.newaterguality.org Customer Service'1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper December 15, 2008 RECEIVED DEC 19 2008 Mrs. Dina Sprinkle North Carolina Department of Environment and Natural Resour .. WATER QUALITY Division of Water Quality / NPDES Unit �R 1617 Mail Service Center -oINT SOURCE BRANCH Raleigh, NC 27699-1617 Dear Mrs. Sprinkle: Enclosed are an original and two copies of the renewal application for National Pollutant Discharge Elimination System (NPDES) Permit Number NCO049905 for the Associated Asphalt facility in Salisbury, North Carolina. Note the renewal application contains the following: • NPDES Permit Application — Short Form C • A General Site Map • A Specific Site Map Showing Outfall Locations By this submission, Associated Asphalt, Inc. requests renewal of NPDES Permit Number NC0049905. If you have any questions, please contact me at (540) 853-4305. Si r ly, Dave Thomson Associated Asphalt EH&S Manager cc: Mr. Larry Ettel, Associated Asphalt, Inc. Mr. Andy Hetz, Environmental Quality Management, Inc. • Imo, V71 �# 'r,-4 DEC 2 3 2008 DWQ-Sur ocn Vlatcr Prclocsion P.O. BOX 12626 - ROANOKE, VIRGINIA 24027 - (540) 345-8867 - FAX (540) 345-2470 www.associatedasphalt.com P.PPPPP' NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO049905 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Associated Asphalt Salisbury, LLC Associated Asphalt Salisbury, LLC 1825 Jake Alexander Boulevard Salisbury North Carolina 28147 (704)636-0781 (704)636-2087 Local contact is Larry Ettel, lettel@associatedasphalt.com 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Associated Asphalt Salisbury, LLC Mailing Address 1825 Jake Alexander Boulevard City Salisbury State / Zip Code North Carolina 28147 Telephone Number (704)636-0781 Fax Number (704)636-2087 Page 1 of 4 C-MI 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal ❑ State ❑ Private 5. Standard Industrial Classification (SIC) code(s): 5171 6. Number of employees: 6 Public ❑ 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. NA - Only stormwater and boiler and water softener blowdown condensate are discharged. No treatment occurs. S. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? NA 9. Principal product(s) produced: liquid asphalt Principal raw material(s) consumed: not applicable - only fuels are consumed for operation of boiler on site Briefly describe the manufacturing process(es): Receipt, storage and distribution of liquid asphalt. Page 2 of 4 C-MI 03/05 1 PDES PERMIT APPLICATION - SHORT FORM C - Minor Igndustrian Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed (List specific amounts consumed and/or units of production over the last three nears) Product Produced or law Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Day 270 tons liquid asphalt 1000 tons liquid asphalt per Month 8,000 tons liquid asphalt 24,000 tons liquid asphalt per Year f100,000 tons liquid asphalt 150,000 tons liquid asphalt 11. Frequency of discharge: Continuous ❑ If intermittent: Days per week discharge occurs: NA Intermittent Duration: NA through outfall 002. A significant amount of stormwater collects within the berm before disharging through outfall 002. Observations indicate that this runoff dissipated and did not discharge though outfall 002 during 2007 and 2008. 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average 0 Utility water, etc. - monthly average 0 - boiler blowdown condensate and water softner blowdown are typically discharged to ground. Process water - monthly average 0 0 - stormwater is captured by a retention pond that is Stormwater - monthly average discharged through a valve that has not been opened in recent months Other - monthly average Explain: 0 Monthly Average 0 total discharge (all types) 13. Number of separate discharge points: 2 Outfall Identification number(s) 001, 002 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Unnamed tributary of Grant's Creek Page 3 of 4 C-MI 03/05 PPPPP"' N PIDES ]PERMIT APPLICATION - SNORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODS) < 2 (ND) mg/L Chemical Oxygen Demand (COD) <10 (ND) mg/L Total Organic Carbon 2.7 mg/ L '7j.'otal Suspended Solids 4 mg/ L Ammonia as N <0.1 (ND) mg/L Temperature (Summer) 82 (estimated) F Temperature (Winter) 46 F pH 8.0 dimensionless Fecal Coliform (If sanitary waste is present) NA NA Total Residual Chlorine (if chlorine is used) NA NA 16. List all permits, construction approvals anal/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) NCD000622571 NESHAPS (CAA) 08428R04 UIC (SDWA) NA NPDES NCO049905 PSD (CAA) NA Non -attainment program (CAA) NA Ocean Dumping (MPRSA) NA Dredge or fill (Section 404 or CWA) NA Other NA 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Boiler blowdown (<50 gallons per day) Water softner blowdown (<100 gallons per week) Page 4 of 4 C-MI 03105 P..PPPP"' NPD ES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No 13. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Samuel L. Cannon, Jr. Vice President Operations Printed name of Person Signing Title Signature of Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 4 C-MI 03/05 F"' 's ed Asphalt ite Location A- "I" Rowan Mills Quadrangle ::it DLEGEAWBA BMTIZ cIj% 'I F`% I" _jWSTOj 6, f- 46 F j X q. lip, `Associatediated halt Site—, As North jW k. Q; .4 j X N" PHI I X Xl Aunidn y _7 11: J Salisbury (JI cm. /v "T r % Urh R rK Associated Asphalt,. Salisbury - Stormwater• Runoff Map ! Sheet Flow , F Ir Outfall 002 (Through Valve Sheet in Berm) Lat:35.66676 Flow Long:-80.50957 Earthen Berm ,Ir Discharges Through Valve in Souteast Corner J Sheet Flow ^� �% Approximate;, Property BoundaryN �Jake Boulevard R Stormwater Retention Pond i Outfall 001 - (Controlled by , Valve Above Pond) Lat: 35.68506, Long:-8D.51012 1 s_. c; Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources DIVISION OF WATER QUALITY May 27, 2004 Mr. Larry Ettel Terminal Manager Associated Asphalt, Inc. 1825 Jake Alexander Blvd. Salisbury, North Carolina 28147 Subject: NPDES Permit No. NCO049905 Associated Asphalt Salisbury Terminal Rowan County, NC Dear Mr. Ettel: Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality Our records indicate that NPDES Permit No. NCO049905 was issued on May 24, 2004 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1517 (919) 733-7015 NW Customer Service 1 ;800 623-7748 The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. cerely, V� D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:NPDESLTR.WQ Mr. Larry Ettel Terminal Manager Associated Asphalt, Inc. 1825 Jake Alexander Blvd. Salisbury, North Carolina 28147 Dear Mr. Ettel: Michael F. Easley Governor ®�A William ` 'l. 9F� mp ENT NCDENR North Carolina Department of Environment a afu�al"Rds6&MRCES L'.�� � t � FiCE Alan W. Klimek, P.E. Direc Division of Water QuUT May 24, 2004 MAY 2 6 2004 o3 _L Subject: Issuance of NPDES Permit NCO049905 Associated Asphalt Salisbury Terminal Rowan County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on March 17, 2004. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in die form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 733-5083, extension 594. Sincerely, ORIGINAL SIGNED BY SU& LUX WILSON Alan mek, P.E. cc: NPDES Unit tIy'Pooresville Regional'Office/Water Quality_Seclion ) Central Files N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 Permit No. NCO049905 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, Associated Asphalt, Inc. is hereby authorized to discharge wastewater from a facility located at Associated Asphalt- Salisbury Terminal 1825 Jake Alexander Blvd. Salisbury, North Carolina Rowan County to receiving waters designated as an unnamed tributary to Grants Creek 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. The permit shall become effective July 1, 2004. This permit and the authorization to discharge shall expire at midnight on June 30, 2009. Signed this day May 24, 2004. ORIGINAL SIGNED BY SUSAN A. WILSON Alan Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NCO049905 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. Associated Asphalt, Inc. is hereby authorized to: 1. Continue to operate an existing 0.1 MGD spill containment basin with piping and manual gate valve, located at Salisbury Terminal, 1825 Jake Alexander Blvd., Salisbury, Rowan County, and; 2. Discharge boiler blowdown water and stormwater from spill containment structures from said treatment works (via Outfall 001) into an unnamed tributary to Grants Creek, a Class C water in the Yadkin Pee Dee River Basin, at the location specified on the attached map. i,l i� It ,! t ,, r - },. --. ,_ .-` - • , ._. 77 .L4 S ` I � ` ,,1} t \7 - } r {�� r !.h ,'�" � � i 1, � "�7 . •, r �f -' I$. •: • Cr r ; ; •,w4 f \ �' 2 ;. ,4 s+ ' t{ ! ,r}I c !`i� r 4! I e. , , . :. I y . _ t ♦ I a! w J .r r ! t j 3 ' E! F. •:, "�4i I )- �' �`! Y.-gn1sChi i 5 } � — �\ •I i' f I .� ! I it � w I ' -) � .� ; • � r '14 } I .'� .a e � 2 , _f, - 4 ._ r.-1;! , ti �t "�` 7 - C � r. •' `.. , r z.,it "r t , }. { ! �1r !mil } I � 1 � 1, r 1 I` ! 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Salisbury Terminal NCO049905 Rowan County Permit No. NCO049905 SECTION A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge stormwater and boiler blowdown water from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT -CHAR' TERISTICS EFFLUENT LIMITATIONS =MONlTO=RING REQ`.UIREM'ENTS Monthly ' Avorage, ,Weekly Average Daily Maxiinurn Measurement `° Frequency SampleJType Sample Location' Flow Quarterly Estimate E Total Suspended Residue 45.0 mg/L 67.5 mg/L Quarterly Grab E Total Residual Chlorine Quarterly Grab E Oil and Grease 45.0 mg/L 67.5 mg/L Quarterly Grab E Turbidity 50 NTU Quarterly Grab E Temperature3 Quarterly Grab E PH Quarterly Grab E Footnotes: 1. Sample locations: E- Effluent, I- Influent. 2. Monitoring requirements apply only if chlorine is added to the treatment system. 3. The temperature of the effluent shall be regulated so as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 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 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 completion of Biocide Worksheet 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, zinc, or copper added to the discharge except as pre -approved additives to biocidal compounds. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B-yRass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 NPDES Permit Requirements Page 2,of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 612012003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limits The average of all samples taken over a calendar quarter. Severe property damagce Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] - Version 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knoivingl y violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each, day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be -construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does.not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 612012003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee "is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Sienatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: 0) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 1 . The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 612012003 NPDES Permit Requirements Page 14 of 16 Division a- Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include .a compliance schedule for the development of a POTW Pretreatment Program -as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the ,approved pretreatment program, all provisions and regulations contained and referenced in the -Pretreatment Program Submittal are an enforceable part of this permit.. The Permittee shall operate its approved pretreatment program in, accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations. 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal- authorities, policies, procedures, and, financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the. following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate, legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include allusers of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a. Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) - for the development of specific pretreatment local limits. Effluent data from the Plan shallbe reported on the DMRs (as required by Part II, Section D, and Section.E.5..)., 4. Headworks Analysis HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180. days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written. technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in .40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, .and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and .the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. , , `Version 612012003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports , AR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summar�: Forms aDSF) Version 612012003 NPDES Permit Requirements Page 16of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding; and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCA.0 2H .0114 and 15A NCAC 2H .0907. Version 612012003 m SOC PRIORITY PROJECT: NO To: Permits and Engineering Unit Water Quality Section Attention: Sergei Chernikov Date: January 23, 2004 NPDES STAFF REPORT AND RECOMMENDATIONS County: Rowan NPDES Permit No.: NC0049905 MRO No.: 04-03 PART I - GENERAL INFORMATION 1. Facility and address: Associated Asphalt, Inc (formerly Inman Asphalt) 1825 Jake Alexander Blvd Salisbury, NC 28147 2. Date of investigation: January 22, 2004 3. Report prepared by: B. Dee Browder, Environ. Engr. I 4. Person contacted and telephone number: Larry Ettel, (704)636-0781 5. Directions to site: From the junction of Highway 150 and Jake Alexander Blvd. (Highway 70/601) in Salisbury, travel north on Jake Alexander Blvd approximately 1.8 miles. Associated Asphalt, Inc. is on the left side (west) of the road. 6. Discharge point(s), List for all discharge points: - Latitude: 350 41' 03" Longitude: 800 30' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. N/A USGS Quad No.: E 16 NE Rowan Mills, NC 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Slopes from 1 to 2%. The site is not located in a flood plain. Pr Page Two 9. Location of nearest dwelling: No dwelling within 500 feet of the site. 10. Receiving stream or affected surface waters: Unnamed Tributary to Grants Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin 03-07-04 C. Describe receiving stream features and pertinent downstream uses: The discharge is into a dry ditch. General Class C uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: N/A(Design Capacity) b. What is the current permitted capacity: N/A MGD C. Actual treatment capacity of current facility (current design capacity): N/A MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The facility consists of a spill containment basin (capacity 500,000 gallons) and a series of subsurface drainage pipes leading to the basin. Effluent is discharged from the containment basin into a dry ditch by a manual gate valve. Wastewater. collected in the containment basin consists primarily of storm water runoff and approximately 1,500 gpd boiler blow -down water. f. Description of proposed WWT facilities: N/A g. Possible toxic impacts to surface waters: None expected. h. Pretreatment program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: No residual are produced at this facility. a. If residuals are being land applied specify DEM Permit No. N/A. Residuals contractor: N/A Telephone No. ( )N/A b. Residuals stabilization: PSRP PFRP C. Landfill: N/A 3. Treatment plant classification: 0 Page Three 4. SIC Code(s): 2951 Wastewater Code(s): 73 16 5. MTU Code(s): 00000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with construction grant funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this time. 3. Important SOC/JOC or compliance schedule dates: N/A Submission of plans and specifications Begin construction Complete construction 4. Alternative analysis evaluation a. Spray irrigation: N/A b. Connect to regional sewer system: N/A C. Subsurface: N/A d. Other disposal options: N/A PART IV - EVALUATION AND RECOMMENDATIONS The permittee is applying for renewal of the permit to discharge waste . It is recommended that the permit be renewed as requested. This stormwater basin does not normally discharge primarily due to its large size. In 1999 additional storage was added to this basin to accommodate growth of the asphalt facility. The basin is designed for failure of both 300,000 gallon storage tanks on site. Currently the facility has 500,000 gallons of storage in the containment basin. Id 3 4C Signature of Report Preparer D to Water Quality Regional Supervisor bate h:\dsr\dsr99\.dsr State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Mr. Larry Ettel Associated Asphalt, Inc. 1825 JACK ALEXANDER BOULEVARD SALISBURY NC 28147 Dear Mr. Ettel: . VO? 0 January 2, 2004 JAN 0 7 2004 WATER QUALITY SECTION Subject: NPDES Permit Renewal Application Permit NCO049905 Inman Asphalt — Salisbury Plant Rowan County The NPDES Unit received your permit renewal application on December 30, 2003. Thank you for submitting this package. Your permit renewal application has been assigned to Sergei Chernikov for review. We regret to inform you that the NPDES Unit has not been fully staffed since March 1998. This staff shortage has delayed many permit renewals. While we do not expect severe delays in processing your permit renewal, be aware that your permit is one of many our staff is currently reviewing. If this staff shortage delays reissuance of NC0049905, the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we work to resolve the backlog of projects. If you have any additional questions concerning renewal of the subject permit, please contact Sergei Chernikov at (919) 733-5083, extension 594. Sincerely, Valery Stephens Point Source Unit oresviileWregional Office, Water Quality Section NPDES File Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Valery.Stephens@ncmail.net ppppppp- I ITP r RTP ENVIRONMENTAL ASSOCIATES, INC.° December 22, 2003 AIR • WATER • SOLID WASTE CONSULTANTS 1900 South Highwoy 14, Suite 4-13 Greer., SC 296SO (864) 848-1303 Fax: (864) 848-131 1 Mr. Charles H. Weaver, Jr. NC DEHNR / DWQ / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. Weaver: ft DEC 3 0 2003 DENR-W/VFER QUALITY POINT SOURCE B'riA1 Enclosed is the application form for the renewal of the NPDES permit for Associated Asphalt, Inc. located in Salisbury, North Carolina (formerly Inman Asphalt Inc.). The facility operations have not changed. The facility does not have a sludge management plan, since this is only storm water which collects in the spill containment basins, and the facility does not generate sludge. Please renew the NPDES permit for the Associated Asphalt, Inc., Salisbury, NC facility. If you have any questions, please call Mr. Larry Ettel at Inman Asphalt (704) 636- 0781, or me at (864) 848-1303. Sincerely, R//TP ENVIRONMENTAL ASSOCIATES, 'INC.° Cheryl C. Buehring Project Manager cc: Larry Ettel - AAI, Salisbury 2305.04/npdes.Itr/2305-1 . 0 - I PPIP-7 NPDES PERMITAPP;I.ICATION - SHORT FORM C For manufacturing or commercial'facilities with a discharge <1 MGD (or WTPs) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number NC00 49905 Please print or type 1. Applicant and facility producing discharge A. Name: Associated Asphalt. Inc. (formerly Inman Asphalt) B. Mailing address of applicant: Street address: 1825 Jake Alexander Blvd City: Salisbury County: Rowan State: NC Zip Code: 28147 Telephone Number ( 704 ) 636-0781 Fax Number ( 704 ) 636-2087 e-mail address NA C. Location of facility: Contact Person Larry Ettel Street: 1825 Jake Alexander Blvd City: Salisbury County: Rowan State: NA Zip Code: 28147 Telephone Number ( 704 ) 636-0781 2. Standard Industrial Classification (SIC) code(s): 2951 3. Number of employees: 9 4. Principal product(s) produced: Liquid asphalt storage terminal Principal raw material(s) consumed: None consumed — storage & transfer only 5. Principal process(es): liquid asphalt is shipped in by rail stored in tanks and shipped out in tank trucks 6. Amount of principal product produced (or raw material consumed) 11 ief enorifir omminfc rnnciimprl andinr iini4c of nmrinc4inn) Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Da per Month per Year 91,000 tons 7. Check here if discharge occurs all year ❑ , or stormwater only discharged when it does not evaporate — can occur in any month, usually only released once per year or less. Circle the month(s) in which discharge occurs: January February March April May June July August September October November December Page 1 of 2 Version-1112000 SOC PRIORITY PROJECT: Yes No x If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section Attention: Tom Belnick Date: March 15, 1999 NPDES STAFF REPORT AND RECOMMENDATION County: Rowan Permit No. NC0049905 PART I - GENERAL INFORMATION 1. Facility and Address: Inman Asphalt, Inc. 1825 Jake Alexander Boulevard Salisbury, North Carolina 28147 2. Date of Investigation: 03-03-99 3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer I 4. Persons Contracted and Telephone Number: Mr. Larry Ettel, Terminal Manager; Tel# (704) 636-0781. 5. Directions to Site: From the junction of Highway 150 and Highway 70/601 (Jake Alexander Boulevard)in Salisbury, _Rowan County,�kravel north on Highway 70/601 approximately 1.8 miles. Inman Asphalt, Inc. Is on the left side (west)of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 350 41' 03" Longitude: 800 30' 34" Attach a U.S..G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: E 16 NE USGS Name: Rowan Mills 7. Site size and expansion are consistent with application? Yes_ No If No, explain: N/A 8. Topography (relationship to flood plain included): Slopes ranges between 1 to 20. The containment basin is not located within the 100 year flood plain. 4 o/v .,/V � I AA .�c , ! r 9. Location of nearest dwelling: No dwelling within 500 feet of the site. 10. Receiving stream or affected surface waters: Unnamed tributary to Grants Creek. a. Classification: C b. River Basin and Subbasin No.: Yadkin and 03-07-04 C. Describe receiving stream features and pertinent downstream uses: The discharge is into a dry ditch that is tributary to Grants Creek. Downstream users are unknown. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0% Domestic 100% Industrial a. Volume of wastewater to be permitted: N/A MGD * Int.ermittent Discharge b. Types and Quantities of industrial wastewater: Wastewater collected in the containment basin consists primarily of storm water runoff and approximately 1,500 gpd of boiler blow -down water. C. Please provide a description of existing or. substantially constructed wastewater treatment facilities: The existing facility consists of a spill containment basin (capacity: 100,000 gpd) and a series of subsurface drainage pipes leading to the basin. Effluent is discharged from the containment basin into a dry ditch by manually opening a gate valve. f. Please provide a description of proposed wastewater treatment facilities: N/A. g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A. 2. Residuals handling and utilization/disposal scheme: N/A 3. Treatment plant classification (attach completed rating sheet): N/A 4. SIC Code(s): 2951 Page 2 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 73 Secondary: 16 Main Treatment .Unit Code: 0000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A. 2. Special monitoring or limitations (including toxicity) requests: None. 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A. . 5. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials used at the facility. 6. Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS The Permittee, Inman Asphalt, In., is requesting permit renewal for its industrial wastewater treatment basin. It is recommended that the permit be renewed as requested. Signature of Re rt Preparer Water Quality Date Tonal Supervisor Page 3 - hl � n q� N � �►oc�' �� �o oo�� �ojv i ► w���, s�C�� m N MN /I/ 996b v :A Ri 99 UN/ Ol '/IV Z'F LN/Od HE)/H (Afyn9s/7vs) R III ,.{ I ': •'. '' \� '•l(((IM l :5 \j L O if II ���_% i � �• �• '�-� � • C`,� '� � ` � p�'` I�� "\ O / ", II \\ • �• ' I , �1 ��� ��\ sue? i r 1, � '•a .,\ � ;i �.�ill�;:r l�r `, ,f % ;5 ill / .'��• � .�C�� ^` r� ., // /)�^ram r-f' ,' � I• �� � - _��� '•- O ^ ` 11• � Il war � 1 -�1` \ \ •1 • /-- .150 • ��`:� 11 / ^, r /' 1 it 750 I� � �'�� � � .��\ ` � • \gip ^ // �\\ V •�i � ^ . � I / �� /l/F/V g; State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Larry Ettel Inman Asphalt, Inc. 1825 Jake Alexander Boulevard Salisbury, North Carolina 28147 Dear Mr. Ettel: January 8, 1999 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANg'p—Aftaft-WOU�RgC�ES AM 14 1999 �C�w�s �^ cnewal Application .al The Division received your permit renewal application and permit renewal fee of $200.00 (paid by check # 0,01635) on December 29, 1998. Thank you for submitting this package in a timely fashion. The Division previously received your request that RTP Associates will act as your Authorized Representative for purposes of renewing this permit. The permit renewal for this facility has been assigned to Tom Belnick of the NPDES Unit staff. Mr. Belnick will contact RTP Associates if further information is needed to complete the permit renewal. If you have any additional questions concerning renewal of the subject permit, please contact Mr. Belnick at (919) 733-5083, extension 543. Sincerely, Charles H. Weaver, Jr. NPDES Unit i cc: Central Files Moc�;e_svi.�l�le I2egiona11®fifce, y4'ater Q.ualiy Section; NPDES File Cheryl Buehring, RTP Environmental Associates P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us RTP ENVIRONMENTAL ASSOCIATES INC.° AIR • WATER • SOUD WASTE CONSULTANTS 1900 South Highway 14 • Suite 4-6 Greer, South Corolino 29651 (864) 848-1303 (rtpsc@rtpenv.com) Fax: (864) 848-131 1 December 16, 1998 Mr. Charles H. Weaver, Jr. NC DEHNR / DWQ / NPDES P. 0. Box 29535 Raleigh, INC 27626-0835 Dear Mr. Weaver: Enclosed is the application form for the renewal of the NPDES permit for Inman Asphalt; Inc. located in Salisbury, North Carolina. The facility operations .have not changed. There is, however, a second spill containment structure around three (3) liquid asphalt storage tanks at the facility. The facility does not have a sludge management plan, since this is only storm water which collects in the spill containment basins, and the facility does not generate sludge. Please renew the NPDES permit for the Inman Asphalt Salisbury, NC facility. a If you have any questions, please call Mr. Larry Ettel at Inman Asphalt (704) 636- 0781, or me at (864) 848-1303. Sincerely, RTP ENVIRONMENTAL ASSOCIATES, INC.® Cheryl C. Bue ring Project Manager cc: Larry Ettel - Inman, INC C1J r' 2305.04/npdes.1tr/ccb007 . 4 NPDES PERMIT APPLICATION - SHORT FORM C To be filed only by persons engaged in manufacturing and mining N. C. Department of Environmen( and Natural Resources Division of Water Quality I NPDES Unit P.O. Box 29535, Raleigh, NC 27626-0535 Please print or type 1. Applicant and facility producing discharge A. Name Inman Asphalt, Inc. Salisbury Terminal B . Mailing address of applicant: 1. Street address 1825 Jake Alexander Blvd 2. City. Salisbury 3 Count, Rowan 4. State NC 5. Zip Code 28147 C. Location of facility: 1. Street same as mailing address 2. City 3. County 4. State _ 5. Zip Code D. Telephone Number (7 0 4 )-6 -i6- p 7 R 1 ' E. Fax Number ( 704) 636-2087 2. Standard- Industrial Classification (SIC) code(s): 2951 3. Number of employees: 9 4. Principal product(s) produced: Liquid Asphalt Storage Terminal Principal raw material(s) consumed: Liquid Asphalt 5. Principal process(es): Liquid asphalt received in bulk into storage tanks shipped out in tank trucks to asphalt plants 6. Amount of principal product produced or raw material consumed (List svecific amounts consumed and/or units of vroduction) Product Produced or Product Produced or Raw Material Consumed Raw Material Consumed (AVERAGE) (PEAK) per Da per Month per Year 91,000 tons 7. (a) Check here if discharge occurs occurs all year or No discharge in 1998 - this is only for spill containment - stormwa r is discharged ply if (b) Circle the month(s) in which discharge occurs: January FePbruary March Apri� it does nc evaporate May June July August September October November December (c) Days per week discharge occurs: NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. Short Form C Version 9-97 NPDES PERMIT APPLICATION - SHORT FORM C To be filed only by persons engaged in manufacturing and mining Types of wastewater discharged to surface waters only (check as applicable). ischarge per operating day Flow GALLONS PER OPERATING DAY) o ume treat ore discharging (PERCENT) Sanitary - daily average Cooling water, etc. - daily average Process water - daily average Maximum per operating day for total discharge (all types) stormwater from containment I dischar area only - no 9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the amount(s) discharged below: A. Municipal sewer system gpd B . Underground well rpd C. Septic tank and D. Evaporation lagoon or pond epd E. Other, specify gpd 10. Number of separate discharge points: 2 11. Name of receiving water(s)- unnamed tributary to Grants Creek 12. Does your discharge contain or is it possible for your discharge to contain. one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: Stormwater only - none expected aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel oil and grease phenols selenium zinc None of the above I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. L Pv i .L7. E-rT'1rL I M� jA,-' AnA6-C1Z- Printed name of Person Signing Title C% of Apollcant._ . . _ . Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be iy of a misdemeanor punishable by a fine not to exceed $10,000, orby imprisonment not to exceed six months, or -by both. 18 . S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Short Form C Version 9-97 • State of North Carolina Department of Environment, Health and Natural Resources SDivision of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Warren Hughes Inman Asphalt, Inc. 1825 Jake Alexander Blvd. West Salisbury, North Carolina 28147 Dear Mr. Hughes: A TWIWA A M i� �EHN F1 Ma MM Qpo May 12, 1996 FEB 012 1999 Subject: Permit Modification -Name and Ownership Change Inman Asphalt, Inc. NPDES No. NCO049905 (formerly Chevron Oil) Rowan County In accordance with your request received April 14, 1996, the Division is forwarding the subject permit. The only change in this permit regards name and ownership. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. 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 Mangement Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Ms. Jennifer Wolfe at telephone number (919)733-5083, extension 538. Sincerely, Original Signed By David A Goodrich A. Preston Howard, Jr., P.E. cc: Central Files Mooresville Regional Office, Water Quality Section Permits and Engineering Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCO049905 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, 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, Inman Asphalt, Incorporated is hereby authorized to discharge wastewater from a facility located at Salisbury Terminal 1825 Jake Alexander Blvd. Salisbury Rowan County to receiving waters, designated as an unnamed tributary to Grants Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV hereof. The permit shall become effective May 12, 1997 This permit and the authorization to discharge shall expire at midnight on July 31, 1998 Signed this day May 12, 1997 Original Signod t, Devid A Gooddih A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET Inman Asphalt, Inc. is hereby authorized to: Permit No. NC0049905 1. Continue to operate an existing 100,000-gallon spill -containment basin with grit chamber, piping, and gate valve located at Salisbury Terminal, 1825 Jake Alexander Blvd., Salisbury, NC 28144, Rowan County (See Part III of this Permit), and 2. After receiving an Authorization to Construction from the Division of Water Quality, make any necessary modifications to meet the limitations in this permit, and 3. Discharge from said works at the location specified on the attached map into an unnamed tributary to Grants Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. Ch li'Maoed nia Ch 1% 0 N 805 7-no -4 757 -Z 'ank ... .. V N I BM 712 Qc> ep J.f. 0 00 J Tank - V Pa ger. a r k V J." 4stal '.o M pin S'ta on -90' NOV )L!l N 7 RadioC C-t Tow6rs A T 756.. anch ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD, HARD OR HARD SURFACE IMPROVED SURFACE SECONDARY HIGHWAY HARD SURFACE UNIMPROVED ROAD Latitude 35041'09" Longitude 80030'35" Map# El 8NE Sub -basin 030704 Stream Class C Discharge Class 73 14 16 Receiving Stream UT to Grants Creek. Design Q Variable Permit expires 7/31/98 SCALE 1:24 000 0 1 MILE 0 7000 FEET tn!ffl F=4414.4 0 1 KILOMETER RRR-4 CONTOUR INTERVAL 10 FEET QUAD LOCATION Inman Asphalt, Inc. NCO049905 Rowan County A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO049905 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Lbs/dAy Units (specify) Mon. Avg, Daily Max Mon, Avg, Daily Max. Flow Temperature**** • .Total Residual Chlorine*** TSS**** 45.0 mg/I 67.5 mg/1 Oil and Grease**** 45.0 mg/I 67.5 mg/I Turbidity"" 50 NTU Monitoring Requirements Measurement Sample *Sample Frequ.ency Tvpe Locatonn Quarterly Estimate E Quarterly Grab E, U, D Quarterly Grab E Quarterly Grab E Quarterly Grab E Quarterly Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES IN BIOCIDAL COMPOUNDS (SEE PART III OF THIS PERMIT). * Sample Locations: E -Effluent ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. *** Monitoring requirements only apply if chlorine is added to the cooling water. ****The limits for temperature, TSS, Oil & Grease, and Turbidity shall be in effect on December 1, 1995. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See. Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored quarterly at the Effluent by grab sample. Th ire shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NCO049905 E. The Permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in the treatment system which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map indicating the discharge point and receiving stream. Concentrations of chromium,. copper, or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from the Biocide Worksheet Form 101 with Supplemental Metals Analysis Worksheet. --�.JAMES B. HpNT JR. -,GOVERNOR '^ 'PILL" HOLMAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 10, 1999 Mr. Larry Ettel Inman Asphalt, Inc. 1825 Jake Alexander Blvd. Salisbury, North Carolina 28147 Subject: NPDES Permit No. NCO049905 Inman Asphalt - Salisbury Terminal Rowan County, NC Dear Mr. Ettel: Our records indicate that NPDES Permit No. NCO049905 was issued on October 27, 1999 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5 . Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our _ Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent � enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and �3 special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SOq RECYCLED/10% POST -CONSUMER PAPER a Mr. Larry Ettel November 10, 1999 Page No. 2 noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that the Division of Water Quality reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure G:\DEM\WQ\SHARED\SHELLDOC\INMANNPD.LTRDRG/de State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Larry Ettel Inman Asphalt, Inc. 1825 Jake Alexander Blvd. Salisbury, North Carolina 28147 Dear Mr. Ettel: 1v NCDENR October 27, 1999xx'3 �?cr rr' i=ks �Jq 10 1999 Subject: NPDES Permit Issuance Permit No. NCO049905 Inman Asphalt- Salisbury Terminal Rowan County In accordance with the application for discharge permit received on December 29, 1998, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. permit: The following items included in the DRAFT permit have been retained in this FINAL Deletion of instream monitoring for temperature, based on consistency with General Permit conditions. • Change the permit expiration date to June 30, 2004. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable except after notice to the Division of Water Quality. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. The Division of Water Quality may require modification or revocation and reissuance of the permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper NPDES Permit Issuance Permit No. NCO049905 Inman Asphalt- Salisbury Terminal Page 2 This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit, please contact Tom Belnick at telephone number (919) 733-5083, ext.. 543. Sincerely, Original Signed By Pavid A. Goodrich Kerr T. Stevens Enclosure: NPDES Permit No. NCO049905 cc: r1Tu�i]vl Y�:' +�o , uCg!llt Point Source Compliance Enforcement Unit Central Files NPDES Unit Permit No. NCO049905 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, Inman Asphalt, Inc. is hereby authorized to discharge wastewater from a facility located at Inman Asphalt- Salisbury Terminal 1825 Jake Alexander Blvd. Salisbury, North Carolina Rowan County to receiving waters designated as an unnamed tributary to Grants Creek 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 W hereof. The permit shall become effective December 1, 1999 This permit and the authorization to discharge shall expire at midnight on June 30, 2004. Signed this day October 27, 1999 Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0049905 SUPPLEMENT TO PERMIT COVER SHEET Inman Asphalt, Inc. is hereby authorized to: 1. Continue to operate an existing 0.1 MGD spill containment basin with piping and manual gate valve, located at Salisbury Terminal, 1825 Jake Alexander Blvd., Salisbury, Rowan County, and; 2. Discharge boiler blowdown water and stormwater from spill containment structures from said treatment works (via Outfall 001) into an unnamed tributary to Grants Creek, a Class C water in the Yadkin Pee Dee River Basin, at the location specified on the attached map. \v. � I UP ;I', ti'$J. / Imo. .1 ••1 :��• y��\\. •\�•�` %�� o,` jr ;, fir, % i'/! _ •• ��� ��' �' �. _ t/1 i \\II( fir' '13' •• �Saaed nos ' • � 805 750 '�>.f � ✓��\.�\ �': f. �`� \_;•� ,_Tank=_. �• '� �• Il�-� � .\ n . ' w ( Cam: \C • ~ ' � . �—p :•: `V--; `� Pam. �:. �,' \�\ •••-:• .` ` `'.�i T a' ems' I• �;•� �^r%; \ , moo. J V `�� J'. 6- '�A • -: o • c C � � 2,\\ � - �.�, /^$,i r� /\Q�, Q, i1, C h• r eQ/�ii Latitude: 35' 41' 03" Longitude: 800 30' 35" USGS Quad #: E16NE River Basin #: 03-07-04 Receiving Stream: UT Grants Creek• Stream Class: C 40 zf: 40 -) Inman Asphalt, Inc. Salisbury Terminal NCO049905 Rowan County Permit No. NCO049905 SECTION A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge stormwater and boiler blowdown water from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: k. 'E <. ✓'� r -Y€ r r €'>y S .. � � r :. � �,� r� :' C ,.,$ r ��.. ,Y, xi � � 4 -_k � J 7 y� 7 � ,. .�. �1"IF N l�II 1T/1'F1tDI11S _ _ r liliailvlTQ IiVG R UI iJ EI�11' S �i,f. A 4 ,.}..�y^ 3` In> � t 7 u'k�� { f % U"7Y�' '>" ; Y u f �4.-.. f., Y ?, a '``Nt `■{� F �Ict ILWEN_T- "§C_ HA' � 1 � .6 �,•.� � �` � Sa '7e � ��;�� �=� ,.� vM"easureme�t „ Flow Quarterly Estimate E Total Suspended Residue 45.0 mg/I 67.5 mg/I Quarterly Grab E Total Residual Chlorine Quarterly Grab E Oil and Grease 45.0 mg/I 67.5 mg/I Quarterly Grab E Turbidity 50 NTU Quarterly Grab E Temperature Quarterly Grab E pH` Quarterly Grab E Footnotes: 1. Sample locations: E- Effluent, I- Influent. 2. Monitoring requirements apply only if chlorine is added to the treatment system. 3. The temperature of the effluent shall be regulated so as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 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 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 completion of Biocide Worksheet 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, zinc, or copper added to the discharge except as pre -approved additives to biocidal compounds. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I &C±+on B. Schedule of Compliance L The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary, to operate the existing facilities at optimum efficiency., 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMMQ 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 Lz 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. . c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum .Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is'the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part Il ' 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 greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part 11 Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000. per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,.any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 US.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 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum. amount of any Class 11 penalty not to exceed $125,000. Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part I1, C4) and "Power Failures" (Part 11, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended., 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. SeverabilitX The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatoly RC,quirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law; that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information 'submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II . Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ) 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 02erator_ Pursuant to Chapter 90A-44 of ' North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. -- Part II Page 8 of 14 3. ► eed +o 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. Bv_nassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (0 The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 5. URsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 11, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated- wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part H Page 10 of 14 SECT10N D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new. facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must, be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for TamRgn The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report of application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f . The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit, c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification ' or revocation and reissuance of the permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or fonns provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Repgrting 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 1437215.1(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. 9 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. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels' (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Permit NCO049905 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, Inman Asphalt, Inc. is hereby authorized to discharge treated wastewater from a facility located at Salisbury Plant Salisbury Rowan County to receiving waters designated as subbasin 30704 in the Yadkin -Pee Dee River basin. in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 21, 1998. The permit and authorization to discharge shall expire on June 30, 1999. Signed this day September 21, 1998. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Larry Ettel Salisbury Plant 1825 Jake Alexander Boulevard West Salisbury, NC 28147 Dear Permittee: September 21, 1998 i ,I IrA NC.nID.ENR OCT 5 1998 40 .:L::,«17 Subject: Modification of NPDES Permit No. NCO049905 Inman Asphalt, Inc. Rowan County The Division is beginning the second five-year cycle of river basin planning and permit renewals. An examination of the basin planning schedule has revealed that the timing of permit renewals does not allow an evenly distributed workload as first envisioned. This results in problems with the efficiency and effectiveness of the NPDES program. In an effort improve customer service, and after thorough review of the water quality issues in your area, the Division is changing the permit renewal schedule for all NPDES permits in your sub -basin. This permit modification changes the expiration date of the subject permit to June 30, 1999. Please find enclosed the revised permit cover page. Insert the new cover page into your permit and discard the old page. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U: S. Environmental Protection Agency. If you have already submitted a permit renewal application for the subject facility, the Division will retain the application until your permit is due for renewal. No additional forms or fees will 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 questions about this modification, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, Preston Howard, ?.,.E. cc: Central Files ENlooresville Regional-Gffice,=Water Quality_ Section; Roosevelt Childress, EPA NPDES Unit Files Point Source Compliance Enforcement Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us State of North Carolina Department of Environment and Natural Resources' .Division of Water Quality James B. Hunt, .Jr., Governor �Wayne: McDevitt;'Secretary �_ - _ A. Preston Howard, Jr., P-:E:; Director Larry Ettel - Inman Asphalt, Inc. . 1825 Jake Alexander Blvd West Salisbury, NC 28147 Dear Permittee: A N C DENR_ November 10; 1998 NOV 10 W98 Subject: Renewal of NPDES Permit NCO049905 Salisbury plant Rowan County The subject permit expires on June 30, 1999. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than January 1, 1999. Failure to request renewal by January 1, 1999 will result in a civil assessment of at least $250.00. Large_ r penalties may be -assessed depending upon the delinquency of the request. If any wastewater discharge will occur after June 30, 1999 (or if continuation of the permit is desired), the permit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after June 30, 1999 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. If all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the Mooresville Regional Office at to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items which you must submit when applying for renewal of the subject permit. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed below. Sincerely, Charles H. Weaver, Jr. / NPDES Unit cc: Central Files gores,t e e'er anal. 'fF;r ihiaterj ualitj Egtion, - - -- NPDES Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us _ - NC DENR /-DWQ-/ NPDES a t„eriitRenewaA pphcaions P; N ..Renewal Package Checklist" r _ NPDES Perrrut 1VC0049905 Inman Asphalt,'Inc� 7r z is SRowan County _ - c a The.%llowing items arekR,EQUIRED for. all:renewal packages: -- - A cover letter requesting the renewal and documenting any changes at the fa' - since. issuance of the last ermit. Submit one signed original and two c copies. op es. The completed,apphcationform (copy attached), signed by y the permittee or an Authorized' Representative Submit one .signed original ;and two copies =;If.anA-dthorizedRepresentative is preparing the renewal package, documentation must be provided h o6I the permittee defining the person or company preparing the -renewal as an Authorized Representative (see Part H.B.11.b. of the NPDES = ' permit). A renewal fee *of _$200 in -.accordance with 15A NCAC 2H .0105(b). The fee is based on permitted wastewater flow from the Salisbury plant discharge. Make checks payable to NC DENR. See the note below concerning fee amounts. A narrative description of the sludge management plan at the subject facility. If .your facility has no 'sludge _management plan, explain the reason for this in your cover letter.- Submit one original and two copies. = The:follow..ngrequirement does NOT;applyto municipal or. non industrial facilities The following item applies tolndustrial facilities only: s � - Industrialfacilities classified as -Primary Industries (listed 'in Appendix A of Title 40 of "the` Code of-FederalRegulations, Part 122) �nusi'Siibmit a Priority -:Pollutant -Analysis: ; -=- . =in accordance"with:40 ;CFR Part122.21: Send the completed renewal package and appropriate fee to: Mr. Charles H..Weaver, Jr. 'NC DENR /DWQ /NPDES P.O. Box 29535. _Raleigh, North Carolina.27626-0535 For:renewalpackages,postmarked on or prior:to-January,l, 1999, submit -a fee of $200. For renewal packages postmarked AFTER -January 1,1999, -submit a fee of-$400. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality , James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Warren Hughes Inman Asphalt, Inc. 1825 Jake Alexander Blvd. West Salisbury, North Carolina 28147 Dear Mr. Hughes: TO AV [DEHNF=1 May 12, 1996 FES i o Subject: Permit Modification -Name and Ownership Change Inman Asphalt, Inc. NPDES No. NCO049905 (formerly Chevron Oil) Rowan County In accordance with your request received April 14, 1996, the Division is forwarding the subject permit. The only change in this permit regards name and ownership. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. 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 Mangement.Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Ms. Jennifer Wolfe at telephone number (919)733-5083, extension 538. Sincerely, . Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. cc: Central Files Mooresville Regional Office, Water Quality Section Permits and Engineering Unit. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper r Permit No. N CO049905 STATE OF NORTH CAROLINA. DEPARTMENT OF ENVIRONMENT, HEALTH, 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, Inman Asphalt, Incorporated is hereby authorized to discharge wastewater from a facility located at Salisbury Terminal 1825 Jake Alexander Blvd. Salisbury Rowan County to receiving waters designated as an unnamed tributary to Grants Creek 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. The permit shall become effective May 12, 1997 This permit and the authorization to discharge shall expire at midnight on July 31, 1998 Signed this day May 12, 1997 Original. SiQnsd t,�. Q�rid Al Goodri-eh A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET Inman Asphalt, Inc. is hereby authorized to: Permit No. NC0049905 1. Continue to operate an existing 100,000-gallon spill -containment basin with grit chamber, piping, and gate valve located at Salisbury Terminal, 1825 Jake Alexander Blvd., Salisbury, NC 28144, Rowan County (See Part III of this Permit), and 2. After receiving an Authorization to Construction from the Division of Water Quality, make any necessary modifications to meet the limitations in this permit, and 3. Discharge from said works at the location specified on the attached map into an unnamed tributary to Grants Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. -7 ern EwTry N -2 Ch /n % • �Tda-oed ni"EL Cb X % 805 's 700 IF- 750 7 7 j -7 r ank I SBU \\_IX V 4 7772) I e -�E, 0lttE Tank - ailer: Park b bo 0/ C, ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD, HARD OR HARD SURFACE IMPROVED SURFACE SECONDARY HIGHWAY HARD SURFACE UNIMPROVED ROAD Latitude 35141'09" Longitude 80130'35" Mao # El 8NE Sub -basin 030704 Stream Class C Discharge Class 73 14 16 Receiving Stream UT to Grants Creek. Design Q Variable Permit expires 7/31/98 _.'\'Purnpin Sla Ion 5� N \ Ye d Tow' (WS 6n, SCALE 1:24 000 0 1 MILE F;RR�� 0 7000 FEET 0 1 KILOMETER -I--- CONTOUR INTERVAL 10 FEET QUAD LOCATION Inman Asphalt, Inc. NCO049905 Rowan County L A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO049905 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the pennittee as specified below: Effluent Characteristics Discharge Limitations Lbs/day Units (specify) Mon. Avg. Daily Max Alton. Avv . Daily Max. Flow Temperature**** Total Residual Chlorine*** TSS**** 45.0 mg/I Oil and Grease**** 45.0 mg/I Turbidity**** 0 Measurement sample Frequency Type Quarterly Estimate Quarterly Grab - Quarterly Grab 67.5 mg/I Quarterly 67.5 mg/I Quarterly 50 NTU Quarterly Grab Grab Grab THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES IN BIOCIDAL COMPOUNDS (SEE PART III OF THIS PERMIT). E E,U,D E E E E * Sample Locations: E - Effluent ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. ***Monitoring requirements only apply if chlorine is added to the cooling water. ****The limits for temperature, TSS, Oil & Grease, and Turbidity shall be in effect on December 1, 1995. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored quarterly at the Effluent by grab sample. Ti 're shall be no discharge of floating solids or visible foam in other than trace amounts. s Part IIf . Permit No. NCO049905 E. The Permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in the treatment system which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map indicating the discharge point and receiving stream. Concentrations of chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from the Biocide Worksheet Form 101 with Supplemental Metals Analysis Worksheet. To: Permits and Engineering Unit Water Quality Section Date: March 31, 1992 NPDES STAFF REPORT AND RECOMMENDATIONS County: Rowan NPDES Permit No.: NC0049905 MRO No.: 92 - 53 PART I - GENERAL INFORMATION 1. Facility and Address: Chevron U. S. A., Inc. 1825 Jake Alexander Boulevard Salisbury, North carolina 28144 2. Date of Investigation: March 30, 1992 3. Report Prepared By: G. T. Chen 4. Person Contacted and Telephone Number: Mr. L. A. Blackman, Plant Supervisor; (704) 636-0781 5. Directions to Site: From the junction of Highway 150 and Highway 70/601 (Jake Alexander Boulevard) in Salisbury, Rowan County, travel north on Highway 70/601 approximately 1.8 miles. Chevron USA is on the left (west) of the road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 350 41' 03" Longitude: 800 30' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 16 NE USGS Quad Name: Rowan Mills, NC 7. Size (land available for expansion and upgrading): Limited land area available for expansion/upgrading of the contain- ment basin. 8. Topography (relationship to flood plain included): 1 - 2% slopes toward containment basin which does not appear to be in a flood plain. 9. Location of Nearest Dwelling: None within 500 feet of the facility. 10-. Receiving Stream or Affected Surface Waters: Unnamed tributary to Grants Creek. a. Classification: C b. River Basin and Subbasin No.: Yadkin and 03-07-04 C. Describe receiving stream features and pertinent downstream uses: Wasteflow is discharged from the containment basin (via a manually operated gate) into a dry ditch which is parallel to railroad tracks. The dry ditch is tributary to Grants Creek. Downstream users are unknown. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0% Domestic 100% Industrial a. Volume of Wastewater: N/A MGD* (Design Capacity) *Intermittent Discharge b. Types and quantities of industrial wastewater: Wastewater collected in the containment basin consists primarily of storm runoff, water used for dust control, spill clean-up, and also approximately 200 gpd of non - contact cooling water plus approximately 1,500 gpd of boiler blow -down. The Company also proposes to discharge hydrotest water used for testing new storage tanks during the installation process. C. Prevalent toxic constituents in wastewater: N/A d. Pretreatment Program (POTWs only): N/A in development should be required approved not needed 2. Production Rates (industrial discharges only) in pounds per day: N/A a. Highest month in past 12 months: lbs/day b. Highest year in the past 5 years: lbs/day 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: Processing base asphalt material into a variety of asphalt products. 4. Type of Treatment (specify whether proposed or existing): The existing facility consists of mainly a spill containment basin (capacity: 100,000 gpd) and a series of subsurface drainage pipes leading to the basin. Effluent is discharged from the containment. basin into a dry ditch parallel to rail -road tracks by manually opening a gate valve. 5. Sludge Handling and Disposal Scheme: Grit chamber is cleaned annually; and an insignificant amount of dirt and grit is disposed to an on -site dumpster. Sediment formed in the basin is removed when necessary and placed on Company property. A permit for the disposal of sediment may be necessary. 6. Treatment Plant Classification (attach completed rating sheet): Class 0, see attached rating sheet. 7. SIC Code(s): 2951 Wastewater Code(s): Primary: 73 Secondary: 14, 16 Main Treatment Unit Code: 00000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: N/A 3. Additional effluent limits requests: N/A 4. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? The existing wasteflow is primarily of stormwater, water used for dust control and spill clean-up, and a small amount of non -contact cooling water and boiler blow -down. No hazardous waste is utilized at this facility. No adverse impact on air, groundwater and/or water quality is anticipated from the subject discharge. 5. Other: N/A PART IV - EVALUATION AND RECOMMENDATIONS On -site inspection indicated that the subject facility was properly maintained. However, one violation of Permit limits for pH was noted (March, 1991) for the period from February, 1991 through January, 1992. It is recommended that the subject permit be renewed as requested by the applicant. ,&,, , -,,( &�,, !�)* --0/- Signature cif Report Preparer Date D l 2- Water Quality Re onal Supervisor Da e Name of PlantPAM IL2 Owner or Contact Person: Or. d._T. SzVd1,d /S'U Mailing Address: /�.2 1�rke A�2�(on��i� t�DUl�G1Q/d County: Aga/dn Telephone: �y�� Z 3Z -d%S/ NPDES Permit No. NC-00 Nondisc. Per. No. IssueDate: Expiration Date: 3d, /9�Z Existing Facility New Facility Rated By:_ 6. r Date: Reviewed (Train. & Cert.), Reg. Office Reviewed (Train. & Cert.) Central Office OR C_/ 4. h/�+&iwit Grade Plant Class: (circle one) I II III IV Total Points 3 ITEM POINTS (1) Industrial Pretreatment Units and/or Industrial Pretreatment Program (see definition No. 33) 4 (2) DESIGN FLOW OF PLANT IN GPD (not applicable to non -contaminated cooling waters, sludge handling facilities for water purification plants, totally closed cycle systems (def. No. 11). and facilities consisting only of Item (4) (d) or Items (4) (d) and (11) (djj 0 - 20,000 ........... 1 20,001 -- 50,000......... 50.001 -- 100.000.......................... 3 100,001 -- 250,000.......................... 4 250.001 -- 500,000.......................... 5 500,001--1,000,000.......................... 8 1,000.001--2,000.000 ........................ 10 2,000,001 (and up) - rate 1 point additional for each 200.000 gpd capacity up to a maxi um of 30 Design Flow (gpd) (3) PRELIMINARY UNITS (see definition no. 32) (a) Bar Screens ................................. 1 or (b) Mechanical Screens, Static Screens or Comminuting Devices ........................ 2 (c) Grit Removal ............................... 1 or (d) Mechanical or Aerated Grit Removal ........... 2 (e) Flow Measuring Device ....................... 1 or (f) Instrumented Flow Measurement .............. 2 (g) Preaeration................................ 2 (h) Influent Row -Equalization ................... 2 (i) Grease or Oil Separators - Gravity .......... 2 Mechanical .......... 3 Dissolved Air Flotation. B 07 PrecMorinalion .............................. 5 (4) PRIMARY TREATMENT UNITS (a) Septic Tank (see definition no. 43) .............. 2 (b) Imhoff Tank .................................. 5 (c) Primary Clarifiers ............................ 5 (d) Settling Ponds or Settling Tanks for Inorganic Non -toxic Materials /sludge handling facilities for water purification plants, sand, gravel, stone, and other mining operations except recreational activities such as gem or gold mining) ...................................... C2 (5) SECONDARY TREATMENT UNITS (a) Carbonaceous Stage (i)Aeration - High Purity Oxygen System ..... Diffused Air System ........... Mechanical Air System (fixed, floating or rotor) .............. Separate Sludge Reaeration ..... (ii) Trickling Filter High Rate .................... Standard Rate ............... Packed Tower ............... (!if) Biological Aerated Filter -or Aerated Biological Filter ...................... (fv) Aerated Lagoons ..................... . (v) Rotating Biological Contactors .......... (vi) Sand Filters - intermittent biological .... . recirculating biological .... . (vii) Stabilization Lagoons .................. . (viii)Clarifier .............................. (ix) Single stage system for combined carbonaceous removal of SOD and nitrogenous removal by nitrification (see def. No. 12) (Points for this item have to be in addition to items (5) (a) () through (5) (a) (vfi) ................. (x) Nutrient additions to enhance SOD removal............................... (xi) Biological Culture ('Super Bugs') addition to enhance organic compound removal ..... (b) Nitrogenous Stage (i) Aeration - High Purity Oxygen System ..... Diffused Air System ........... Mechanical Air System (fixed, floating, or rotor) ...... ..... . Separate Sludge Reaeralion .... . (ii) Trickling Filter - High Rate .............. Standard Rate ............ Packed Tower............ (iii) Biological Aerated Filter or Aerated Biological Filter ......................... (iv) Rotating Biological Conlactors ............ (v) Sand Filter - intermittent biological ........ recirculating biological ........ (v i) Clarifier ................................ 20 10 7 5 5 10 10 10 20 10 10 10 (6) TERTIARY OR ADVANCED TREATMENT UNIT (a) Activated Carbons Beds - without carbon regeneration .................. 5 15 5 15 5 10 5 5 5 10 4 5� 1 SLUDGE TREATMENT (a) Sludge Digestion Tank - Heated ............... 10 Aerobic ............... 5 Unheated ............. 3 (b) Sludge Stabilization (chemical or thermal) ....... 5 (c) Sludge Drying Beds - Gravity ................. 2 Vacuum Assisted ....... 5 (d) Sludge Elulrialion .............................. 5 (e) Sludge Conditioner (chemical or thermal) ........ 5 (1) Sludge Thickener (gravity) ...................... 5 (g) Dissolved Air Flotation Unit (not applicable to a unit rates as (3) (1)......... S (h) Sludge Gas Utilization (including gas storage) .... 2 (i) Sludge Holding Tank - Aerated ................ 5 Non -aerated ............ 2 (j) Sludge Incinerator - (not including activated carbon regeneration) ... 10 (k) Vacuum Filter, Centrifuge or Filter Press or other similar dewalering devices .................... 10 (6) SLUDGE DISPOSAL (including incinerated ash) (a) Lagoons ......................................... 2 (b) Land Application (surface and subsurface) (see definition 22a) -where the facility holds the land app: y-ormit ... 10 -by contracting to a land application operator who holds the land application permit ................ 2 -land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated ......... 10 (c) Landfilled (burial) ............................. 5 (0) DISINFECTION (a) Chlorination...... ....................... 5 (b) Dechlorinatiion ........................ 5 (c) Ozone .............................. 5 (d) Radiation .......................... 5 (10) -CHEMICAL ADDITION SYSTEM (S) (See definition No. 9) (not applicable to chemical additions rated as item (3) (j). (5) (a) (xi). (6) (a). (6) (b). (7) (b). (7) (e). (9) (a), (9) (b), or (9) (c) 5 points each: List: (11) MISCELLANEOUS UNITS (10) -CHEMICAL ADDITION SYSTEM (S) (See definition No. 9) (not applicable to chemical additions rated as item (3) (j). (5) (a) (xi). (6) (a). (6) (b). (7) (b). (7) (e). (9) (a), (9) (b), or (9) (c) 5 points each: List: (11) MISCELLANEOUS UNITS (a) Holding Ponds, Holding Tanks or Settling Ponds for Organic or Toxic Materials including wastes from mining operations containing nitrogen and/or phosphorous compounds in amounts significantly greater than is common for domestic wastewater .......... 4 (b) Effluent Flow Equalization (not applicable to storage basins which are inherent in land application systems). 2 (c) Stage Discharge (not applicable to storage basins inherent in land application systems...„ .................._.............. 5 (d) Pumps_...__...._' :. _ _ _ _ _ _ ^_. 3 (e) Stand -By Power Supply..._ __„ ..._ ......_...... _._...__..._.„...... 3 (f) Thermal Pollution Control Device ............................................. 3 TOTAL POINTS CLASSIFICATION Class I„„ _„ __ _„.» „ .._ 5 - 25 Points Class II.» .„ ._ .„........__„._ _ 26- 50 Points Class III..„.„„. ...................... .__._......... 51- 65 Points Class IV...„..»_. ..... _... _ .. ._ »_ _ _ 66- Up Points Facilities having a rating of one through four points, inclusive, do not require a certified operator. Classification of all other facilities requires a comparable grade operator in responsible charge. Facilities having an activated sludge process will be assigned a minimum classification of Class II. Facilities having treatment processes for the removal of metal or cyanide will be assigned a minimum classification of Class II. Facilities having treatment processes for the biological removal of phosphorus will be assigned a minimum classification of Class III. In -plant processes and related control equipment which are an integral part of industrial production shall not be considered waste treatment. Likewise, discharges of wastewater from residences having a design flow of 1.000 gpd or less, shall not be subject to rating. ADDITIONAL COMMENTS: 21. C. DEFT. GV NATURAL RFSOYJ?t0ES AIND r M22'P EJTdYi'g IIW3Ei0?'YT dd' 6 s Z P t�rF State of North Carolina Department of Environment, health and Natu?PQI Ur 6'i'regs I,A1HE51E1a Division of Environmental Management L �g"LS-flLE t ilct DIAL OFFICE 512 North Salisbury Street. Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett,Ph.D. William W. Cobey, Jr., Secretary Director Mr. N. J. SZYDLOWSKI March 4, 1992 CHEVRON U.S.A. INC. 1825 JAKE ALEXANDER BOULEVARD SALISBURY, NORTH CAROLINA 28144 Subject: Application No. NCO049905 CHEVRON U.S.A. INC. Rowan County Dear Mr. SZYDLOWSKI: The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials received on March 1, 1992. This application has been assigned the number shown above. Please refer to this number when malting inquiries on this project. Your project has been assigned to Jule Shanklin for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. If you have any questions, please contact Jule Shanklin at (919) 733-5083. cc: Mooresville Regional Office Sincerely, M. Dale Overcash, P.E. Supervisor, NPDES Permits Group Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer JAN:.�2Q-1` 02 12: SLR FROM DEHNR MOORESV I LLE TO 1'(�'14 bJOGL�O I � ��- NORTH CAROLINA DEPT, OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. so x 27687, itALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SNORT FORM C AGENCY USE To be filed only by persons engaged in manufacturing and mining oo not attempt to coeplete this form before reading accompanying instructions Please print or type 1. Name, address. location, and telephone number of facility producing discharge A. Name Chevron U.S.A. Inc. APPLICATION -NUMBER 71 a 10 2/ 9 o 5- DATE RECEIVED 9 -�z YEAR M0. DAY dX A 8. Bailing address 1. Street address 1825 Jake Alexander Boulevard Salisbury 3. State North Carolina 2. City 28144 4, County Rowan 5. ZIP C. Location: 1. Street Same as above 2. city 3. County- 4. State 0, Telephone No. ( 704 ) 636-0781 Area Code 2. SIC (Leave blank) 3. Number of employees -_5 If all your waste' is discharged into a publicly owned Waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit. proceed to item a. Otherwise proceed directly to item S. 4. If you meet the condition stated above, check here o and supply the information asked for below. After completing these items. please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. city 4. County . S. State 6. ZIP ySX16 Principal product. n raw material (Check one) Asphalt Products %. Principal process Blending 7. Maximum amount of principal product produced or raw material consumed per (Check one) Amount Basis 1-99 100-199 200-499 500-999 4999 9999 19,999' 50,000 or more (1) (2) (3) (4) (S) (6) (7) (8) A. Uay X B. Month, [, Year PREVIOUS COITION MAY DE USED UNTIL SUPPLY Is faxHAVSTgD Tiif 26-1 �a2 12: 31 FROh1 LEHHR 1~1OORESU 1 LLE TO M: Anx1twtm erauunt of principal _produt 1. pr•odutrd ttr• raw "mterlol t invann•rl, trlktt lt•d in item t. alwve. is t eaturdd in (GtccY, war): A.cf pounds 8.93 tons C.6 barrel s D.0 bushel s E. 0 squtate feet F.0 gallons G.0 pieces or units H,c3other, specify - 9. (a) Check here if discharge occurs ell year or jb) Check the wtonth(s) discharge occurs: 17046362087 F.03 1.0 January 2. a February 3. a March 4, o Apri l 5.0 May 6.o June 7.0 July 8.0 August 9.13 September 10,0 Octohtr 11. a November 12.0 becember (c) Check how many days per week: 1.jP 1 2.0 2-3 3X 4-5 4.t3 6-7 A4c.-h2rn&ei to eurface waters only (check as applicable) Volume treated before Flow, gallons pef operating day discharging (percent) Discharge per operating day 0.1.999 1000-4999 5000-9999 10,000- 50,000- None 0.1- 29.9 30- 64.9 65• 94.9. 45- 100 49,999 or more (1) (2) (3) (4) {5) (6) (1) (B) (9) (10) A. 3VVtWAY4iXPYX X �0cW Stormwa er X a. Cooling water, etc. X daily average X C. d QMK * Hydrot t X X l�,y average �. Maximum per operat- *Tank Hydrotest Wate: ing day for total X discharge i dischar a all iss i1. If any of the three types of waste identified in Item to, either treated or untreated, expected to occur very in are discharged to places other than surface waters, check- below as applicable_ frequently at this facility. ...__. _ ot,..., ..,tinny nor aneratino day Waste water is discharged to: 0.1-994 (1) 1000-4999 (2) SOOO-9999 (3) 10,000-49,949 (4) 50,000 or more (5) A. Municipal sewer system B. Underground well C. Septic tank D. Evaporation lagoon or pond E. Other. specify 12. Number of separate discharge Points' A.�§1 B,C)Z-3 13. Name of receiving water or waters Tributary of Grants Creek 14. Does your discharge contain or is it Possible for your discharge to contain one or more of the following substances ad as a result of your operations. activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmi m Chr ium. copper, lead, lt>ercur ,nickel, selenium. Zinc. �henots; a a• , and chlorine (residuai�. A.19[yes 0.13no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Na of Person Signing e ` Date Applf atib Signed _ S n e Of Applicant North Carolina General Statute 143-215.6 b 2provides that: Any person Wo•knowingly makes any false rtatemettt representation, or certification in any appliiration, record, report, p he or other document files or required to be maintained under Article 21 or regulations twith, Environmental Management Commission implementing that Article, or who falsifies, tampers or knowly renders inaccurate -any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Cotmnissiol implementing that Article, shall be guilty Of a misdemeanor pumishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provid a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense . ) State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Warren Hughes Inman Asphalt, Inc. 1825 Jake Alexander Blvd. West Salisbury, North Carolina 28147 Dear Mr. Hughes: 095?FA IT A& Ad±0"Odowww�1k ��� [ DEHNR mc. s - ryr. or I�II�,TtJ z:'iL �:i:•.;'�i; ,j C>,'S May 12, 1996 MAY 27 1997 ®1'�I1 ' �f Ee1!!w�? Air 1TP,i L !!m^szc"diE16T I E9tt:LE RM"LMAL OiT1i Subject: Permit Modification -Name and Ownership Change Inman Asphalt, Inc. NPDES No. NCO049905 (formerly Chevron Oil) Rowan County In accordance with your request received April 14, 1996, the Division is forwarding the subject permit. The only change in this permit regards name and ownership. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. 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 Mangement Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Ms. Jennifer Wolfe at telephone number (919)733-5083, extension 538. Sincerely, on jinsi Sgnod 8Y Dsvid A. Goodrich A. Preston Howard, Jr., P.E. cc: Central Files Mooresvil'le�'Regional Office, Water Quality Section Permits and Engineering Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper + r h Permit No. NCO049905 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, 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, Inman Asphalt, Incorporated is hereby authorized to discharge wastewater from a facility located at Salisbury Terminal 1825 Jake Alexander Blvd. Salisbury Rowan County to receiving waters designated as an unnamed tributary to Grants Creek 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. The permit shall become effective May 12, 1997 This permit and the authorization to discharge shall expire at midnight on July 31, 1998 Signed this day May 12, 1997 Originti Sign.a By Qavid.PL Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission -e Urn,. f Eno Y7 N x % aoed nia Ch 805 i 7_1v 3nk 7 1�00 0 BM /12, Q0 ••%` . Y 7\. Tank - V6 3ijer: ? 12� 0 ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD, HARD OR HARD SURFACE IMPROVED SURFACE SECONDARY HIGHWAY HARD SURFACE UNIMPROVED ROAD Latitude 35041'09" Longitude 80130'35" Map# E I 8NE Sub -basin 030704 Stream Class C Discharge Class 73 14 16 Receiving Stream UT to Grants Creek. Design Q Variable - Permit expires 7/31/98 11 Su4stali rr Mnnpin i S'ta on Radio` 0 Y. Tow � S SA SCALE 1:24 000 0 1 MILE 0 7000 FEET 0 1 KILOMETER CONTOUR INTERVAL 10 FEET QUAD LOCATION Inman Asphalt, Inc. NCO049905 Rowan County SUPPLEMENT TO PERMIT COVER SHEET Inman Asphalt, Inc. is hereby authorized to: Permit No. NC0049905 1. Continue to operate an existing 100,000-gallon spill -containment basin with grit chamber, piping, and gate valve located at Salisbury Terminal, 1825 Jake Alexander Blvd., Salisbury, NC 28144, Rowan County (See Part III of this Permit), and 2. After receiving an Authorization to Construction from the Division of Water Quality, make any necessary modifications to meet the limitations in this permit, and 3. Discharge from said works at the location specified on the attached map into an unnamed tributary to Grants Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Managementel�' James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director /•• aPT. F1 �VTENT, FITEALTIa 9 & NATU ' AL RE0-CSURCES DEC 0 8 1993 November 30, 1993 DIVISION of Larry Ettel [WOaRESti'1LtE=uiOiC �rilsE 1825 Jake Alexander Blvd. Salisbury, NC 28144 Subject: Permit No. NCO049905 Chevron USA - Salisbury Facility Rowan County Dear Mr. Ettel: In accordance with your application for discharge permit received on March 1, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina_ and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 77447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part H, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other -Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Ms. Susan Robson at telephone number 9191133-5083. Sincerely, . Original Signed BY Coie poes5to'n" oward, Jr. Director 0 cc: Mr. Jim Patrick, EPA ©oresvi REgTon- al ©ffice P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 5u% recycled/ 10% post -consumer paper Permit No. NCO049905 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE I _?AIM1?Fp `' OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM`= J In compliance with the provision of North Carolina General Statute 143-215.1,��itc� F,�r��j; other lawful standards and regulations promulgated and adopted by the North Carolina Environm'v' Management Commission, and the Federal Water Pollution Control Act, as amended, Chevron USA, Inc. is hereby authorized to discharge wastewater from a facility located at Salisbury Facility 1825 Jake Alexander Blvd. Salisbury, NC 28144 Rowan County to receiving waters designated as an unnamed tributary to Grants Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective January 1, 1994 This permit and the authorization to discharge shall expire at midnight on July 31, 1998 Signed this day November 30, 1993 Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC;`;049905 SUPPLEMENT TO PERMIT COVER SHEET Chevron USA, Inc. is hereby authorized to: 1. Continue to operate an existing 100,000-gallon spill -containment basin with grit chamber, piping, and gate valve located at Salisbury Facility, 1825 Jake Alexander Blvd., Salisbury, NC 28144, Rowan County (See Part III of this Permit), and 2. After receiving an Authorization to Construct from the Division of Environmental Management, make any necessary modifications to meet the limitations in this permit, and 3. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Grants Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. y^- A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO049905 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample *Samule Mon. Avg, Daily Max Mon, Ava. Daily Max. Frequency Type Location Flow Quarterly Estimate E Temperature"" * * * Quarterly Grab E, U, D Total Residual Chlorine'*' Quarterly Grab E TSS**'* 45.0 mg/I 67.5 mg/l Quarterly Grab E Oil and. Grease*'** 45.0 mg/1 67.5 mg/l Quarterly Grab E Turbidity**** 50 NTU Quarterly Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES IN BIOCIDAL COMPOUNDS (SEE PART III OF THIS PERMIT). * Sample Locations: E - Effluent *.* The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. *** Monitoring requirements only apply if chlorine is added to the cooling water. ****The limits for temperature, TSS, Oil & Grease, and Turbidity shall be in effect on December 1, 1995. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored quarterly at the Effluent by grab sample. There shall be no.discharge of floating solids or visible foam in other than trace amounts. PART ' Section B. Schedule of Compliance 1. The, permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. L 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or, noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule. requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINMONS 1. Permit Issuing Authority . The Director. of the Division of. Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were.reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday Saturday) on which.daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported: This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. 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 Part1 of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts -for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over.a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part III. Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist.of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention timeof the system in number of days. however, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is .the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part 11 Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The.permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with'the maximum amount not to exceed $125,000. '[Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes_ § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Adn-dhistrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class. I penalty assessed not to exceed $25,000. Part H Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Propert,Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part 11 Page 6 of 14 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration- date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information,. forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows:. (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by:a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occOpying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification, Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that' qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified- wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part lI Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance _with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part H, 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; I (B) There were no feasible alternatives to the bypass, such 'as the use of auxiliary �• = treatment facilities, retention of untreated wastes or..,-n13intenance during normal Part II Page 9 of.14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary fora demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through- properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or Control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering water:; of the State ^.r navigable waters of the United States. The permittee shall comply with -all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 50.3. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required . by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means -of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples .collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. - 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed. copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements L Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expect(--' Part Il Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. '6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The-individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be -kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean. Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. . 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director bf any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. , Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by. the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation. and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director- in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the- period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included -as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the. written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Part II Page 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9.. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the . following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators; compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. . 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred -micrograms per liter"(100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Dischaj= The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III Permit No. NCO049905 E. The Permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in the treatment system which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map indicating the discharge point and receiving stream. Concentrations of chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from the Biocide Worksheet Form 101 with Supplemental Metals Analysis Worksheet. PART IV ANNUAL. ADMINISTERING AND COMPLIANCE MONITORING FEE REQUD','EMENTS 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, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. W. G. Nowak Chevron USA Products Company 1200 State Street Perth Amboy, NJ 08861 Dear Mr. Nowak: October 25, 1993 IVA 1 EDE MTFNN. O ALTi3& NATURAL R4 ,,SOURCLL-s NOV 0 4 1993 DNISIM OF riP;'ll,30r`;tilE,P TAL iAfAiFiAGE MEN7 MOORESVILE P8,10ptAL OFFICE Subject: Draft Permit Permit: NCO049905 Chevron -Salisbury Facility Rowan County This is in response to your correspondence dated August 12, 1993. We understand that you wished to have a conference call with Mr. Ettel once we made a decision regarding your requests. However, we felt written correspondence would be best initially so that you would have a clear understanding of our decision. We have enclosed a copy of a proposed effluent limitations page. The original limits and monitoring frequencies were based on standard operating procedures for this type of mixed wastewater (e.g., stormwater runoff, non -contact cooling water, boiler blowdown, etc.). Included with these standards is the temperature limit which is based on the cooling water component of the waste stream. Since this facility discharges into a dry ditch, the effluent temperature should not exceed 32°C. The total suspended solids measurement includes only nonfiltrable matter. The turbidity measurement includes most solids (dissolved and colloidal particles, as well as suspended solids) in order to assess the clarity of the water. Because these measurements are not the same, both are still included in this permit. Because Chevron has not been subject to a turbidity, TSS, or temperature limits in the past, we have modified the permit to include monitoring only (without a limit) for these parameters for a one year period after issuance of the permit in order for the facility to assess compliance potential and provide time to correct any potential problems. We have also reduced the monitoring frequencies for all 'parameters to quarterly due to the infrequency of the discharge. We hope these modifications will be satisfactory to you. We intend to issue the permit with these modifications as outlined above if you do not respond within 30 days of receipt of this letter If you have any questions concerning this matter, please contact Susan Robson at (919) 733-5083. S cce ely, stop , Jr., P.E. cc: Mr . 07M Permits and Engineering Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC00499Qs During the period beginning on the effective date of the permit and lasting until expiration, the Pemuttee is authorized to discharge from; outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Lbs/dev Discharge Limitations Monitoring Requirements Units (s ecffvl Measurement Sa a 'Sample Mon. Avg. Dally Max Mon. Ava. Daily Max. Frequency Tvpe Location Flow Temperature"" ` Total Residual Chlorine*** TSS'"'. 45.0 mg/l Oil and Grease"" 45.0 mg/I Turbidity"" Quarterly Estimate E Quarterly Grab E, U, D Quarterly Grab E 67.5 mg/I Quarterly Grab E 67.5 mg/I Quarterly Grab E 50 NTU Quarterly Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES IN BIOCIDAL COMPOUNDS (SEE PART III OF THIS PERMIT). * Sample Locations: E - Effluent ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. *** Monitoring requirements only apply if chlorine is added to the cooling water. ****The limits for temperature, TSS, Oil & Grease, and Turbidity shall be in effect on November 1, 1994. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/Month at the Effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Depart idil,e f N 512 James G. Martin, C S. Thomas Rhodes, Mr. Jeff Angerman Chevron USA, Inc. 810 Gleneagles Court Towson, MD 21204 Dear Mr. Angerman: State _ of North Carolina . ......... ....._ .._ .._.r __.._:_.._,:..:......... -- - - tural Resources and Community Development Division of Environmental Management Salisbury Street • Raleigh, North Carolina 27611 September 17, 1987 R. Paul Wilms CERTIFIED MAIL Director RETURN RECEIPT REQUESTED Subject: Permit No. NCO049905 Salisbury Plant Rowan County In accordance with your application for discharge permit received on December 12, 1986, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this.permit, this permit shall be final and binding. Should your request be denied, you will have = the .right._.to request an a_dj_udicatory hearing. _ Please take notice that this addresses the requirements to be control of this discharge. T'hi's-permit d-oe's not affect permits which may be required by permits required by the Division Act or any other Federal or Local permit is.not transferable. Part II, B.2. followed in case of change in ownership or the _regal regiiirement to obtain.:other . the Division of Environmental Management or of Land Resources, Coastal Area Management governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins, at telephone number 919/733-5083. greyly, s°iR"lHi IR "OD BERRY FOR R. Paul Wilms cc: Mr. Jim Patrick, EPA Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC00.49905 STATE. OF. NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under the. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of. North Carolina General Statute 143-215.1, other lawful standards, and regulations promulgated and adopted by the North - Carolina Environmental Management Commission, and the Federal Water Pollution Control' Act, as amended, - CHEVRON U.S.A. INCORPORATED A PENNSYLVANIA CORPORATION is hereby authorized to discharge wastewater.from a facility located at Chevron, U.S.A. on N.C. Highway 601 Salisbury Rowan County to receiving waters designated as an unnamed. tributary to Grants Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations,- monitoring requirements, and other conditions set forth in' Part 1, II,. and III hereof. This permit shall become effective October 1, 1987 This permit and the authorization to discharge shall expire at midnight on September 30, 1992 Signed this day of September 17, 1987 iORIGINAL SIG-NED BY ARi'1- M lv►O��LRR`( FOR — r. R. PAUL WILMS, DIRECTOR DIVISION OF ENVIRONMENTAL MANAGEMENT BY AUTHORITY OF THE ENVIRONMENTAL MANAGEMENT COMMISSION Permit No. NC0049905 SUPPLEMENT TO PERMIT COVER SHEET Chevron U.S.A. Incorporated A Pennsylvania Corporation is hereby authorized to: 1. Continue to operate a spill containment pond located at Salisbury, on N.C. Highway 601, Bypass,in Rowan County (See Part III ofAhis Permit); and 2. Discharge from said .treatment works into an unnamed tributary to Grants Creek which is classified Class "C" waters in the Yadkin -Pee Dee River Basin. W A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge through outfall 001 stormwater and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/ unloading areas, etc. Such discharges shall be limited and monitoring by the permittee as specified below: below. Effluent Characteristics Discharge Limitations Monitoring Requirements K /da (lbs/da ) Other. Units (Specify) *Measurement Sample **Sample Daily Avg. Daily Max. Daily -Avg. Daily Max. Frequency Type Location Flow Weekly Estimate E Oil E Grease 30 mg/I 60 mg/I 2/Monto. Grab E Phenols Monthly Grab E * Monitoring will be conducted during normal working hours. This permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial activity and not discharged through any oil -water separator or other treatment equipment or facility. **Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s) : The nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. z -o -o no m E - Effluent o 3 The pH shall -not be less than 6.0 standard units nor greater than 9.0 standard units and shall be weekly at the effluent by grab samples. CD0 monitored There shall be no discharge of floating solids or visible !foam in other than trace amounts. Part I Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the folllowing schedule: f Y" 20 No later than 14 calendar days following a date identified in the above schedule of compliance,.the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. 14 C. MONITORING AND REPORTING 1. Representative Sampling Samples collected and measurements taken shall be characteristic of the volume permitted discharge. Samples collected than daily shall be taken on a day characteristic of the discharge over the the sample represents. 2. Reporting as required herein and nature of the at a frequency less and time that is entire period which Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3,) or alternative forms approved by the Director; DEM, postmarked no later than the 30th day following the completed,reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management 4V7ater Quality Section ATTN: Central Files Post Office Box 27687 Raleigh, NC 27611 3. Definitions a. Act or "the Act": The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C:. 1251, et. seq. b. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by -the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. C. The "daily maximum" discharge means the total discharge by weight during any calendar day. I 5 d. DEM or Division: means the Division of Environmental Management, Department of Natural Resources and Community Development. e. EMC: used herein means the North Carolina Environmental Management Commission. f. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. g. Arithmetic Means The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. h. Geometric Means The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). i. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. j. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. I 6 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N.C.G.S. 143-215.63 et seq, the Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following informations a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 17 PART II GENERAL CONDITIONS A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a" violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Noncompliance Notification The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. I 8 Persons reporting such file a written report following first knowledge 3. Facilities Operation occurrences by telephone shall also in letter form within 15 days of the occurrence. The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any diversion from or bypass of facilities. I 9 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. 8. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. I 10 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2.) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 4—Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. I 11 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kil1S, even though the responsibility for effective compliance may be temporarily suspended. 7. oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 112 9. Severability The provisions of this permit are severable, and if any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6, and 33 USC 1251 et seq. I 13 PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302 (b) (2) (c) , and (d) , 304 (b) (2) , and 307 (a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. 1 14 Part III Continued F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. F NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO049905 PERMITTEE NAME: Chevron USA, Inc. FACILITY NAME: Salisbury Facility a c. • OF 1, Tj -AND Facility Status: Existing V DNIMLff " Y DEVELOP Permit Status: Renewal pJ 5 7 1992 Major Minor p1�15t�P, '. "`�`,Rll1i1`E�TAI Ml Pipe No.: 001fl ,, 1 E REGI01 .Design Capacity: Domestic (% of Flow): Industrial (% of Flow): 100 % Comments: Stormwater, dust -control water, NCCW BBD & "spill clean-up". STREAM INDEX: 12-109 RECEIVING STREAM: an wmamed tributary to Grants Creek Class: C Sub -Basin: 03-07-04 Reference USGS Quad: E16NE, Rowan Mills (please attach) County. Rowan Regional Office: Mooresville Regional Office Previous Exp. Date: 9/30/92 Treatment Plant Class: 0 Classification changes within three miles: >3mi. Requested b, Prepared by: Reviewed b� -f:>06" Date: 4/24/92 Date: << Z Dare: Modeler Date Rec. # Drainage Area (mil) _ 0 Avg. Streamflow (cfs): z- D 7Q10 (cfs) 0 Winter 7Q10 (cfs) 0 30Q2 (cfs) 0 Toxicity Limits: IWC _ __ % , Acute/Chronic Monitoring: Parameters Upstream Downstream Location Location Effluent Characteristics _�veu ' tl- - MX I AW M BOD5 (mg/1) NH3-N (mg/1) D.O. (mg/1) TSS (mg/1) F. Col. (/100 MI) pH (SU) ( -� asuc�e :5"u, tier wgTr-R5 -ran-?eAA7u¢_-- ass -r45 g6C_-_Ad1.•J Tio C-Xceg-> 2-- 6 "G F.�U�i204rJD D 32°L No CRC aoSe IT- I` Comments: STAN-pi4j4,:> ceou Asti WkC-P_ LAt44YM'5 c, {W ,D B� gJr..6P' �GD JN Appf i i oN ASKE WAA11-5 Z (A -A" z/,ACA, n4 z/AtC,AJT1� TOVG G-4C[,E�D FACT SHEET FOR WASTELOAD ALLOCATION Request # 6894 Facility Name: Chevron USA MA ' �' UR� AAND , NPDES No.: NCO049905 66qjrVXM jMvawrMzNT Type of Waste: Industrial - 100% Facility Status: Existing 00T 1 5 1992 Permit Status: Renewal Receiving Stream: UT Grants Creek p1VIdI0N Of ENVlRU��EIViAL NAII!l6E�flri Stream Classification: C Subbasin: 030704Q��S!'!!�E County: Rowan Stream Characteristic: Regional Office: MRO USGS # Requestor: J. Shanklin Date: Date of Request: 4/24/92 Drainage Area (mi2): '<0.1 Topo Quad: E16NE Summer 7Q10 (cfs): 0 Winter 7Q10 (cfs): 0 Average Flow (cfs): <0.1 30Q2 (cfs): 0 IWC M: 100.0 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Wasteflow consists of stormwater runoff, water used for dust control, spill cleanup, 200 gpd NCCW, 1500 gpd of boiler blowdown, and hydrotest water for testing new tanks (occasionally). _ The facility processes base asphalt material. , MRO reports that the facility is well maintained. TSB recommends keeping the current monitoring = -- frequency of twice per month for this discharge. S ecial Schedule Requirements and additional comments from Reviewers: - 1 W a = Recommended by: Date: I0 8 Reviewed by Instream Assessment Regional Supervisor: Permits & Engineerin RETURN TO TECHNICAL SERVICES BY: NOV 1 1 1992 - - S 2 Existing Limits Flow (MGD): Oil & Grease (mg/1): Phenols pH Recommended Limi Flow (MGD) pH (SU): Oil & Grease (mg/1): TSS (mg/1): Turbidity,(NTU): Temperature C-100PAZD 'cao��N4 WATaR- L A46Qh4t7 5 HOUL-D 1?0 1tjT -D TOXICS Mon. Avg. Daily max Fre monitor weekly est 30 60 2/month monitor 2/month 6-8.5 weekly Monthly Average Daily Max. Mon, Freq.. WQfEL monitor 6-9 45 45 - 50 Discharge shall not cause the receiving water's temperature to exceed 2.8°C above background and in no case cause it to exceed 32°C. -- Flow metering is not required. Flow may be estimated. instantaneous or estimate 2.1-M°L4-T" E L 2/moo-rH t L 2/Ma13-rH EL 2/mo�IrH e (See page three for special monitoring requirments.) *The turbidity.in the receiving stream will not exceed 50 NTU. (If 7Q10 = 0, 50 NTU applies as an effluent limit.) Limits Changes Due To: ' Parameter(s) Affected New regulations/standards/procedures pH, O&G,turbidity,flow New facility information _X No parameters are water quality limited, but this discharge may affect future allocations. WASTELOAD SENT TO EPA? (Major) _N (Y or N) (If yes, then attach schematic toxics spreadsheet, copy of model, or if not modeled, then old assumptions that were made, and description of how wasteload fits into basinwide plan.) Additional Information attached? _N_ (Y or N) If yes, explain with attachments. 1 L CERTIFIED MAIL d STATE. RETURN RECEIPT REQUESTED � rigyl-.C'�thFITpL M1IAMAGEMEIii� � � �.'0 DIVISION OF p ppm *� E��"'1��Sh @��• � 1� MOORESVILLE State : of North Carolina Department° of'M00 Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director January 2, 1986 Mr. W. K. Lauritsen, Assistant Secretary Chevron U.S.A., Incorporated 1200 State Street Perth Amboy, New Jersey 08861 SUBJECT: NPDES No. NCO049905 Chevron U.S.A., Incorporated a Pennsylvania Corporation formerly Chevron U.S.A. Incorporated a California Corporation Rowan County Dear Mr. Lauritsen: In accordance with your request received April 29, 1985, we are forwarding herewith the subject permit now issued to Chevron U.S.A., Incorporated a Penn- sylvania Corporation. The only change in this permit is in name and ownership. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing before a hearing officer upon written demand to the Director within 30 days following receipt of this permit, identifying the specific issues to be contended. Unless such demand is made, this permit shall be final and binding. If you have any questions concerning this permit, please contact Mr. Mack Wiggins at 919/733-5083. Sincerely yours, ORIGINAL SIGNED BY ARTHUR MOUBERRY FOR R. Paul Wilms Director cc:-Moowsviil�l`e Regional-Supervi=s{off Mr. Jim Patrick, EPA MW/gwt Pollution Prevention Pays P.O. Boot 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733 7015 An Equal Opportunity Affirmative Action Employer Permit No.. NC 0049905 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, CHEVRON U.S.A. INCORPORATED A PENNSYLVANIA CORPORATION is hereby authorized to discharge wastewater from a facility located at - Salisbury Rowan County to receiving waters designated as an unnamed tributary to Grants Creek in the Yadkin -Pee Dee River Basin. in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective January 2, 1986 This permit and the authorization to discharge shall expire at midnight , on April 30, 1987 Signed this day of January 2, 1986 ORIGINAL SIGNED By ART`HUR MOUBERRY FOR R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission Mi 6 I1 SUPPLEMENT TO PERMIT COVER SHEET CHEVRON U.S.A. INCORPORATED A PENNSYLVANIA CORPORATION is hereby authorized to: Permit No. NCO049905 1. Continue to -operate a spill containment pond located at Salisbury (See Part III of this Permit),and 2. Discharge into an unnamed tributary to Grants Creek which is classified Class"C' in the Yadkin -Pee Dee River Basin. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee Is authorized to discharge through outfall 001 stormwater and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/ unloading areas, etc. Such discharges shall be limited and monitoring by the permittee as specified below: be low . Effluent Characteristics Discharge Limitations Monitoring Requirements K /da (Ibs/da ) Other. Units (Specify) Measurement Sample **Sample Daily Avg. Daily Max. Daily -Avg. Daily Max. Frequency Type Location Flow Weekly Instantaneous E Oil & Grease 30 mg/I 60 mg/I 2/Month Grab E Phenols 2/Month Grab E * Monitoring will be conducted during normal working hours. This permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commer activity and not discharged through any oil -water separator or other treatment equipment or facility. Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s) : The nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. E - Effluent n C:) The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be �" monitored weekly at the effluent by grab samples. kno o. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4, Permit No. HC Act used herein means the Federal Water Pollution Control Act, As amenoedo DEM used herein means the Division of Environmental Management of the Department of Natural Resources and community Development "EMC"" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the -volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during,th� previous manth(s) shall be summarized for each month and reported on a Monthly Monitoring*Report Form (OEM No. MR 1.02 1.1, and 1.4) postmarked no .later than the 30th day following the completed reporting period. The first report Is due on ® The DEM may require reporting of additional monitoring results by written notification. Signed copies of these, and all. other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 l Raleigh, North Carolina 27611 3. Definitions a. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permi-t, the daily.average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. b. The "daily maximum" discharge means the total discharge by weight during any calendar day. 1. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to The EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: 15 f PART I Permit No. NC a. The exact place, date, and time of sampling; b. The dates the analyses were.performed; c. The person(s) who performed the analyses; do The analytical techniques or methods used; and e. The results of all required analyses. 6. Additional Monitoring by Permittee If the Permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values.required in the Monthly Monitoring Report Form.(DEM MR 1.0, 1.1, 1.4) Such increased monitoring frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollu- tants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses.performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained by the permittee for a minimum of three (3) years, or longer if requested by the State Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. A PART II Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process.modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes. will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. -The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M R I T 7 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters, shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I,. b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. I8 PART II Permit.No. NC B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee°s premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of,pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller.by letter of the existence of this permit and of the need to obtain a permit"in the name of the prospective owner. A copy of the letter shall be.forwarded to*the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 3O8 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity `or a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terns or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or C. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M10&I9 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any -responsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remAinder of this permit shall not be affected thereby. M11 &I10 PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. I 11 y Part III Permit No. NC A. PreviousPermits All previous State water quality permits issued to thie facility,. whether for construction or operation or discharge, are hereby revoked by issuance of this.permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge.Elimination System governs discharges from this facility. B. Construction No construction of wastewater treatment facilities oradditions thereto shall be begun until'.Final Plans and Specifications'have been ...submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to final plans and specifications have"been made by the Division of Environmental i Management within 60 days following acknowledgement that a complete set of final plans and specifications has been received, the,plans may be considered approved and construction authorized. C. Certified Operator Pursuant to Chapter 90A of North Carolina.General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The.permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. M15 & I 12 DIVISION OF ENVIRONMENTAL MANAGEMENT August 11, 1987 MEMORANDUM TO: Dale Overcash FROM: D. Rex Gleason SUBJECT: Modification Request Chevron U. S. A., Inc. NPDES Permit No. NC 0049905 Rowan County, North Carolina This Office has reviewed the subject correspondence and concurs with the Permittee's request to allow an "estimate" for the discharge flow as outlined in the proposal. Further, this Office does not concur with the Permittee's request to delete the monitoring requirement for phenols, due to the presence of phenols in the past; however, we would recommend its monitoring frequency be reduced to 1/month. If you have questions, please contact Ron Phelps or me. /RGP:se wan U.S.A. Inc. meagles Court, Towson, MD 21204. Phone (301) 337-5300 July 295 1987 11� nn any c.�•,�,,,�. � P�l $%pi. C U . 1 Mr. Dale Overcash X C. 1, Al Ir. $ 1987 Department of Natural Resources 1, .:,•. , "\'. T TRAt, 1F,Cr PostDivision of Office Box127687nta1 Manag�etitTl!'1:�X ��' �'ERS1��S Raleigh, NC 27611-7687 AUG 138? Dear Mr. Overcash: DIVISION OF '`��o EtiYIRZIN?TAIL D :'y Further to our telephone con�i�iF' WiLo �' 1987, I would like to submit the following comments conce g draft NPDES permit No. NC 0049905 for Chevron's Salisbury terminal. The permit requires that the effluent flow rate be monitored weekly by taking an instantaneous measurement. This requirement implies that some type of in -line flow measurement device is required. As you probably already know, the discharge of effluent at this facility is dependent upon significant rain events, therefore; it is intermittent. As a result, we would like to have the monitoring requirement revised to allow the flow rate to be estimated. A flow rate estimate is allowed for discharge permits in most states. Further, we propose that estimate be defined as "a calculated volume or discharge rate which is based on a technical evaluation of the sources contributing to the discharge including, but not limited to pump capabilities, water meters and batch discharge volumes". The permit also specifies that the effluent be monitored for phenols. The DMR's for the past year indicate that the phenol level has always been below the detection level. Further, waste water at the facility is not normally in contact with petroleum products, the source of phenols. For these reasons and the fact that we do not plan to alter our current operation, we asked that the monitoring requirement for phenols be deleted in the final permit. We ask that you consider our comments when drafting the final discharge permit. If you have any questions concerning my comments, please contact me at (301) 337-5386. Cordially, %j � `t' / "": �1„� - . (? 1, Ln-4!i • l •t, `.. ---' .Jeffry A. Angermann Compliance Specialist JAA:mb:719 .s SrATF v pppppr, _ya w• a H, State of North Carolina Department of Natural Resources and Community Development Mooresville Regional Office James G. Martin, Governor Albert F. Hilton, Regional Manager S. Thomas Rhodes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT September 24, 1987 Mr. Jeff Angerman Chevron USA, Inc: 810 Gleneagles Court Towson, MD 21204 Subject: NPDES Permit No. NC 0049905 Salisbury Plant Rowan County, NC Dear Mr. Angerman: Our records indicate that NPDES Permit No. NC 0049905 was issued on September 17, 1987 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page I3. Page I3 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the DMR forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly.' If you fail to receive the form, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, otherwise the forms may be returned to you as incomplete. Failure to properly complete the forms may also result in an automatic $300.00 fine. The remaining Parts of the Permit (Parts II and III) set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities 919 North Main Street, P.O. Box 950, Mooresville, N.C. 28115-0950 • Telephone 704-663-1699 An Equal Opportunity Affirmative Action Employer Mr. Jeff Angerman Page Two September 24, 1987 and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per day per violation plus criminal penalties may be assessed for such violations. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically.renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page M-1 or I-1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, through cessation of the discharge, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, C' D. Rex Gleason Water Quality Regional Supervisor Enclosure DRG:se Date: September 2, 1986 NPDES STAFF REPORT AND RECOMMENDATIONS County: Rowan NPDES Permit No. NC 0049905 PART I - GENERAL INFORMATION 1. Facility and Address: Chevron USA 1825 Salisbury Boulevard West Salisbury, Rowan County, North Carolina 28144 2. Date of Investigation: August 28, 1986 3. Report Prepared By: G. T. Chen 4. Persons Contacted: Mr. L. A. Blackman 636- 0791 5. Directions to Site: Travel east on Highway 150 to the intersection with Highway 601 Bypass. Turn left at the intersection and travel north on Highway 601 Bypass approximately 1.8 miles. Chevron USA is on -the left side of the road. 6. Discharge Point - Latitude: 35041'03" Longitude: 80030134" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGA Quad No. E16NE 7. Size (land available for expansion and upgrading): There is approximately three quarters of an acre of land available for expansion and/or upgrading of the containment basin. 8. Topography (relationship to flood plain included): Relatively flat. 9. Location of nearest dwelling: No dwellings within 500 feet. 10. Receiving stream or affected surface waters: An unnamed tributary to Grants Creek in the Yadkin -Pee Dee River Basin. a. Classification: C b. River Basin and Subbasin No.: 03-07-04 c. Describe receiving stream features and pertinent downstream uses: Fish and wildlife propagation, secondary recreation and agriculture. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100% Industrial a. Volume of Wastewater: N/A. b. Types and quantities of industrial wastewater: The wastewater is generated from dust control, storm runoff and spill containment. C. Prevalent toxic constituents in wastewater: N/A. P J -2- ;. r'recreatment Program (POTWs only): N/A. 2. Production rates (industrial discharges only) in pounds: N/A. 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart: Processing base asphalt material into a variety of asphalt products. 4. Type of treatment (specify whether proposed or existing): The existing treatment facility consists of mainly,a spill containment basin (cap. 100,000 gpd.) and a series of subsurface drainage pipes leading to the basin. Effluent is discharged from the containment basin into an unnamed tributary to Grants Creek by opening a gate valve manually. 5. Sludge handling and disposal scheme: N/A. 6. Treatment plant classification: N/A. PART III - OTHER PERTINENT INFORMATION 1. Is this facility being -constructed with Construction Grants Funds (municipals only)? N/A. 2. Special monitoring requests: N/A. 3. Additional effluent limits requests: N/A. 4. Other: N/A. PART IV - EVALUATION AND RECOMMENDATIONS In her letter to Mr. R. Paul Wilms, Director of DEM/NRCD, dated April 2, 1986, Ms. E. P. Johnke, Environmental Specialist of Chevron USA, Inc., has implied that due to the lack of water in the holding pond it would be difficult to comply with the sampling frequency as required in the existing NPDES discharge permit. She, therefore, requested that the sampling frequency for phenols, and oil and grease be reduced from twice a month to once a month. It is recommended that the permit be renewed with the provision that the sampling frequency for phenols, and oil and grease remains the same as in the current Permit. 'C7 .•�.'P//lam ����l.Pil2/ Signatu& of report preparer Water Quality Regic 1 Supervisor 3952 r- usa/171 )51 %��� a � t ����\%' 1 i \}emu, -•�g�_d :�-1�u�-: % � •'a'�� � 1 �. \ Ll 49 ,a \?ate iN,.. '. �i '�(•�.�4 � `�� -_ \ \ ` � • . •B .. � aie ,i. 1 •d• al .•t•: •- / \ • I i50 °ems£, ` "`/ 00� I Ok '♦ i L_i i .KEX78/MY 08/04/86 COMPLIANCE EVALUATION ANALYSIS REPORT PERMIT--NC0049905 PIPE--OOi REPORT PERIOD: 8507 -8606 LOC--- E ACILITY--CHEVRON USA INC %ALI%BURY PLT DESIGN FLOW-- .00OO CLA%%-- .00ATION--%ALI%BURY REGIDN/COUNTY--03 ROWAN 5OO5O iONTH Q/M�D 'VERAGE iAXIMUM iINIMUM !NIT M�D NPDE% FACILITY AND PERMIT DATA RETRIEVE OPTION TRXID 6NU KEY NC0049905 ER%ONAL DATA FACILITY'APPLYING FOR PERMIT REGION FACILITY NAME) CHEVRON USA INC %ALI%BURY PLT COUNTY) ROWAN 03 ADDRESS: MAILING (REQUIRED) LOCATION (WHEN DIFFERENT FROM MAILING) STREET: 00 GLENEAGLE% CT. STREET: 1825 %ALI%BURY BOULEVARD WEST CITY: TOW%ON %T MD ZIP 21204 CITY: %ALI%BURY %T NC ZIP 28144 TELEPHONE 301 337 5345 DATE FEE PAID: 05/30/86 AMOUNT: 25.00 STATE CONTACT> CREECH PERSON IN CHARGE E. P. JOHNKE (M%.) i=PROPO%ED,2=EXI%T,3=CLO%ED 2 i=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2 PERMIT APPLICATION INFORMATION FOR PERMIT NUMBER>>>>>>>>> NC00499O5 ATE APP RCVD 04/28/86 N=NEW,M=MODIFICATION,R=REI%%UE> M ATE STAFF REP REQ% 05/07/86 APPLICANT TO PAY NOTICE Y ATE STAFF REP RCVD / / DATE PAY REQ% / / AMOUNT .00 A%TELOAD REQ% 05/07/86 DATE PAY RCVD / / AMOUNT .00 A%TELOAD RCVD 05/07/86 DATE TO P NOTICE ATE DRAFT PREPARED / / %CH TO ISSUE ATE OT AG COM REQ% / / DATE DENIED / / ATE OT AG COM RCVD / / DATE RETURNED ATE TO EPA / / DATE ISSUE!) / / ASSIGN/CHANGE PERMIT ATE FROM EPA / / EXPIRATION DATE 04/30/87 OMMENT%: 02. E%%AGE: REQUAT FOR CHANCE IN TESTING. ` j V - ' pyy}�,pfgy����y+v^5i�. �(�j •�QIMM'�" OF [(�V(R�fl MEMAL 4.1w•M�&I:�1L�.� State of North Carolina Iepai•'tirinAAW, of Natural Resources and Community Development t i rJ Division of Environmental Management 5 12 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary 'f Director 41 Subject: NPDES Permit Application NPDEgAS Permit No NC(00 County Dear , ��;'i ti�d01 This is to acknowledge receipt of the following documents onr,lc Application Form, E' Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $` , Other The items checked below are needed before review can begin: Application form _ (Copy enclosed),, Engineering Proposal See Attachment), J.'' Application Processing Fee of Other If the application is not made complete within thirty 30 ,days, it will be returned to you and may be resubmitted when complete. This application has been assigned to (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. (Sincerely, -Arthur M6uberry, P.E. it 'Supervisor, Permits and Engineering Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Chevron Chevron U.S.A. Inc. -• B10 Gleneagles Court, Towson, MD 212049 Phone (301) 337-5300 �R c .� '� 61 April 22, 1986 APR 28 1986 NPDES NO. NC0049905 REQUEST FOR CHANGE OF RATE OF TESTING Mr. R. Paul Wilms, Director State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street Raleigh, NC 27611 Dear Mr. Wilms: Our current NPDES permit requires sampling our discharge point twice a month for oil and grease and phenols. This is a new requirement just recently invoked at this facility. We would like to request that this requirement be changed to once a month due to the lack oWe would continue to monitor pH on a weekly basis depending on amount of water. Please advise if this variation would be acceptable. I can be contacted at 301-337-5345. ldm/042 Very truly yours, nkeJo Environmental Specialist a17 -PERMITS & E-MMERING Permit No. -NC 0049905 L STATE OF NORTH CAROLINA tip DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DU�VHLOE T DIVISION OF ENVIRONMENTAL MANAGEMENT gacff P E R M I T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the .provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Chevron USA, Incorporated is hereby authorized to discharge wastewater from a facility located at Sailsbury Rowan County to receiving waters designated an unnamed tributary to Grants Creek in the Yadkin River Basin in accordance with effluent"limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. on This permit shall become effective This permit and the authorization to discharge shall expire at midnight Signed this day of Robert F. Helms, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 & I1 Page of Permit No. INC 0049905 SUPPLEMENT TO PERMIT COVER SHEET Chevron USA, Incorporated is hereby authorized to: 1. Continue to operate a spill containment pond located at Salisbury (See Part III of this Permit) and 2. Discharge into an unnamed tributary to Grants Creek which is classified Class "C". H W A. ( 1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final During the period beginning on the effective date and lasting until expiration permittee is authorized to discharge from outfall(s) serial number(s). ool. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Kg/day (lbs/day) Other Units (Specify) Daily Avg. Daily Max. Daily Avg. Daily Max. Oil and Grease 30 mg/l 60 mg/1 Monitoring Requirements Measurement Sample Sample Frequency Type Location Monthly Grab Effluent The pH shall not be less than 6.0 standard units nor greater than 8.5 standard units and shall be monitored monthly at the effluent by grab sample. There shall be no discharge_of floating solids or visible foam in,other-than trace amounts_ STAFF REPORT AND RECOMMENDATIONS Part I - INSPECTION OF'PROPOSED WASTEWATER TREATMENT --PLANT SITE . 1. Place'Visited: Chevron USA ..,Salisbury, -North *Carolina - Rowan"County. 2.. Date:. October. 28, 1981 ` -3. By: , Thurman Horne J 4. Person contacted: Mr. Donald Beck, Mr. Larry Little . 5.-Directions-to site: From the intersection of. Highway -Highway, 601 Bypass, travel -north on Highway 601:Bypass approximately. 1.8 mile'. The facility A§ .located, on the ',left (west). side of Highway.601 Bypass. _ 5'. The.bearing-and distance to.the-proposed point of.effluent discharge is: ',Latitude:35o41' and Longitude:.80030'30". = 7. Size: Approximately 4 acres. Adequate area .is available for the existing containment pond. .. Topography:: Relatively flat. 9. Location of nearest dwelling: lone within 500 feet. 10. Receiving Stream: An unnamed .tributary. to Grants Creek'in the. Yadkin River Basin (A)- Classification: "C" (b), Minimum 7-Day, 10-Year discharge at site: (c) Usage: , Fishing, secondaryrecreation, agriculture,., -and any other usage -except for,prjmary recreation or asa source of water. supply .for drinking, culinary or food processing purposes. Part II DESCRIPTIOiV OF EXISTING TREATMENT WOR!<S_ The application is for a permit to discharge from ;a spill containment .pond. -This pond is formed -by a small.earther dike vihich borders two sides, of the lower corner of the property. Storm.runoff, apy -leaking oil-s,- boiler blowdown and spilled -chemicals flow by gravity into the .lower corner 'of the property and are -retained by the dikes. Periodically,..when the:'accumulated.water reaches sufficient depth, a gate valve is manually ..opened (must be unlbcked with -a key) anda discharge is.rnade. There is no oil/water, separation equipment or any treatment other than -the -settling - which -Occurs in the pond: Page Two lity is intended solely as a precaution for any accidental spirts. Since the discharge is normally closed (and locked) any oil spill, chemical spill, etc. would be contained in the pond and thus allow for an eaisier cleanup. This Company receives base asphalt by rail car and makes emulsified asphalt, cut back asphalt and pure asphalt. In addition to the asphalt holding tanks located on site, there is a 129000 gallon naptha storage tank and a hydrochloric acid storage tank (which has its own containriient dike). Note: The point of discharge'i:s approximately 7 miles upstream .of the confluence of Grants Creek and Yadkin Riber which is Class A -II. Part III - EVALUATION AND RECOMMENDATIONS It is recornnended that an NPDES Permit be issued which contains effluent limitations for pli and oil and grease. ' � t J' C. -n r`FS E1iv q �NGI DTVTSTON OF ENVTRONMENTAL mAT<?AG'��'muTT April 30, 1982 l'Ir Chevron USA - Salisbury Asphalt 1200 State Street Perth Amboy, NJ 08861 Subject: Permit No. NCO049905 Chevron USA -Salisbury Asphalt Rowan. County Dear Mr. Mulit: in accordance with your applicat-ion.for discharge Permit received October 12, 1981, we are forwarding, Herewith the subject State - NF'DTS Permit. This permit is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between Borth Carolina and the 47. S. Environmental Protection Agency elated October 19, 1975. if any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the right to an adjudicatory hearing; before a hearing. officer upon c�rritten demand to the Director within 30 days :following receipt of this Permit, identifying the specific issues to be contended. Unless such demand is made, this Permit shall be final and binding. Please take notice that this :Permit is not transferable. Part 11, B.2. addresses the requirements to be followed in case of change in aunership or control of this discharge. This Permit does not affect the legal requirement to obtain other Permits which may be required by the Division of Environmental management. Tf you have any questions concerning this Permit, please contact Nir. David Adkins, telephone (919)733-5181. cc: Mr. T. Michael Taimi, EPA Mooresville Regional Office Mooresville Regional Office Manager Sincerely yours, Robert F. Helms Director Permit No. -NC 0049905 �1 2 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT O DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the .provisions of North Carolina General Statute 43-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Chevron USA, Incorporated is hereby authorized to discharge wastewater from a facility located at Sailsbury Rowan County to receiving waters designated an unnamed tributary to Grants Creek in the Yadkin River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective APR 3 0 1982 This permit and the authorization to discharge shall expire at midnight on APR 3 0 1967 Signed this day of APR 3 0: = Original Signed BY. . W. LEE FLEMINC, k Robert F. Helms, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 & I1 y. i Page of Permit No. NC 0049905 SUPPLEMENT TO PERMIT COVER SHEET Chevron USA, Incorporated is hereby authorized to: 1. Cuatinue to operate a spill containment pond located at Salisbury (S(�:e Part III of this Permit) and 2. Discharge into an unnamed tributary to Grants Creek which is classified Class "C". A. ( 1). EFFLUENT LIMI,iATIONS AND MONITORING REQUIREMENTS -Final During the period beginning on the effective date and lasting until expiration permittee is authorized to discharge from outfall(s) serial number(s). ool. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location Oil and Grease 30 mg/l 60 mg/1 Monthly Grab Effluent The pH shall not be less than 6.0 standard units nor greater than 8.5 standard units and shall be monitored monthly at the effluent by grab sample. There shall be no r-!i scharge ,of floating solids or visible foam in -other -,than -.trace amounts. Part I Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: Nar"APPUCAB(E 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4 Part I C. Permit No. NC "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DEM" used herein means the Division of Environmental Management of the Department of Natural Resources and<Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. MONITORING AND REPORTING 1. Representative, Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a Monthly Monitorfng Report Form (DEM No. MR 1.0, 1.1, and 1.4j postmarked no.later than the 45th day following the completed reporting period. The first report is due on JUL 1 5 1"2 . Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: J Division of Environmental Management Water.Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 3. Definitions a. The monthly average, other than for fecal coliform bacteria, is the .arithmetic mean of all the composite. samples collected in a one - month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one -month period. b: The weekly -average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite'samples collected during a one -week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one -week period. C. Flow, M3/day (MGD): The f&ow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the. .arithmetic mean of the total daily flows recorded during the calendar .month. d. Arithmetic Mean: summation of the values. The arithmetic mean of any set of values is the individual values divided by the number of individual M5 Part I Permit No. NC e. 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 equiva- lent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). f. Composite Sample: A'"composite sample" is any of the following: (1) Not less than four influent or effluent portions collected at regular intervals over a period of 24 hours and composited in proportion to flow. (2) Not less than four equal volume influent or effluent portions collected over a period of 24 hours at intervals proportional to the flow. (3) An -influent or effluent portion collected continuously over a period of 24 hours at a rate proportional to the flow. g. Grab Sample: A "grab sample" is a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at the period(s) most representative of the total discharge. 4. Test Procedures Test procedures for the analysis of pollutants.shall conform to the EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq, The. Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. M6 PART I Permit No. NC 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not'.. required in this permit by written notification. . 7. Records Retention All records and information -resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. M 7 PART . * i I Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit: Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the OEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to -comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental'Management with the following information, in writing, within five'(5)'days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance;'and b. The period of noncompliance, including exact dates and times; or,�. If not corrected; the anticipated time the noncompliance.,is expected to continue,.and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate..as efficiently as possible all treatment or•control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse.Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the,noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms.and conditions of this permit is prohibited, except (i) where M8&I7_ PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff .would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United.States. 7. Power Failures RP In order to maintain compliance with the effluent limitati.ons and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of .Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of -any work in.any navigable waters. W PART II Permit No. NC B. RESPONSIBILITIES I. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee°s premises where an effluent source is' located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership of �a-cilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a.permit it the name of the prospective owner. A copy of the letter .shal a be ,forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms' shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the im osition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2� or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and E. S. 143-215.1(e) respectively, this permit may be mod ified, suspender;, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining thss permit by misrepresentation or failure to disclose C ully ,all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 10&I9 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or Prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such ro7lu-ant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil -and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 U5C 1319. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 9. Severabi 1 i ty The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, -is held invalid, the application of such provision to other cir- cumstances, and the remainder of this permit shall not be affected thereby. M11 &I10 PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. I 11 PART III Permit No. NC B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. M1S&I12