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HomeMy WebLinkAboutNC0025879_Historic E-File Scan Up To 11/17/2020Cranford, Chuck From: Jimison, Kathy Sent: Tuesday, August 20, 2013 2:12 PM To: Cranford, Chuck; Menzel, Jeff Subject: Fecal Results Graham County NC0025879- 137000 CFU/100ml Long Creek Upst WWTP- 800 CFU/100ml Long Creek Confluence of Long Creek and Cheoah River- 6000 B5 (135 qualifier= all sample dilutions had > 150 colonies per plate= TNTC) Cheoah River Arm @ Lake Santeela- 3800 CFU/100ml Katherine Jimison - Kathy.Jimison@ncdenr.gov Chemistry Technician III North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Lab 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mailcorrespondence to and from this address may be subject to the North Carolina Public Records law and therefore may be disclosed to third parties. 1 RE� � �0 SEW North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 20, 2013 Mayor Bobby Smith Town of Robbinsville P.O. Box 126 Robbinsville, North Carolina 28771 Subject: NPDES Final Permit Permit NC0025879 Graham County Facility Class III Dear Mayor Smith: 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). Your final permit includes the following changes from your previous permit: The requirement to begin reporting discharge monitoring data electronically using the Division of Water Resources' Electronic Discharge Monitoring Report (eDMR) intemot application has been added to you permit (See Special Condition A.(4.)). For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following webpage: lLttp://portal.ncdeiu.org/web/wq/admin/bog/ipu/edm . For information on EPA's proposed NPDES Electronic Reporting Rule, please visit: httv://"w2.el2a.gov/coinplianee/ roposed-nodes-electronic-reporting-rule. • Special Condition A.(5.) has been added to this permit in accordance with the statewide mercury TMDL. The condition requires effluent monitoring for mercury once during the next five years, to be submitted in conjunction with the next permit renewal application. RECEIVED DNiaton of Water Reeouaea 1617 Mail Service Center, Raleigh, North Carolina 276991617 JAN 1 4 2013 Location: 512 N. Salisbury St. Ralelgh, North Carolina 27604 Phone: 91"07-6300 t Fax: 919-8076492 Internet:..ncwalemaalia.oro Barterer op Water Quality geglona101 An Ford Opporluaroffrmallva Aden Employer - A� Town of Robbinsville December 20, 2013 Page 2 of 2 If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or permits required by the Division of Land Resources, the Coastal Area Management Act or any other federal or local governmental permits that may be required. If you have any questions concerning this permit, please contact Lori Montgomery at telephone number (919) 807-6479 or at email Lori.Montgomery@ncdenr.gov. Sincerely, s A. Reel® edeC V r cc: NPDES Files Central Files EPA Region N (e-copy) Asheville Regional Office, Water Quality Program Michael Ladd, ORC -Town of Robbinsville (e-copy) E 7 Permit NCO025879 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES 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 Town of Robbinsville is hereby authorized to discharge wastewater from a facility located at the Robbinsville WWTP Corner of Old Hwy 129 and Knight Street (existing) Sandhole Road (proposed) Robbinsville, NC Graham County to receiving waters designated as Long Creek (existing) and Cheoah River (proposed) in the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2014. This permit and authorization to discharge shall expire at midnight on November 30, 2017. Signed this day December 20, 2013. mas A. Reeder, Director �IiyDivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 9 Permit NCO025879 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. The Town of Robbinsville is hereby authorized to: 1. Continue to operate an existing 0.63 MGD wastewater treatment facility with the following components: influent lift station, circular extended -aeration plant, center feed clarifier, aerobic sludge digester, uv disinfection and continuous flow measurement. The existing treatment facility is located at the corner of Old HWY 129 and Knight Street in Robbinsville, NC. 2. Discharge from treatment works listed in Item 1 above, through Outfall 001, into Long Creek, classified C-Trout waters in the Little Tennessee River Basin, at the location specified on the attached map. 3. Upon submittal of Engineering Certification for the newly constructed wastewater treatment facility (0.63 MGD) located on Sandhole Road in Robbinsville, NC, discharge from treatment works at the location specified on the attached map into the Cheoah River, a class C-Trout water in the Little Tennessee River Basin. The Authorization to Construct was issued for this new facility on February 28, 2012 and includes the following components: flow equalization basin, anaerobic zone, pre -anoxic zone, re -aeration zone, clarifier, sludge digester, disk filter, disinfection system, ultrasonic flow meter, and emergency generator. - 4. After receiving an Authorization to Construct permit from the Division, expand the wastewatr treatment facilities not to exceed 0.85 MGD design flow. After submitting an Engineer's Certification for this expansion, discharge at the increased capacity from treatment works at the location specified on the attached map into the Cheoah River, a class C-Trout water in the Little Tennessee River Basin. Page 2 of 9 Permit NCO025879 Part I A.(I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date ofthis permit and lasting until permit expiration OR relocation of discharge to the Cheoah River site, the Permittee is authorized to discharge It am Oumell 001 at the Long Creels site. Such discharge shall be limited and monitored' by the Pennithe as specified below: EFELIIENT CIIARe1QT39$TS�TICS s. " LIMITS r, (MONl`PORIN,GREQUH2EIVIEN'PS e, , -. -Mogthly -Average' Weekly 'sAverrage `+Mft Daily, -. rmum •iVn(easurament -Fregnency ;Sample ' Type : Sample, ':Location Flow- 0.63 MGD Continuous Recording I or E BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 3/Week Composite I & E Total Suspended Solids - 30.0 mg/L 45.0 mg/L 3/Week Composite I & E NH, as N (April 1 — Oct 31 4.2 mg/L 12.6 mg/L Weekly Composite E NHa as N (Noy 1 —March 31) 11.5 mg/L 34.5 mg/L Weekly Composite E Fecal California (geometric mean)' 200/100 aid, 400/100 mL 3/Week Grab E Total Residual Chlorine 28 ug/L 3/Wee1c Grab E Total Nitrogen (NO2+NO3+TKN) Monitor and Report Semi-annually Composite E Total Phosphorite Monitor and Re ort Semi-annuallyComposite E H Monitor and Report 3/Week Grab E Total Mer Monitor and Report I / Five years Grab E Footnotes: I. No later than 90 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (4.). 2. Sample Locations: E- Effluent, I — Influent. 3. The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85 % removal). 4. Limits and monitoring for total residual chlorine apply only if chlorine is added to the waste stream during the treatment process. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Pennines 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 µg/L. 5. The pH shall not be less than 6.0 standard units or greater than 9.0 standard traits. 6. The test for Total Mercury shall be EPA Method 1631E. See Special Condition A. (.5). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 9 Permit NCO025879 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Upon receipt of an Authorization to Construct from the Division and submittal of an Engineering Certification for the new wastewater treatment plant (not to exceed 0.63 MGD) located at the Cheoah River site, the Permittee is authorized to discharge from Outfall 001 to the Cherub River, a class C-Trout water in the Little Tennessee River Basin. Such discharge shall be limited and monitored' by the Permittee as specified below: :EFFLUENT CHARACTERISTICS LLVIITS MONITORINGREQUMEMENTS lylonthly Average - Wee)rly AveageMaximum ( Daily ` 'Megsuremenf Frequency = Sample fyisc VSamt)e,- :Location., Flow 0.63 MGD Continuous Recording I or E BOD, 5-day (20°C) 7.5 mg/L 3/Week Composite I & E Total Suspended Solids 45.0 mg/L 3/Week Composite I & E NH3 as N A ril 1— Oct 31) P200/100mL 6.0 mg/L Weekly Composite E NHe as N (Nov I — March 31 12.0 mg/L Weekly Composite E Fecal Coliferm eometric mean 400/100 on, Week Grab E Total Nitrogen (NO2+NO3+TRN) 45.21b/day, (annual average) Monthly Composite E Total Phosphorus 4.8 lb/day (mnnual average) Monthly Composite E Total Residual Chlorine 28 ug/L 3/Week Grab E g Monitor and Report 3/Week Grab E Total Mercury' Monitor and Report 1 / Five years Grab E Footnotes: No later than 90 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A.(4.). Sample Locations: E - Effluent, I— Influent. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85 % removal). The limits will become effective 2 years after the facility begin operation at the new location. The annual average shall be the average of composite samples collected monthly during each calendar year. Limits and monitoring for total residual chlorine apply only if chlorine is added to the waste stream during the treatment process. 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 µg/L. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. The test for Total Mercury shall be EPA Method 1631E. See Special Condition A. (5.). There shall be no discharge of floating solids or visible foam in other thantrace amounts. Page 4 of 9 Permit NCO025879 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Upon receipt of an Authorization to Construct from the Division and submittal ofan Engineering Certification for the W WTP expansion (not to exceed 0.85 MGD) located at the Cheoah River site, the Purnittee is authorized to discharge from 0anfell 001 to the Cheoah River, a class C-Trout water in the Little Tennessee River Basin. Such discharge shall be limited and monitored' by the Permittee as specified below: J RI9TIC9Monthly., EEJV TsPS 'iM©NEFORINGREQUIREMRKTB. 7BOD,5-day _ r ,' Weekly, :'Average ,Daily -Maximum Measureme❑,f ksrequency :Sample ". Type . --'SampleAverage Location2 0.85 MGD Continuous Recording I or E 0W'Q 5.0 mg/L 7.5 mg/L 3/Week Composite I&E Total Suspended Solids 30.0 mg/L 45.0 mg/L 3/Week Composite - I & E NHL as N (April 1 — Oct 31 1.0 mg/L 3.0 mg/L Weekly Composite E NHs as N (Nov I —March 31 2.0 mg/L 6.0 mg/L Weekly Composite E Fecal Cothran, (geometric mean) 200/100 mL 400/100 mL 3/Weelc Grab E Total Nitrogen (NO2+NO3+TIC 45.2 lb/day (annual average") Monthly Composite E Total Phosphorus 8.8 lb/day (annual average') Monthly Composite E Total Residual Chlorine 28 ug/L 3/Week Grab E g Monitor and Report 3/Week Grab E Total Merc Monitor and Report 1 / Five ems Grab E Foomotm 1. No later than 90 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A.(4.). 2. Sample Locations: E- Effluent, I — Influent. 3. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85 %removal). 4. The annual average shall be the average of composite samples collected monthly during each calendar year. 5. Limits and monitoring for total residual chlorine apply only if chlorine is added to the waste stream during the treatment process. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Pemuttee 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 µg/L. 6. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 7. The test for Total Mercury shall be EPA Method 1631E. See Special Condition A. (5.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 5 of 9 Permit NCO025879 A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B.(11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E.(5.) Monitoring Reports 1. Reporting !Supersedes Section D. (2.) and Section E. (5.) (a)l Beginning no later than 90 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC D WR'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 DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: 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. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 6 of 9 Permit NCO025879 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htt�//portal nedem ore/web/wq/admin/bowi u/p ed= 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal nedem org/w,b/wq/admin/boe/i u/p 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 qual fed 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 ofmy knowledge and belief, true, accurate, and complete. I am aware that there are signifacantpenalties for submittingfalse information, including the possibility offines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6. The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 9 Permit NCO025879 A. (5.) EFFLUENT MERCURY ANALYSIS The Permittee shall provide one effluent mercury analysis, using EPA Method 1631E, in conjunction with the next permit renewal application. The analysis should be taken within 12 months prior to the renewal application date. Any additional effluent mercury measurements conducted from the effective date of this permit and up to the application date shall also be submitted with the renewal application. If the result of the mercury analysis is not provided with the application, the application may be returned as incomplete and the Permittee considered non -compliant. Page 8 of 9 Permit NCO025879 Page 9 of 9 FAX 18284799272 a 0001/0001 AUG 10 2017 jwaler Pollution Control System Operator Designation Form WPCSOCC OualryPegionalOpNCAC ISA SC.0201 shevilla RaglOnal OI ,, —Permittee CWner/Omcer Name: �, M"" Address: a y7/� ^�C City: lrl. Stzte:P,Zip��- Phone#: Ot�g'"49q-<.KY,2� Email address:: Signature: Date: ' !1 1— f — I r . ...................... ...................................................................................................... Facility Name: 16wt OF WG)TP Permit#: PCoC%'RSf7r7 County:Grd 6l" ........................................................................................................................................... SUBMIT A SEPARATE FORM FOR EACH TYPE SYSTEM: Facility Type/Grade (CHECK ONLY ONE): Biological Collection Physical/Chemical Surface Irrigation Land Application ............................................................................................................................................. Operator in Responsible Charge (ORC) Print Full Name: I s2f.t'it 1.Am41. Srt Emall:,,/fdmpn re(./roHf•gc, c nj Certificate Type / Grade /Number: Q2y> 1347A Work Phone#: YA2F—%si5^ObaO �I Signature: LA! OCea<a._ ( -M6 9d Date: 7—/—/7 `9 turiry that I eyme In my des1matlon as the Operator in Reepoa6ldc Charge ryr the fncllity anted, I undertand sud will abide by the mica rod mgulmi9ns peruining to the msponslb0i(tw ofOle ORC a set froth in 15A NCAC 080.0204 ead failing to dew cm: result in Dwoiplinary Actions by the Water Pollution Control System Opemtme Certification Commission." .............................................................................................................................................. Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: aArez REmail: Certificate Type/Cla-addeY4e'/Number: WiW�r/ �10'� Work Phone#: of Signature: J/Z' n s Date:! "I certifytbat I agree to my designation as a Rack -up Opamur m RuFonsiblc Charge for We facility noted. 1 understand and will abide by the rulce and mgulations pertaining re the responsibilities or me RU ORC as scr forth in 15A NCAC 08G.0205 and filling to do so con:eault in Disciplinary Actions by the Water Pollution Control System Oprime. Certification Commission." ................................................................................................................................................ Maiffax or email the WPCSOCC, 1618 Mail Service Canter, Raleigh, NC276994618 Fox:919.715.2726 drieirrullo: Email: eartsultem aloe lean¢oy MR(f arfaxacn Lathe Asheville Fayetteville Mooress911e Reddish appropriate Regloaa(Ojf,ce: 2090 US Hwy 70 221 Green St 610 E Cemer Ave 3800 Bedroll or Swannwnu28778 Suit, 714 Suite 301 Raleigh 27609 Fax: 828.299,7043 Paycttcvillc 28301-5043 Mooresville 28115 Fax: 919.571,1718 Phone: 829.296-4580 1rax:9lQA86.U707 Fax: 704,663.6040 Phone919.791.4260 Phone: 910A33MOU Phone: 704.663.1699 - Washington Wilmington WinslanSalcm 943 Wushinglon Sq Mall 127 Cardinal Or 450 W. Rwwa Null Rd Washington27889 Wilmington 23405-2845 Winston-Salem 27105 Fax: 252.W.9215 Fax: 910.350.2004 Fax: 336.776.9797 Phone: 252.W&M81 Phone: 910.79G7215 Phone: 336.Tl6.9800 Revised 05.205 Town of W966imvilre TO Box 129 &66insvil ; 9VC 28771 Mayor. Bo0y cage, r Clerks: Mandy Sharpe Shari Birchfw(d November 1, 2013 Mr. G. Landon Davidson, P.G. North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Section Asheville Regional Office 2090 U.S Highway 70 Swannanoa, North Carolina 28778 Dear Mr. Davidson: Cmnci - Bo66y S+m'th .7an Brooks JacruAym E g .d NOV - << 2013 RE: Response to Notices of Violation NOV 2013-PC-0316 and NOV 2013-LV-0646 NPDES Permit # NCO025879 Robbinsville, North Carolina The Tevffi of b..sville is in reeeipt of the two notices of violation (NOV's) referenced above related to our wastewater treatment plant on Knight Street. As NCDENR is aware, due to the antiquated and poor condition of the existing treatment plant, the Town has, over the past several years, been in the process of planning, permitting and constructing a new wastewater treatment facility approximately half a mile away on Sand Hole Road. This new facility has been a monumental undertaking for our small community, with an investment of over $7 million. As such, the construction of the new facility has been the major focus of our solution to the treatment limitations at the existing facility on Knight Street. The new facility is expected to be placed into operation by the middle of November of this year. 7efephone: (828)-479-3250 TaX (828}479-9272 NOV-2013-PC-0316 dated October 8, 2013 references an inspection at the wastewater treatment plant conducted by your office on August 19, 2013. A leak in the main air header at the facility had been observed late in the week prior to the NCDENR inspection. Although the aeration basin was still receiving air, the reduction in air caused by the leak may have contributed to the compliance issues at the facility, although we were unaware of the detrimental. impacts at the time the leak occurred. The Town quickly contacted our engineer, McGill Associates, on Monday, August 19, 2013, and arranged for a contractor to meet at the plant as soon as possible to assess the situation and develop a plan of action to make repairs to the aeration system. In addition, the Town immediately ordered replacement UV bulbs, and installed tablet chlorination and dechlorination systems to improve the disinfection treatment. The Town ultimately spent in excess of $15,000 in supplies to supplement the disinfection, and this effort resulted in an immediate reduction in fecal coliform levels in the treatment plant effluent. In conjunction with our meeting with the contractor, the Town met again with NCDENR representatives from your office on August 22, 2013 and expressed our commitment to improving facility operations and to implementing the necessary improvements to the aeration system. A plan to correct the aeration piping and diffuser issues was developed by our engineer and contractor, and the Town awarded a contract on September 4, 2013 directing the improvements be made at the plant. This work was completed on September 19, 2013 at a cost to the Town of over $60,000 in construction and engineering costs. NOV-2013-PC-0316 also states that Long Creek contained an elevated level of fecal coliform due to the wastewater treatment plant discharge. The Town has taken samples upstream and downstream of our discharge, and has noted several instances where the fecal coliform level upstream is actually higher than the level downstream of our discharge. Therefore, we believe that there is uncertainty as to whether or not the Town's wastewater treatment plant discharge is the source of the elevated level of fecal coliform in Long Creek. NOV-2013-LV-0646 dated October 23, 2013 includes effluent permit limits for ammonia and total suspended solids on August 24 and August 31, 2013. These samples were taken prior to the above -mentioned aeration system repairs being made. The remedial actions described above for the other related NOV also are applicable to this second NOV. As stated earlier, the new wastewater treatment facility is scheduled to be placed into operation later this month, which will allow the existing facility to be decommissioned. We would like to point out that the new treatment plant was originally scheduled to be completed by July of this year. However, due to the extreme rainfall experienced this year and other contractor -related delays, the contractor did not complete the project on time. These schedule delays were beyond the control of the Town. Had the project been completed within the original schedule, it would have been in operation prior to the time period of these recent NOV's. The new wastewater treatment facility is designed to provide improved treatment and performance to allow the Town to remain in compliance with our discharge permit on a more consistent basis. We hope that your office will take into consideration the prompt remedial actions taken by the Town as described in this letter, which were implemented at significant monetary hardship to the Town of Robbinsville. In addition to over $75,000 in corrective costs at the existing wastewater treatment plant, the Town's investment into the new treatment facility has resulted in significant rate increases to our customer base, which has one of the lowest median household incomes in the State of North Carolina. We have cooperated with NCDENR staff from the moment that the potential compliance issue was brought to our attention, and we have taken immediate and proactive actions to mitigate the impacts and correct the problems. I urge NCDENR to take these factors into consideration when evaluating any further enforcement actions related to these NOV's. Given the improvements made at the plant and the significant monies already spent by the Town, further monetary fines do not seem necessary and would only further worsen the Town's ability to operate the facility by causing additional unnecessary financial hardships. Please be assured that the Town of Robbinsville is committed to operating our treatment facility in the manner necessary to protect our environment and the well-being of the citizens in our community. If you like, we would be happy to meet with you or other NCDENR representatives as appropriate to further express our long-term commitments. Sincerely, Bobby Smith, Mayor Pro-Tem Town of Robbinsville The Honorable Bobby Cagle, Jr. Town of Robbinsville P.O. Box 126 Robbinsville, North Carolina Dear Mayor Cagle: Y 1 Michael F. ley, Governor D William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H..Sullins, Director Y: Division of; Water Quality October 30, 2007Ell c� i; i 1 �Y I VVA F -i' i U !_I Vz f VIL1 ' 1 "K) ! 101 1 C E Subject: Issuance of NPDES Permit NC0025879 Robbinsville •° ,jZ16 /V- TT Graham 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). Please note that this permit requires the submittal of a Wastewater Management plan (Attachment A. ( 2.)) by June 1, 2008. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E 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) 733-5083, extension 539. Sincerely, Coleen H. Sullins Enclosure: NPDES Permit NCO025879 cc: Central Files Asheville Regional Office / Surface Water Protection NPDES Unit N�0 Carolina trrra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 500/6 Recycled/10% Post Consumer Paper Permit NCO025879 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 Town of Robbinsville is hereby authorized to discharge wastewater from a facility located at the Robbinsville WWTP Corner of Old Hwy 129 & Knight Street Robbinsville Graham County to receiving. waters designated as Long Creek in the Little TennesseeRiver 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, 2007: This permit and authorization to discharge shall expire at midnight on November 30, 2012. ,Signed this day October 30, 2007.. Cole H. Sullins, Director Di ion of Water Quality By Authority of the Environmental Management Commission p y ( Permit NCO025879 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. The Town of Robbinsville is hereby authorized to: 1. Continue to operate an existing 0.63 MGD wastewater treatment facility with the following components: • Influent lift station • Circular extended -aeration plant • Center -feed clarifier • Aerobic sludge digester, thickeners and belt press • UV disinfection and • Continuous flow measurement This facility is located at the corner- of Old Hwy 129 and Knight Street in the Town of Robbinsville in Graham County. 2. Discharge from. said treatment works, through Outfall 001, into Long Creek, classified C-Trout waters in the Little Tennessee River Basin, at the location specified on the attached map. Town ofRobbinsville Robbinsville WWTP Latitude: 350 19'43" N State Grid: Robbinsville Longitude: 830 48' 40" W Permitted Flown 0.630 MGD Receiving Stream: Long Creek Drainage Basin: little Tennessee River Basin Stream Class: C — Trout Sub -Basin: 1 04-04-04 Permit NCO025879 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Jt• •,ails rt am i } &am Flow 0.63 MGD Continuous Recording I or E . BOD, 5-day (20°C)2 30.0 mg/L 45.0 mg/L 3/Week Composite I & E Total Suspended 30.0 mg/L. 45.0 mg/L 3/Week Composite I & E Solids2 NH3 as N 4.2 mg/L 12.6 mg/L Weekly Composite E A ril 1- Oct 31 NH3 as N 11.5 mg/ L 34.5 mg/ L Weekly Composite E Nov 1- March 31 Fecal Coliform 200/ 100 mL 400/ 100 mL 3/Week Grab E (geometric mean Total Residual 28 ug/L 3/Week Grab E. Chlorine3 Total Nitrogen Monitor and Report Semi- Composite E (NO2+NO3+TKN) annually Total Phosphorus Monitor and Report Semi- Composite E annually H4 Monitor and Report 3/Week Grab E Wastewater Submittal within 180 days of permit Not Applicable Management PIan5 issuance date Footnotes: 1 - Sample Locations: E -Effluent, I -Influent. Upstream = at least 50 feet above discharge point. 2. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85 % removal). 3. Limits and monitoring for total residual chlorine apply only if chlorine is added to the waste stream during the treatment process. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. Submittal of Wastewater Management Plan by June 1, 2008 - Attachment A (2) There. shall be no, discharge of floating solids or visible foam in other than trace amounts. Permit NC0025879 A. (2.) WASTEWATER MANAGEMENT PLAN No later than 180 days after the effective date of this permit, the Permittee shall submit to the Division a wastewater management plan. The plan shall include, at a minimum, the following elements: • Future flows. Provide estimates of wastewater flows and characteristics for the next 10-20 years and the basis for those estimates, including assumptions and calculations. • Alternatives analysis. Conduct a technical and economic evaluation of wastewater disposal alternatives, specifically including at least the following alternatives: • connection to the City of Gastonia wastewater collection system • conversion to a spray irrigation system • implementation of a reuse program • any combination of the above options The analysis and report should be consistent with the EAA guidance document provided by the Division. • Facilities assessment. Describe deficiencies and operational difficulties in the existing collection and treatment systems that affect performance or permit compliance._ Identify potential improvements to correct those deficiencies. At a minimum, evaluate the following considerations: • inflow and infiltration, • diversion of wasteloads during peak flows, • equipment repairs and preventative maintenance, • removal of accumulated solids, wastes, other. debris • Optimization plan. Develop a plan for optimization, rehabilitation, expansion and/or replacement of the collection and treatment systems to achieve optimum performance. Identify specific measures and key tasks, including those in the above facilities assessment, and provide an estimated schedule for completion of each. • Biosolids management plan. Develop an operations plan to be used (and describe the procedures currently used) for managing septage / biomass in the treatment system, including associated solids wasting and disposal, to promote optimum treatment system performance. Identify operating parameters to be used and target values or ranges of values where appropriate. • Communications plan. Describe a plan for informing utility customers of their potential impacts on treatment system performance and appropriate practices for minimizing those impacts, including a schedule for implementation of the plan. At a minimum, include the following elements: • oil and grease contributions to the collection and treatment system, • introductory material for new tenants, describing acceptable waste disposal practices • common practices that adversely affect the collection/treatment system • notification procedures in case of emergencies. PES Permit Standard Conditions Pagc I of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. BYPass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the _following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume:, a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,' and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Version 1011012007 TDES Permit Standard Conditions Page 2 of 16 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every X hours [X = days detention tune] over a 24-hour period. Effluent samples shall be collected at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured doing a calendar day or any 24-hour period that reasonably represents the calendar day, for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 1011012007 rDES Permit Standard Conditions ` Page 3of16 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. Monthlj, 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 Issuu7g Authori The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 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 limi� 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 Co=ly The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation' of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under Version 1011012007 PDES Permit Standard Conditions Page 4 of 16 section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] d. Any person who kImpiaDl, 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 of sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability . Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Version 1011012007 PES Permit Standard Conditions Page 5of16 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 [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. i 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. Version 1011012007 } PDES Permit Standard Conditions Page 6 of 16 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 plan manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "/ 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to unidate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 1011012007 'PES Permit Standard Conditions Page 7 of 16 The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all 'facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] 0) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. Version 1011012007 PDES Permit Standard Conditions Page 8 of 16 (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shallcomply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the' regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible .for maintaining adequate safeguards (as requited by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in thus permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Version 1011012007 'IDES Permit Standard Conditions Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the -flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation Version 1011012007 jPDES Permit Standard Conditions Page 10 of 16 ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Perinittee 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 Entev The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [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 additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, not to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such 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 122.410) (2)]. Version 1011012007 DES Permit Standard Conditions Page 11 of 16 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may requite modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DAIR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. TwennT-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Version 1011012007 1 1 �PDES Permit Standard Conditions Page 12 of 16 Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on. any such report may result in the imposition of 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 $25,000 per violation, or by unprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, not add to the plant's treatment capacity, nor change the treatment process(es) utilized at the -treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitorin The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile.; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; Version 1011012007 -IDES Permit Standard Conditions Page 13of16 ^ 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. Tlvs permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create afire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; Version 1011012007 l MES Permit Standard Conditions Page 14 of 16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modif, an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modifh 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: Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Version 1011012007 r DES Permit Standard Conditions Page 15 of 16 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 maiintai n 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. 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 (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial ✓users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) - The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Version 1011012007 nDES Permit Standard Conditions Page 16 of l E These reports shall be submitted according to a schedule established by the Director and shall contain the fgllowung: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Sib ificant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program SummaLT (PPS) nary (PPS) on specific forms approved by the Division; A pretreatment program suim 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 SummaiZ: Forms (IDSF) 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 l 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 Pro rams Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 211.0907. Version 1011012007